Consent Order

David Scott Piercy, while licensed with Sotheby's International Realty Canada (Victoria Branch Office), was acting for a client in the sale of a property in Victoria. Mr. Piercy suggested that the owner rent the property while it was listed for sale. Mr. Piercy then proceeded to provide rental property management services for the client's property although he was not licensed to do so. His actions contravened section 3(1)(a) of the Real Estate Services Act.

Mr. Piercy provided real estate services other than on behalf of the brokerage to which he was licensed when he provided rental property management services to his client. This contravened section 7(3)(a) of the Real Estate Services Act.

Mr. Piercy accepted remuneration directly from his client for rental property management services, not through the brokerage to which he was licensed. This contravened 7(3)(b) of the Real Estate Services Act.

Mr. Piercy failed to keep his managing broker informed of the real estate services he provided to his client on behalf of the brokerage. This contravened section 3-2(b) of the Council Rules.

Mr. Piercy did not follow through with the agreement with his client to continue to show the property to potential buyers after tenants moved in. Mr. Piercy failed to act in his client's best interest, and in accordance with the lawful instructions of his client. His actions contravened sections 3-3(a) and 3-3(b) of the Council Rules.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Piercy is reprimanded.
2. Mr. Piercy must pay a discipline penalty of $5,000.00 to the Council.
3. At his own expense, Mr. Piercy must successfully complete the Real Estate Trading Services Remedial Education course.
4. Mr. Piercy must pay enforcement expenses of $1,500.00 to the Council.

As Mr. Piercy has a personal real estate corporation, Scott Piercy Personal Real Estate Corporation is equally responsible for the payment of the enforcement expenses and discipline penalty.