Consent Order

Published on 19 February, 2020

Female lawyer reviewing documents
Licensee
Dale Shortt, Dale Richard Shortt
Current brokerage
Island Pacific Realty Ltd., Nanaimo
Brokerage at time of sanctioned activity
Island Pacific Realty Ltd.
Consent Order date
January 21, 2020

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Dale Richard Shortt and found that Mr. Shortt committed professional misconduct when he:

  1. signed or affixed his estranged spouse’s signature to a multiple listing contract dated May 6, 2013 without her knowledge or consent;
  2. signed or affixed his estranged spouse’s signature to an Irrevocable Direction to Pay document dated January 2, 2014 without her knowledge or consent;
  3. while acting as limited dual agent for the purchase and sale of properties located at XXX Selby Street and XXX Fitzwilliam Street, in Nanaimo, BC, pursuant to contracts for purchase and sale dated May 12, 2014, took a $20,000 loan from his client, the seller, and later restructured this loan as a commission advance, and:
    1. the $20,000 payment was made by way of a certified cheque made out in Mr. Shortt’s name rather than being made through his brokerage;
    2. he failed to advise his brokerage of the $20,000 loan, or the restructuring the loan as a commission advance; and
    3. he failed to deliver the $20,000 cheque to his brokerage and deposit it into the brokerage trust account, and instead reduced the commission owing by $20,000;
    4. he provided property management services to a client when he was not licensed to provide property management services;
    5. he provided property management services to a client outside of his brokerage;
    6. he received remuneration by way of a cheque dated November 1, 2015 for providing property management services outside of his brokerage;
    7. he failed to keep his managing broker informed of real estate services he was providing; and
    8. when acting as listing agent in relation to properties located at XXX Nicol Street, Nanaimo, BC (the “Nicol Property”) and XX Robarts Street, Nanaimo, BC (the “Robarts Property”) he submitted to his brokerage an unconditional release form for the Robarts Property listing signed by the owner of the Nicol Property instead of by the owner of the Robarts Property.

Results

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

  1. a suspension of six (6) months from March 11, 2020 to September 10, 2020, inclusive
  2. a discipline penalty of $5,000.00;
  3. enforcement expenses of $6,000.00;
  4. successful completion of the Real Estate Trading Services Remedial Education Course; and
  5. successful completion of the REIC 2600 Ethics in Business Practice Course

Contraventions

Real Estate Services Act

Real Estate Rules

  • 3(1)(a) [Managing broker responsibilities] Read more
  • 3-2(2)(a) [Associate broker and representative responsibilities] Read more
  • 3-4 [Duty to act honestly and with reasonable care and skill] Read more
  • 5-1(1)(b) [Written service agreements required in some cases] Read more
  • 5-3(1) [Signing agreements on behalf of clients] Read more
  • 7(3)(a) and (b) [Requirement to notify savings institution of pooled trust accounts] Read more