Consent Order

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004 ch. 42

AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act

Complaint:

Contravention of sections 35(1)(a) and 35(1)(c) of the Real Estate Services Act and sections 3-3(1)(b) and 3-3(1)(c) of the Council Rules/Professional misconduct, duties to clients

Issue:

Deborah Jo Acheson, representative, Dedicated Property Management Ltd., Delta, committed professional misconduct within the meaning of sections 35(1)(a) and 35(1)(c) of the Real Estate Services Act in that she:

1. misappropriated funds held or received from, for or on behalf of a principal in relation to real estate services for her own use or benefit by making withdrawals from trust for purposes other than those permitted by sections 30(1) and (2) of Act, which conduct constituted wrongful taking;
2. collapsed term investments held on behalf of clients of the brokerage, deposited these funds into the strata trust account of the brokerage and falsely characterized these deposits as owner contributions, which conduct constituted deceptive dealings;
3. acted contrary to the lawful instructions of clients of the brokerage, contrary to section 3-3(1)(b) of the Council Rules, and
4. acted outside of the scope of authority given by clients to the brokerage, contrary to section 3-3(1)(c) of the Council Rules.

Results

Deborah Jo Acheson 's licence as a representative was cancelled and she will not apply for licensing as a representative for a period of seven (7) years commencing March 31, 2006 for professional misconduct as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Deborah Jo Acheson, and a Consent Order was issued. She will pay enforcement expenses in the amount of $5,000.00 within two (2) years of the date of the Consent Order, in addition upon receipt of her application for licensing she will be subject to a qualification hearing, and further, as a condition of future licensing, she will pay a discipline penalty in the amount of $10,000.00