Consent Order

Published on
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Licensee
Sheryl (Sherry) Hart, Sheryl (Sherry) Diane Hart
Brokerage at Time of Sanctioned Activity
Royal LePage Fort Nelson Realty
Current Brokerage
Royal LePage Fort Nelson Realty, Fort Nelson
Consent Order Date

Summary

During an Office and Records inspection of Royal LePage Fort Nelson Realty, Council auditors observed that an inspection report had been signed by an unlicensed assistant, and that there were negative balances in brokerage trust accounts.

Royal LePage Fort Nelson Realty allowed client trust ledgers to remain in an overdraft position, failed to notify the Council of the resulting negative balances in brokerage trust accounts within the required time frame, and failed to take steps to eliminate the negative balances.

This contravened sections 7(5)(2) and 7(5)(3) of the Rules and section 25 of the Real Estate Services Act.

Sheryl (Sherry) Diane Hart permitted client trust ledgers to remain in an overdraft position, failed to notify the Council of the resulting negative balances in brokerage trust accounts within the required time frame, and failed to take steps to eliminate the negative balances. Ms. Hart failed to ensure that there was an adequate level of supervision for an unlicensed employee.

Her actions contravened sections 3-1(1)(a) and 3-1(1)(c) of the Rules, which require managing brokers to be actively engaged in the management of their related brokerage, and to ensure adequate supervision of licensees and brokerage employees.

Results

A discipline committee of the Council has ordered the following:

  1. Ms. Hart is reprimanded, and must pay a discipline penalty of $2,500.00 to the Council.
  2. Royal LePage Fort Nelson Realty is reprimanded, and must pay a discipline penalty of $1,000.00 to the Council.
  3. Ms. Hart and Royal LePage Fort Nelson Realty are jointly and severally liable to pay enforcement expenses of $1,500.00 to the Council.

PDF Files

Consent Order

Full consent order is available as a PDF.

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