Consent Order

Published on 22 January, 2020

Female lawyer reviewing documents
Licensee
James (Demitri) Zambus, James Demitri Zambus
Current brokerage
Homelife Benchmark Realty Corp., Surrey
Brokerage at time of sanctioned activity
Homelife Benchmark Realty Corp.
Consent Order date
December 11, 2019

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by James Demitri Zambus, and found that Mr. Zambus committed professional misconduct in relation to the purchase of a property when he:

  1. provided real estate services other than on behalf of the brokerage in relation to which he was licensed;
  2. accepted remuneration in relation to real estate services from persons other than the brokerage in relation to which he was licensed;
  3. failed to promptly pay or deliver to the brokerage all money held or received from, for or on behalf of a principal in relation to real estate services, when he collected 2 cheques from the buyer and delivered them directly to the seller;
  4. failed to disclose the remuneration in the amount of $10,000 he received from the seller;
  5. failed to keep his managing broker informed of the real estate services being provided and other activities being performed on behalf of the brokerage with respect to the property; and
  6. failed to deliver to the brokerage a copy of all substantive records of the real estate services being provided with respect to the property.

Results

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

  1. a suspension of 14 days (from January 29, 2020 to February 11, 2020, inclusive);
  2. prohibition from acting as an unlicensed assistant during the licence suspension period;
  3. a discipline penalty of $7,500;
  4. enforcement expenses of $1,500; and
  5. successful completion of the Real Estate Trading Services Remedial Education Course.

Contraventions

Real Estate Services Act

  • 7(3)(a) and (b) [Relationships between brokerages and other licensees] Read more
  • 27(1)(a) [Payment into trust account] Read more
  • 35(1)(a) [Misconduct by licensee] Read more

Real Estate Rules

  • 3-2(1) and 3-2(2) [Associate broker and representative responsibilities] Read more
  • 5-11 [Disclosure of remuneration] Read more