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

Issue: Carrie Frances Stephenson, currently unlicensed, while licensed as a managing broker with Paris Realty Ltd. dba Royal LePage Fraser Valley -Aldergrove, Abbotsford, entered into a Consent Order with the Council in which she consented to an Order that she: (a) committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that as managing broker for Royal LePage Fraser Valley -Aldergrove she: (i) failed to ensure that the brokerage maintained proper and up to date books, accounts and other records, in accordance with section 25 of the Real Estate Services Act and sections 3-1(3)(a), 8-1, 8-2, and 8-3 of the Council Rules; (ii) permitted the sum of $48,075.64 to be withdrawn from the rental management services trust account, contrary to section 30 of the Real Estate Services Act; (iii) failed to ensure that remuneration paid to other brokerages was paid from the brokerage trust account, as required by section 31 of the Real Estate Services Act; (iv) failed to ensure that the rental property management agreements of the brokerage contained a provision as to how security deposits, pet damage deposits and other deposits were to be dealt with and also a provision respecting the use and disclosure of personal information, as required by section 5-1 of the Council Rules; (v) failed to ensure that the strata management written agreements contained provisions respecting the use and disclosure of personal information with respect to the strata corporation for the use and disclosure of personal information respecting owners who are members of the strata corporation, an indication of each type of trust account held on behalf of the client, and the authority to transfer between client trust accounts; (vi) failed to ensure that there was a written disclosure to the buyer as to the source and amount of the remuneration that was received by the brokerage and sale representatives in trade files 270001, 270019, and 270026; and (vii) failed to ensure that she was actively engaged in the management of the said brokerage and that the said business of the brokerage was carried on competently and in accordance with the Act, regulations, rules and/or by-laws as required by section 3-1 of the Council Rules.

E. & J. A. 's Complaint: (b) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act: (i) by contravening section 3-3(1)(a) and (f) and section 3-4 of the Council Rules in that she failed to disclose all known material information to the A 's, such as informing them of vacancies and/or ongoing rent shortages from the tenants in the subject properties; (ii) by contravening section 35(1)(d) of the Act and section 3-4 of the Council Rules by failing to ensure that the records requested by the said owners were provided in the required time frame, in accordance with sections 8-6(3) and (4) of the Council Rules; (iii) by contravening section 35(1)(d) of the Act and section 3-4 of the Council Rules in that she failed to ensure that a completed monthly report of the rental monies was provided to the said owners in a timely manner for the said properties; (iv) by contravening section 35(1)(d) of the Act and section 3-4 of the Council Rules in that she failed to account to the said owners whether any rents were received for the 46A Avenue property for the months of August, September, October, November, December 2007 and January 2008; and (v) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly in writing to the Council 's enquiries concerning the complaints against her by the A 's.

L.P. 's Complaint: (c) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act: (i) by contravening section 3-3(1)(a) of the Council Rules by failing to perform a property condition inspection with the tenant, in accordance with sections 23 and 24 of the Residential Tenancy Act; (ii) by contravening section 3-4 of the Council Rules by failing to provide and maintain the said premises in a reasonable state of repair as required by the provisions of the residential tenancy agreement and in failing to address the concerns of the said tenant in a timely manner; and (iii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly in writing to the Council 's enquiry concerning the complaints against her by the said tenant.

M.O. 's Complaint: (d) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act (i) by contravening section 3-4 of the Council Rules by failing to ensure that rental monies were provided to the said owner in a timely manner; (ii) by contravening section 3-4 of the Council Rules in that she failed to ensure that a tenant 's security deposit in the amount of $500.00 was provided to the owner in a timely manner; and (iii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly in writing to Council 's enquiries concerning the complaint against her by M.O.

R.W. 's Complaint: (e) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act: (i) by contravening section 35(1)(d) of the Act in that she failed to ensure all monies received by the brokerage from a previous management company were promptly paid into the trust account of the brokerage, as required by section 27(1) and (2) of the Act; (ii) by contravening section 3-3(1)(a) and/or section 3-4 of the Council Rules in that she: 1) failed to pay invoices issued to the strata corporation in a timely manner; 2) failed to ensure that the brokerage maintained separate trust accounts and that the strata corporation maintained a separate trust account for the contingency reserve funds for the strata corporation; 3) failed to ensure that the records requested by the strata corporation were provided in accordance with section 8-7.1(3) of the Council Rules; 4) failed to respond to enquiries by the strata corporation in a timely manner; and (iii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly to enquiries by the Council concerning the complaint of the strata corporation.

J. & E. W. 's Complaint: (f) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(d) of the Act: (i) by contravening section 3-4 of the Council Rules in that she collected rental income and damage deposits from December 15 to December 31, 2007 and rental income for January and February of 2008 for the said property and failed to pay same to the W 's or provide an accounting to them in a timely manner; and (ii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly in writing to the enquiries of the Council concerning the complaint against her by the W 's.

M.B. 's Complaint: (g) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Act: (i) by contravening section 3-3(1) of the Council Rules by failing to keep the said clients informed of ongoing rent shortages from the tenants in the basement of the subject property; (ii) by contravening section 3-4 of the Council Rules by failing to account to the client on a monthly or regular basis with respect to all monies received or disbursed on behalf of the client with respect to the subject property; and (iii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly to the Council 's enquiries in writing with respect to the complaints of M.B.

T.N. 's Complaint: (h) Ms. Stephenson committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act: (i) by contravening sections 3-3(1)(a) and 3-4 of the Council Rules in that she: 1) failed to advise the said owners that there had been no renters for the property between October 12, 2007 and January 31, 2008; 2) failed to communicate with the said owners when they attempted to contact her; 3) failed to return the keys to the said property to the owners after they terminated her management services; and (ii) by contravening section 37(4) of the Act and/or section 2-19 of the Council Rules in that she refused to provide information to the Council and/or failed to respond promptly to the Council 's enquiries in writing with respect to the complaints of T.N.

Results

Carrie Frances Stephenson will not apply to be licensed as a managing broker for five (5) years or until July 8, 2014 and any application for licensing as a managing broker will be subject to Ms. Stephenson successfully completing the Broker 's Licensing Course and examination. Ms. Stephenson will not apply to be licensed as an associate broker or representative for trading, rental property management or strata management for a period of one (1) year or until July 8, 2010. Ms. Stephenson was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (Mandatory Requirements Under The Real Estate Services Act) of the Broker 's Licensing Course, and to enrol in and attend the first available CPE course €œWhat Brokerages and REALTORS Need to Know About Agency €ù. In addition, if Ms. Stephenson intends to become licensed as a managing broker, associate broker, or representative for rental property management and/or strata management, she must also successfully complete the Supplemental Rental Property Management Course and examination or the Supplemental Strata Management Course and examination or both as a condition of licensing, whichever the case may be. Further, Ms. Stephenson was ordered to pay enforcement expenses to the Council in the amount of $1,000.00.