Printed . This content is updated regularly, please refer back to https://bcfsa.ca to ensure that you are relying on the most up-to-date resources.
Consent Order
- Licensee
- Diana Delaney, Diana Charlene Delaney
- Brokerage at Time of Sanctioned Activity
- Delaney Properties Ltd.
- Current Brokerage
- Delaney Properties Ltd., Vernon
- Consent Order Date
- 23 June 2017
Summary
Diana Charlene Delaney was acting as the rental property manager for clients in Vernon. She entered into a tenancy agreement on behalf of her clients, and over the course of several months, she repeatedly acted outside the scope of her authority, failed to act in the best interests of her clients, failed to follow her clients' instructions, and failed to act with reasonable care and skill.
Ms. Delaney did not conduct a move-in inspection with the tenants, as required by the Residential Tenancy Act. She allowed the tenants to have a pet and waived the pet deposit without seeking any authorization from the owners. She made a verbal agreement with the tenants to upgrade the property in exchange for an increase in rent, but did not confirm this in writing. She did not disclose to her clients that there was no written agreement, or that after the upgrades were completed at the owners' expense the tenants refused to honor the verbal agreement and were late paying rent each month. She did not respond to requests for information from the owners or provide them with documents when requested.
As managing broker for Delaney Properties Ltd., Ms. Delaney failed to ensure that the business of the brokerage was carried out competently and in accordance with the Real Estate Services Act, Regulations, Rules and Bylaws.
Results
A discipline committee of the Council has ordered the following:
- Ms. Delaney is reprimanded, and must pay a discipline penalty of $5,000.00 to the Council.
- Ms. Delaney must pay enforcement expenses of $1,500.00 to the Council.
- At her own expense, Ms. Delaney must successfully complete the Rental Property Management Remedial Education Course.
- Ms. Delaney must provide real estate services in respect of trading services, rental property management services and strata management services and engage in managing broker responsibilities in a manner that meets the requirements of the Real Estate Services Act, Regulations, Rules, Bylaws and all other applicable legislation.
- Ms. Delaney will be subject to an audit, at her expense, to confirm compliance with the requirements in accordance with the conditions of her licence as set out in Schedule A to this order.