Consent Order

Guy Joseph Donat Bezeau, while licensed as Managing Broker of RE/MAX Ocean Pointe Realty, failed to ensure that the brokerage maintained proper books, accounts, and other records. He also failed to ensure that the brokerage prepared and retained bank reconciliations for the pooled trading trust account and the commission trust account, and failed to ensure that the brokerage correctly recorded deposits in the general ledger. This contravened sections 8-2(c) and 8-3 of the Rules.

Mr. Bezeau failed to ensure that the brokerage made payments on behalf of licensees from the commission trust account, contravening section 31 of the Real Estate Services Act.

He allowed the brokerage to deposit non-trust monies into the brokerage's trust account, contravening sections 27(2)(a), 27(2)(b), and 27(5) of the Real Estate Services Act.

Managing brokers are required to ensure that the business of the brokerage is carried out competently and in accordance with the Act, Regulations, Rules, and Bylaws. Managing brokers must ensure that the brokerage trust accounts are properly maintained, and ensure proper management of documents and other records relating to licensing and regulatory requirements. Mr. Bezeau failed in these duties, contravening sections 3-1(1)(b) and 3-1(3) of the Rules.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Bezeau is reprimanded, and must pay a discipline penalty of $2,500.00 to the Council.
2. Mr. Bezeau must pay enforcement expenses of $1,500.00 to the Council.