Consent Order

Mr. Giesbrecht committed professional misconduct in that, when licensed as managing broker he:

1. failed to be responsible for the control and conduct of the brokerage when he permitted another licensee at the brokerage to provide rental property management services through an unlicensed entity, and to accept remuneration for those services from a person other than the brokerage;
2. failed to take reasonable steps to deal with the matter, when he knew or ought to have known that the licensee was providing the services in a manner that might constitute professional misconduct; and
3. failed to be actively engaged in the management of the brokerage when he:
4. allowed the licensee to provide the service through an unlicensed entity;
5. allowed the licensee to accept payment for the services from a person other than the brokerage;
6. failed to require the licensee to promptly pay or deliver to the brokerage all money held or received by the licensee, directly or through the unlicensed entity, from, for, or on behalf of a principal in relation to the services;
7. failed to require the licensee to promptly pay or deliver to the brokerage all money held or received by the licensee, whether directly or through the unlicensed entity, on account of payment for the services; and
8. failed to require the licensee to promptly provide to him the original or a copy of all records referred to in section 8-6 of the Rules in relation to the services.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Giesbrecht is reprimanded and must pay a discipline penalty of $5,000 to the Council.
2. Mr. Giesbrecht must pay enforcement expenses of $1,500 to the Council.
3. At his own expense, Mr. Giesbrecht must complete the Broker's Remedial Education Course.

As Mr. Giesbrecht has a personal real estate corporation, the licence of Dwayne Giesbrecht Personal Real Estate Corporation is also reprimanded and equally responsible for paying the discipline penalty and enforcement expenses.