Consent Order

Published on 20 December, 2019

Female lawyer reviewing documents
Licensee
Karamvir (KAM) Pawar, Karamvir (Kam) Pawar
Current brokerage
RE/MAX Performance Realty, Delta
Brokerage at time of sanctioned activity
RE/MAX Performance Realty
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 Karamvir (Kam) Pawar (“Mr. Pawar”) and Kam Pawar Personal Real Estate Corporation (“KP Personal Real Estate Corporation”), and found that Mr. Pawar and KP Personal Real Estate Corporation committed professional misconduct while providing real estate services in 2015 for a property when they:

  1. failed to take sufficient care to ensure they were dealing with either all the registered owners of the property or a person who had the legal authority to sell the property;
  2. knew a Trustee was a registered owner of the property and they prepared each of a Putative Contract, Listing Agreement and Fee Agreement without any notice to the Trustee and without requiring the Half-Owner to provide any confirmation that they had the authority to exclusively sell the property;
  3. prepared the Listing Agreement to preserve their commission when those documents did not reflect, in the Listing Agreement, any actual agency offered to the sellers of the property; and had the potential to confuse any party to a trade in the property about representation and create defects in the Brokerage’s records;
  4. preferred the interests of one known seller (the Half-Owner) to another (the Trustee) in the Putative Contract as to its terms, and in particular the deposit, and with respect to providing any disclosure of not representing the seller(s) in trading services; and
  5. failed to make payment of the deposit, which was paid directly to the Half-Owner, conditional on evidence of the Half-Owner’s authority to sell the property and/or all the registered owners’ consent to the Putative Contract.

Results

A discipline committee of the Council has ordered, and Mr. Pawar and KP Personal Real Estate Corporation have agreed to, the following penalties:

  1. a suspension of 21 days (from January 29, 2020 to February 18, 2020, inclusive);
  2. prohibition from acting as an unlicensed assistant during the suspension period;
  3. a discipline penalty of $5,000;
  4. enforcement expenses of $1,500;
  5. successful completion of the Electronic Title Searching course; and
  6. successful completion of the Ethics: Unlocking the REALTOR® Code course.

Contraventions

Real Estate Services Act

Real Estate Rules

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