Consent Order

A discipline committee of the Real Estate Council of British Columbia (the "Council") accepted the Consent Order Proposal submitted by Little Oak Realty Ltd. dba RE/MAX Little Oak Realty, and found that Little Oak Realty Ltd. dba RE/MAX Little Oak Realty committed professional misconduct when it:

1. provided real estate services by a person and entity that was not licensed to the brokerage;
2. paid remuneration provided to a person and entity for providing such services;
3. regarding the Property Management Trust Accounts, failed: to disclose those Accounts in its 2014 Accountant's Report, to prepare and retain the records, to provide written notice of a
4. pooled trust account and a beneficiaries list to the bank where the Accounts were held, and to ensure that banking documents included the indication that they were trust accounts; and
5. failed to ensure that all records required to be held by the brokerage were available for inspection.

A discipline committee of the Real Estate Council of British Columbia (the "Council") accepted the Consent Order Proposal submitted by David James Rishel, and found that David James Rishel committed professional misconduct when he:

1. permitted Little Oak to provide real estate services through a person or entity that was not licensed to provide such services, and to pay them remuneration for such services;
2. failed to ensure that:
3. the rental property management service agreements employed by Little Oak contained the content required by section 4-5(1) and/or (2) of the Rules; and,
4. Little Oak maintained copies of the tenancy agreements and other documentation required to be retained regarding the provision of rental property management services;
5. permitted real estate services to be advertised or provided through a personal office;
6. failed to ensure that Little Oak complied with the accounting provisions of RESA and the Rules in that it committed the violations set out in paragraph 1 above; and
7. failed to ensure that the business of the brokerage was carried out competently and in accordance with RESA and the Regulations, Rules and/or Bylaws.

Results

A discipline committee of the Council has ordered, and and Little Oak Realty Ltd. dba RE/MAX Little Oak Realty and David James Rishel have agreed to, the following penalties:

1. a discipline penalty of $7,500 for Mr. Rishel;
2. a discipline penalty of $7,500 for Little Oak Realty Ltd. dba RE/MAX Little Oak Realty;
3. enforcement expenses of $1,500, jointly and severally liable; and
4. successful completion of the Broker's Remedial Education Course by Mr. Rishel.