Consent Order

Daileen Courtenay Falk told sellers who were already represented by another licensee that if they listed their property with her brokerage, she could sell their property faster. She did not provide the sellers with a written, signed statement clearly setting out the details of her representation. Her actions contravened section 5-6(2) of the Rules.

Ms. Falk then provided real estate services to the sellers when she knew (or ought to have known) that they were already represented by another licensee. She did not ensure that the listing contract the sellers had with their licensee was cancelled or expired.

Licensees are required to act honestly and with reasonable care and skill. Ms. Falk's actions contravened section 3-4 of the Council Rules.

Results

A discipline committee of the Council has ordered the following:

1. Ms. Falk is reprimanded and must pay a discipline penalty of $2,500.00 to the Council.
2. Ms. Falk must pay enforcement expenses of $1,500.00 to the Council.
3. At her own expense, Ms. Falk must successfully complete the Real Estate Trading Services Remedial Education Course.
4. Following reinstatement of her license, Ms. Falk must be under the enhanced direct supervision of a managing broker for a period of not less that one year, as more particularly described in the terms of the Enhanced Supervision Condition form a part of any Order made pursuant to section 41 of the RESA.