Consent Order

The Council conducted an Office and Records Inspection of Advanced Property Management Inc., Courtenay, which identified the following contraventions of the Real Estate Services Act and Council Rules by Lorraine Susan Fugle, managing broker, and by Advanced Property Management Inc.:

• In February, 2015, Ms. Fugle published or permitted to be published on the Advanced website information that stated an individual was licensed at Advanced who in fact had transferred to another brokerage a month earlier. She also published or permitted to be published information that stated that three individuals at the brokerage were "currently preparing to write the examination for property management" when in fact none of the individuals was preparing to write the examination. By failing to use reasonable care and skill and publishing advertising that she knew contained a false statement concerning the provision of real estate services, Ms. Fugle contravened sections 3-4 and 4-7 of the Council Rules.
• Ms. Fugle failed to ensure that business of the brokerage was carried out in accordance with the Real Estate Services Act and Council Rules when she allowed two unlicensed assistants at the brokerage to perform rental property services by signing Move-in Inspection Reports. Ms. Fugle contravened section 6(2) of the Real Estate Services Act and section 3-1(1) of the Council Rules. By permitting unlicensed persons to provide real estate services, Advanced contravened section 7(5)(a) of the Real Estate Services Act.
• Ms. Fugle did not ensure that the brokerage's service agreements for rental property management and strata management contained the necessary provisions concerning the records to be kept by the brokerage. This contravened sections 5-1(5)(e) and 5-1(5.1)(e) of the Council Rules.
• Two of the three signatories to the brokerage's trust accounts did not qualify as signatories under section 7-9(6) of the Council Rules.
• In September 2014, a monthly contingency transfer from the operating trust account to the contingency trust account was not made within seven days following the end of the month. By failing to transfer moneys in a timely fashion, the brokerage contravened section 7-9(4) of the Council Rules. By failing to ensure that the brokerage complied with section 7-9(4) of the Council Rules, Ms. Fugle contravened section 6(2) of the Real Estate Services Act.

Results

A discipline committee of the Council has ordered the following:

1. Lorraine Susan Fugle is reprimanded.
2. Advanced Property Management Inc. is reprimanded.
3. Lorraine Susan Fugle and Advanced Property Management Inc. must pay a discipline penalty of $2,500.00 to the Council.
4. Lorraine Susan Fugle and Advanced Property Management Inc. must pay $1,500.00 in enforcement expenses to the Council.