Consent Order

Keith Michael Lambourne failed to be in active charge and control of the brokerage's business and licensees, and failed to ensure that the brokerage was in compliance with the Real Estate Services Act when he did not retain the Contract of Purchase and Sale for a property transaction. Mr. Lambourne's actions contravened section 6(2) of the Real Estate Services Act and section 3-1(1)(b) of the Council Rules.

Mr. Lambourne did not ensure that procedures were in place and implemented to ensure the timely collection of deposits after the acceptance of offers. This failure to provide adequate supervision contravened section 3-1(1)(a) and (c) of the Council Rules, and section 6(2)(b) of the Real Estate Services Act.

Royal LePage Prince Rupert failed to retain the Contract of Purchase and Sale for the acquisition of a property. This contravened section 8-5(1) of the Real Estate Services Act.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Lambourne and Royal LePage Prince Rupert are each reprimanded, and are jointly and severally liable to pay a discipline penalty of $5,000.00 to the Council.
2. At his own expense, Mr. Lambourne must successfully complete the Broker's Remedial Education Course.
3. Mr. Lambourne and Royal LePage Prince Rupert are jointly and severally liable to pay enforcement expenses of $1,500.00 to the Council.