Consent Order

Vantage West Realty Inc. provided real estate services through two office locations during periods when only one office was licensed. This contravened section 5(4) of the Real Estate Services Act, which requires a brokerage to have a licence for each office it operates.

Vantage West Realty Inc. provided real estate services through an unlicensed corporate entity. This contravened section 7(5) of the Real Estate Services Act.

Adrian Joseph Hazzi, while acting as Managing Broker at Vantage West, allowed the brokerage to provide real estate services through unlicensed offices, contravening section 5(4) of the Real Estate Services Act. He allowed the brokerage to provide real estate services through an unlicensed corporate entity, contravening section 7(5) of the Real Estate Services Act. He allowed trust and bank accounts to be opened for use by the unlicensed entity, contravening section 3-1(3)(a) of the Rules. He failed to return an original licence certificate to the Council before an amended licence was issued, contravening section 3-1(3)(b) of the Rules.

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. Mr. Hazzi failed in these duties, contravening sections 3-1(1)(b) and 3-1(3) of the Rules.

Mr. Hazzi failed to be actively engaged in the management of the brokerage and to ensure that its business was carried out competently and in accordance with the Real Estate Services Act, Regulations, Rules, and Bylaws, as required by section 6(2) of the Real Estate Services Act and section 3-1 of the Rules.

Mr. Hazzi attempted to mislead the Council by stating that property management services were provided through one office when they were in fact provided through the other, unlicensed, branch office. This constituted professional misconduct under section 35(1)(g) of the Real Estate Services Act.

Brenda Lynn Maxwell, while acting as Managing Broker at Vantage West, failed to ensure that one of the offices through which real estate services were being provided was licensed as a branch office of the brokerage, contrary to section 5(4) of the Real Estate Services Act.

Ms. Maxwell allowed the brokerage to provide real estate services through an unlicensed corporate entity, contravening section 7(5) of the Real Estate Services Act. She failed to ensure that the name of the unlicensed entity was licensed by the Council as a trade name or team name of the brokerage, contravening section 4-4 and 4-6 of the Rules.

Ms. Maxwell allowed trust and bank accounts of the brokerage to be administered through an unlicensed branch office and through the unlicensed entity, contravening section 3-1(3)(a) of the Rules.

Ms. Maxwell allowed property managers to provide real estate services through the unlicensed branch office and through the unlicensed entity, contravening section 7(3)(a) of the Real Estate Services Act.

She allowed the property managers to be paid remuneration from the unlicensed entity, contravening section 7(3)(b) of the Real Estate Services Act.

Ms. Maxwell failed to be actively engaged in the management of Vantage West Realty Inc., and to ensure that its business was carried out competently and in accordance with the Real Estate Services Act, Regulations, Rules, and Bylaws. This contravened section 6(2) of the Real Estate Services Act, and section 3-1 of the Rules.

Results

A discipline committee of the Council has ordered the following:

1. Vantage West Realty Inc. is reprimanded, and must pay a discipline penalty of $5,000.00 to the Council.
2. Ms. Maxwell is reprimanded, and must pay a discipline penalty of $5,000.00 to the Council.
3. Mr. Hazzi is reprimanded, and must pay a discipline penalty of $7,500.00 to the Council.
4. At their own expense, Mr. Hazzi, and Ms. Maxell must successfully complete the Broker's Remedial Education Course.
5. Vantage West Realty Inc., Mr. Hazzi, and Ms. Maxwell are jointly and severally liable to pay enforcement expenses of $1,500.00 to the Council.