Consent Order

Published on 7 October, 2020

Female lawyer reviewing documents
Licensee
Geoffrey (Geoff) Hays, Krista Marble
Current brokerage
Royal LePage Kelowna
Brokerage at time of sanctioned activity
Royal LePage Kelowna
Consent Order date
August 14, 2020

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Geoffrey Weston Hays (“Mr. Hays”), on his own behalf and on behalf of Geoff Hays Personal Real Estate Corporation (“GH Personal Real Estate Corporation”), and Krista Lee Marble (“Ms. Marble”) and found that Mr. Hays, GH Personal Real Estate Corporation and Ms. Marble committed professional misconduct when they:

  1. failed to take sufficient care to ensure they were dealing with either all the registered owners of a property or a person who had the legal authority to sell the property;
  2. failed to recommend that Seller A obtain independent legal advice about using a power of attorney that was several years old in order to transact in the property on behalf of Seller B;
  3. failed to promptly provide to their managing broker a copy of all contracts (and related documents) for the acquisition and disposition of the property when they waited until April 4, 2018 to turn in the March 27, 2018 document confirming subject removal in respect of the contract; and
  4. failed to keep their managing broker informed of the real estate services they were providing when they did not promptly advise their managing broker upon learning that the power of attorney may not be valid to complete a trade in the property.

Results

A discipline committee of the Council has ordered, and Mr. Hays, GH Personal Real Estate Corporation and Ms. Marble have agreed to, the following penalties:

  1. jointly and severally liable to pay a discipline penalty to the Council in the amount of $20,000;
  2. jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,500; and
  3. each successfully complete the Real Estate Trading Services Remedial Education Course.

Contraventions

Real Estate Services Act

Real Estate Rules