Consent Order

A discipline committee of the Real Estate Council of British Columbia (the "Council") accepted the Consent Order Proposal submitted by Alexander Oghogho Moses, and found that Alexander Oghogho Moses committed professional misconduct when he:

1. in or around May 2014, with respect to the property located at XXX Okanagan Centre Road East in Lake County (the "Property"), permitted a related licensee, Mr. D, to use a name that was not the licensed name of the Brokerage on the rental management service agreement and the tenancy agreement;
2. in or around May 2014, with respect to the Property, permitted the Brokerage to enter into a service agreement with a person, JS, who was not the registered owner, and/or without confirming that person's authority to enter the agreement;
3. in or around 2015, permitted a licensee to use his personal office located at XXX Lawson Avenue in Kelowna, BC as an unlicensed branch office of the Brokerage;
4. failed to be actively engaged in the management of the Brokerage;
5. failed to ensure that the Brokerage maintained proper books and records;
6. allowed the Brokerage to transfer trust funds related to the properties at XXX Prior Road and XXX Sumac Crescent from the Brokerage's trust account to its general account without properly recording the transaction including authorization from the clients;
7. allowed the trust account for XXX Okanagan Road to be charged back by the Brokerage for work performed at the request of and paid by an unlicensed third party unrelated to the Brokerage;
8. reviewed, initialed and approved the monthly trust account reconciliations for the months March 2016 - May 2016 which indicated that monthly bank service charges were being withdrawn from the trust account; and
9. permitted bank service charges to be withdrawn from the Brokerage trust account for the months of March 2016 - May 2016.

Results

A discipline committee of the Council has ordered, and Alexander Oghogho Moses has agreed to, the following penalties:

1. a reprimand;
2. a discipline penalty of $5,000;
3. enforcement expenses of $1,500; and
4. successful completion of the Broker's Remedial Education Course.