Consent Order

Published on 16 December, 2020

Female lawyer reviewing documents
Brokerage at time of sanctioned activity
Prudential Kelowna Properties and RE/MAX Kelowna
Consent Order date
November 19, 2020

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Irka Oksanna Gasser, and found that Ms. Gasser committed professional misconduct when she:

  1. failed to act in the best interests of her clients (the “Buyers”) and failed to act honestly and with reasonable care and skill, when she failed to advise the Buyers to include financing subjects in a contract of purchase and sale when she knew or ought to have known that the Buyers’ ability to finance and complete the transaction was dependent on receiving the proceeds from the sale of another property;
  2. failed to advise the Buyers to seek independent professional advice before proceeding with a subject-free offer;
  3. provided a $10,000 loan to the Buyers (the “Loan”) to enable them to purchase the property and failed to promptly and fully disclose to the Buyers that there was a conflict of interest in doing so; and
  4. failed to advise the Buyers to seek independent professional advice with respect to the Loan.

Results

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

Ms. Gasser be prohibited from applying for licensure with the Council until she has

  1. paid a discipline penalty of $5,000;
  2. paid enforcement expenses of $1,500;
  3. successfully complete the Real Estate Trading Services Remedial Education; and
  4. successfully complete the REIC2600 Ethics in Business Practice course.

Should Ms. Gasser apply for licensure with the Council and be issued a licence, Ms. Gasser’s licence shall include a condition requiring enhanced supervision by a managing broker for a period of not less than twelve (12) months following the end of her licence suspension period.

Contraventions

Real Estate Services Act

Real Estate Rules

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