Consent Order

Published on 9 October, 2019

Women reading notebook with computer
Licensee
Harjit Heir
Current brokerage
Century 21 Coast Realty Ltd.
Brokerage at time of sanctioned activity
OMAX Realty Ltd. (Sur)
Consent Order date
September 18, 2019

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Harjit Singh Heir and Harjit Heir Personal Real Estate Corporation, and found that they committed professional misconduct, when, in Mr. Heir’s capacity as the buyer’s agent in the purchase of a property, a new home built by an owner-builder (the “Property”), he failed to take steps, if at all, to ascertain that the seller had complied with the provisions of the Homeowner Protection Act (“HPA”), and meet the conditions for selling the Property, when:

  1. prior to the buyer making an offer on the Property, he did not ensure that the buyer had received a copy of a BC Housing Owner-Builder Disclosure Notice (“OBDN”) from the seller, as was required by section 21(2) of the HPA, 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; and
  2. he failed to advise the buyer to seek independent professional advice about:
    1. removing a subject-to clause which stated that the Property Disclosure Statement would not be incorporated into the contract of purchase and sale; and
    2. purchasing the Property:
      1. without the OBDN; and
      2. with unauthorized accommodations.

Results

A discipline committee of the Council has ordered, and Harjit Singh Heir and Harjit Heir Personal Real Estate Corporation have agreed to, the following penalties:

  1. a discipline penalty of $3,500;
  2. enforcement expenses of $1,500; and
  3. successful completion of the Homeowner Protection Act: Protect Your Sellers and Yourself course.

Contraventions

Real Estate Services Act

Real Estate Rules

  • 3-3(a), (d), (h) [Duties to clients] Read more
  • 3-4 [Duty to act honestly with reasonable care and skill] Read more