Printed . This content is updated regularly, please refer back to https://bcfsa.ca to ensure that you are relying on the most up-to-date resources.
Consent Order
Consent Order
- Licensee
- Kelly Provencher, Kelly Lee Provencher
- Brokerage at Time of Sanctioned Activity
- Brendan Shaw Real Estate Ltd.
- Current Brokerage
- Brendan Shaw Real Estate Ltd, Kamloops
- Consent Order Date
- 21 January 2019
Summary
Ms. Provencher, while licensed with Royal LePage Westwin Realty, committed professional misconduct when acting as a buyer's agent in the purchase of a strata property in Kamloops. In particular she:
- failed to ensure the ownership of dogs was permitted at the property when she knew or ought to have known that this was an important feature for her client;
- advised her client that the pet restriction disclosure in the Property Disclosure Statement was a "standard clause" without doing any independent verification regarding the scope of the restriction;
- failed to advise her client to seek independent professional advice on the scope of the pet restriction disclosed in the Property Disclosure Statement; and
- failed to obtain a copy of the strata bylaws and rules which set out a pet restriction prohibiting dogs on the premises of the property.
Results
- Ms. Provencher's licence is suspended for fourteen (14) days, from March 6, 2019 to March 19, 2019, inclusive.
- Ms. Provencher must not act as an unlicensed assistant during the time of her licence suspension.
- Ms. Provencher must pay a discipline penalty to RECBC in the amount of $2,500.
- At her own expense, Ms. Provencher must register for and successfully complete the Real Estate Trading Services Remedial Education Course.
- Ms. Provencher must pay enforcement expenses to RECBC in the amount of $1,500.