Consent Order

John Michael Wilchuk wrote an offer for a buyer and did not include a clause in the contract confirming that the seller was licensed under the Homeowner Protection Act and that the property was covered by home warranty insurance.

Mr. Wilchuk did not advise the buyer to obtain a copy of the new home warranty for the property before the removal of subjects, and of the ramifications of purchasing a property without the necessary warranty.

Mr. Wilchuk allowed the buyer to purchase the property despite the fact that the sale was not permissible under the Homeowner Protection Act and regulations.

Licensees have a duty to act in the best interests of their clients, and with reasonable care and skill. Mr. Wilchuk failed in his duties, contravening sections 3-3(a) and 3-4 of the Rules.

Mr. Wilchuk did not determine whether the property had a new home warranty. Licensees must use reasonable efforts to discover relevant facts respecting any real estate that their clients consider acquiring. Mr. Wilchuk failed in his duties to his clients, contravening section 3-3(h) of the Rules.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Wilchuk is reprimanded.
2. At his own expense, Mr. Wilchuk must successfully complete the Real Estate Trading Services Remedial Education Course.
3. Mr. Wilchuk must pay enforcement expenses of $1,500.00 to the Council.