Consent Order

A discipline committee of the Real Estate Council of British Columbia (the "Council") accepted the Consent Order Proposal submitted by Surinderpal Singh Toor, and found that Mr. Toor committed professional misconduct when he:

1. while representing the seller, failed to:
   1. ensure that the seller had complied with the provisions of the Homeowner Protection Act ("HPA") and met the conditions for selling the Property, prior to listing the Property;
   2. make sufficient or any enquiries of the seller or with the BC Housing-New Homes Registry (the "Registry") to confirm the accuracy of the documents he had received from the seller, which purported to indicate that the Property had been properly registered with the Registry, and that the seller had obtained an occupancy permit;
   3. comply with your brokerage's policy on HPA requirements, and/or to follow the direction of his managing broker to ensure that the seller complied with those requirements prior to listing a property for sale;
   4. ensure that prior to an offer being made for the Property, the seller had, as required under section 21(2) of the HPA , provided the buyer with a BC Housing Owner Builder Disclosure Notice that stated whether the Property was built under an Owner Builder Authorization and whether the Property was covered by a policy of home warranty insurance ("Disclosure Notice");
   5. ensure that the seller provided the Disclosure Notice in the time period required under the HPA; and
   6. advise the seller to seek independent professional advice with respect to his obligations under the HPA and the conditions that must be met.
2. while representing the buyer, failed to:
   1. take sufficient or any steps to ascertain whether the seller had complied with the provisions of the HPA;
   2. ensure that the buyer received a copy of the Disclosure Notice, as required by section 21(2) of the HPA, prior to the buyer making an offer on the Property;
   3. include a term in the contract of purchase and sale that indicated that the Disclosure Notice had been provided to the buyer;
   4. ensure that the buyer received the Disclosure Notice in the time period required by the HPA; and
   5. advise the buyer to seek independent professional advice with respect to his purchase of an owner-built home, and the seller's requirements and the conditions that must be met under the HPA;
3. while representing the buyer and seller:
   1. failed to advise either about the potential for a conflict of interest;
   2. failed to take reasonable steps to avoid a conflict of interest; and
   3. acted in a conflict of interest when he engaged in the conduct set out above in 1) and 2).

Results

A discipline committee of the Council has ordered, and Mr. Toor has agreed to, the following penalties:

1. a discipline penalty of $3,500;
2. enforcement expenses of $1,500; and
3. successful completion of the Real Estate Trading Services Remedial Education Course.