Consent Order

Published on
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Licensee
Smrat Sharma, Smrat (Sam) Sharma
Brokerage at Time of Sanctioned Activity
Multiple Realty Ltd.
Current Brokerage
Vancouver
Consent Order Date
6 June 2013

Summary

REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION

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: Smrat (Sam) Sharma, currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative with Multiple Realty Ltd., Vancouver, he committed professional misconduct within the meaning of section 35(1)(a) and (c) of the Real Estate Services Act in that he:

  1. failed to promptly provide the managing broker with copies of all trade records, contrary to section 3-2(1)(b) of the Council Rules;
  2. failed to inform the managing broker of the real estate services he was providing, contrary to section 3-2(2)(a) of the Council Rules;
  3. failed to promptly deliver to the brokerage the $130,000 deposit that was paid to Multiple Holdings Ltd., a company created by Mr. Sharma, by M.D. on March 3, 2011, contrary to section 27(1) of the Real Estate Services Act;
  4. failed to promptly deliver to the brokerage the $400,000 deposit that was paid to Mr. Sharma by 6490XX B.C. Ltd. on March 31, 2012, contrary to section 27(1) of the Real Estate Services Act;
  5. failed to promptly deliver to the brokerage the $50,000 deposit that was paid to Mr. Sharma by J.R. on May 3, 2012, contrary to section 27(1) of the Real Estate Services Act;
  6. misappropriated and/or wrongfully converted money provided to him from J.R. intended as a deposit on a purported purchase of a property on East Hastings Street, Vancouver, B.C.;
  7. misappropriated and/or wrongfully converted money provided to him from 6490XX B.C. Ltd. intended as a deposit on a prospective purchase of a property on West 3rd Avenue, Vancouver, B.C.;
  8. misappropriated and/or wrongfully converted money provided to him from M.D. intended as a deposit on a purported purchase of a property on Commercial Drive, Vancouver, B.C.;
  9. committed deceptive dealing in that he created transaction records, including a Contract of Purchase and Sale, for the purported purchase of property on Commercial Drive, Vancouver, B.C., for the purpose of obtaining deposit funds from M.D. and used those funds for a purpose not intended by M.D.;
  10. committed deceptive dealing in that he created transaction records, including a Contract of Purchase and Sale, for a purported purchase of a property on East Hastings Street, Vancouver, B.C., for the purpose of obtaining deposit funds from J.R. and used those funds for a purpose not intended by J.R.;
  11. committed deceptive dealing in that he created transaction records, including a Contract of Purchase and Sale, for a purported purchase of a property on East 6th Street and applied deposit monies from 6490XX B.C. Ltd. which were intended for the purchase of a property on West 3rd Avenue, Vancouver, B.C., and used those funds for a purpose not intended by 6490XX B.C. Ltd.;
  12. committed deceptive dealing in that he permitted the brokerage to pay out trust funds to a transaction for which the funds were not deposited;
  13. contravened section 7(3)(a) of the Real Estate Services Act by providing real estate services separate from the brokerage, in relation to the purported purchase of a property on East Hastings Street, Vancouver, B.C., by J.R.;
  14. contravened section 7(3)(a) of the Real Estate Services Act by providing real estate services separate from the brokerage, in relation to the purported purchase of a property on Commercial Drive, Vancouver, B.C. by M.D.; and
  15. contravened section 3-3(1)(i) of the Council Rules in that he failed to act in the best interests of his clients and to take steps to avoid a conflict of interest.

Results

Smrat (Sam) Sharma was subject to an Order of a discipline committee that his licence be permanently cancelled. The cancellation of Mr. Sharma's licensing under the Real Estate Services Act was effective as of June 6, 2013, although his licence was surrendered to the Real Estate Council on May 7, 2012