A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Inderpal Singh Gill, and found that Mr. Gill committed professional misconduct while acting as the agent of Clients A and B in respect of a property in 2015 and early 2016, when he failed to:
- avoid a conflict of interest when he represented Client A as Client A’s designated agent under the 2015 Contracts, and then agreed to represent Client B in 2016 to assign her rights as buyer in the Assignments;
- promptly and fully disclose to Client A or to Client B the conflict of interest he had placed himself in when he agreed to provide agency to Client B;
- promptly disclose to Client A either his representation of Client B, or the Assignments by Client B, which was material information;
- act in the best interests of, only within the lawful instructions of, and/or within the authority given by either Clients A and B when he acted for both of them and sought to set aside the Contracts or proceed with the Assignments contrary to their respective instructions; and
- demonstrated incompetence when he:
- drafted the Contracts and the Assignments without specifying for whose benefit the condition precedent of municipal approval for subdivision was included;
- offered agency to both Clients A and B in these circumstances, particularly after his managing broker identified both the conflict and that a General Release had set aside the Assignments; and/or
- failed to identify any potential risks with the Assignee’s Agent using another licensee’s name on documents related to the transaction even though that other licensee was not involved in the transaction.
A discipline committee of the Council has ordered, and Mr. Gill has agreed to, the following penalties:
- a suspension of three (3) months (from September 4 to December 4, 2019, inclusive);
- no acting as an unlicensed assistant during the suspension period;
- a discipline penalty of $5,000;
- enforcement expenses of $1,500; and
- successful completion of the Real Estate Trading Services Remedial Education Course.
Real Estate Services Act
- 35(1)(a), (d) [Misconduct by licensee] Read more - will open in a new tab
Real Estate Rules
- 3-3(a), (b), (c), (f), (i), (j) [Duties to clients] Read more
Full consent order is available as a PDF.