Barbara Ann Monical, while licensed with RE/MAX Country Lakes Realty, represented a seller in the sale of a property. The buyers were independently represented. Upon the death of the seller prior to completion, the sale collapsed. Subsequently, Ms. Monical prepared a second Contract of Purchase and Sale, acting as a limited dual agent representing the new seller (the executor of the estate) and the same buyers. Ms. Monical did not clearly describe the representation she offered to the buyers, and did not ensure the buyers understood they were not represented by their previous licensee. Her actions contravened sections 5-10(a) and 3-3(f) of the Rules.
Ms. Monical arranged for the buyers to fill out required identification forms without meeting with them and verifying their identities. This was a failure to act with reasonable care and skill, contravening section 3-4 of the Rules.
A discipline committee of the Council has ordered the following:
- Ms. Monical’s licence is suspended for 30 days, from March 29, 2017 to April 28, 2017, inclusive.
- At her own expense, Ms. Monical must successfully complete the Real Estate Trading Services Remedial Education Course.
- Ms. Monical must pay enforcement expenses of $1,500.00 to the Council.
Full consent order is available as a PDF.