Consent Order

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) [professional misconduct] and 6(2)(b) [managing broker responsibilities] of the Real Estate Services Act, sections 3-1(1)(a) and (b) [managing broker responsibilities], 3-1(3) [managing broker responsibilities], 7-7(1) [annual financial statements, accountant 's report and brokerage activity report], 8-1(1) and (2) [financial records], and 8-3(c) and (d) [pooled trust account records] of the Council Rules

Issue: Randall C. Lewis Company Ltd., Richmond, currently unlicensed, which, while licensed as a brokerage, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it contravened section 7-7(1) of the Council Rules in that it failed to file an Accountant 's Report with the Council by the prescribed date.

Issue: Randall Charles Frederick Lewis, currently unlicensed, who, while licensed as managing broker, Randall C. Lewis Company Ltd., Richmond, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he:

1. failed to fulfill his responsibilities as a managing broker for the performance of the duties imposed on the brokerage by its licence within the meaning of section 6(2)(b) of the Real Estate Services Act;
2. contravened sections 3-1(1)(a) and (b) and 3-1(3) of the Council Rules in that he failed to ensure that the said Accountant 's Report was filed with the Real Estate Council on or before January 31, 2007;
3. contravened sections 8-1(1) and (2), and 8-3(c) and
4. of the Council Rules in that he failed to ensure that the brokerage kept proper books and records including separate trust ledgers for each principal of the brokerage and proper monthly trust liability and asset reconciliations; (d) failed to sufficiently respond to requests by the Council for books and records relating to the adequacy of trust funds held by the brokerage;
5. failed to provide a client with copies of tenancy agreements relating to properties that were being managed by the brokerage on behalf of the client, despite the client 's request for those documents; and
6. failed to properly account for, collect and remit in a timely manner rental monies held on behalf of a client relating to properties managed by the brokerage on behalf of such client.

Results

Randall C. Lewis Company Ltd. 's licence was cancelled as of September 30, 2007 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 Randall C. Lewis Company Ltd., and a Consent Order was issued.

Randall Charles Frederick Lewis 's licence as a managing broker was cancelled as of September 30, 2007 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 Randall Charles Frederick Lewis, and a Consent Order was issued. Further, any application by Randall Charles Frederick Lewis for relicensing as a managing broker would be subject to a qualification hearing and subject to the successful completion of the Broker 's Licensing Course. As of September 30, 2007, Mr. Lewis was eligible to be licensed as an associate broker, subject to the following conditions:

1. Mr. Lewis ' licence as an associate broker be suspended for ninety (90) days from and including October 1, 2007 to and including December 29, 2007;
2. Mr. Lewis will not act as a managing broker nor will he be a signatory on any brokerage trust account. Upon relicensing, Mr. Lewis must successfully complete the disciplinary education assignment applicable to Chapter 2 (The Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course "Professionalism It Pays! Be Safe or Be Sued! and pay enforcement expenses to the Council in the amount of $750.00.