Consent Order

Published on
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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:

  1. 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;
  2. 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;
  3. failed to advise her client to seek independent professional advice on the scope of the pet restriction disclosed in the Property Disclosure Statement; and
  4. 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

  1. Ms. Provencher's licence is suspended for fourteen (14) days, from March 6, 2019 to March 19, 2019, inclusive.
  2. Ms. Provencher must not act as an unlicensed assistant during the time of her licence suspension.
  3. Ms. Provencher must pay a discipline penalty to RECBC in the amount of $2,500.
  4. At her own expense, Ms. Provencher must register for and successfully complete the Real Estate Trading Services Remedial Education Course.
  5. Ms. Provencher must pay enforcement expenses to RECBC in the amount of $1,500.

PDF Files

Consent Order

Full consent order is available as a PDF.

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