Consent Order

Published on 24 July, 2019

Female lawyer reviewing documents
Licensee
Keith Setter, Keith Setter
Current brokerage
RE/MAX Treeland Realty, Langley
Brokerage at time of sanctioned activity
RE/MAX Treeland Realty
Consent Order date
July 17, 2019

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Keith Setter and Pamela Raye Stadnik, and found that Mr. Setter and Ms. Stadnik committed professional misconduct when:

  1. Mr. Setter while acting as the agent for the buyers of a property located in the Township of Langley in 2013, failed to:
    1. investigate sufficiently, or at all, the condition of the property and recent renovations and repair, when he knew or ought to have known work had recently been done to the property, and the renovated condition was important to his clients;
    2. investigate or confirm whether work had been done on the property with municipal permits, when he knew or should have known that was a potential issue as a covered porch had been completed without a permit;
    3. make reasonable enquiries about the legal notation on the property’s title regarding a Bylaw Contravention Notice, or other charges, liens and interests;

      and, when he:

    4. relied on verbal assurances from the seller’s agents about repairs to the property and the Bylaw charge on the title, alone.
  2. Ms. Stadnik while acting as the agent for the buyers of a property located in the Township of Langley in 2013, failed to:
    1. investigate sufficiently, or at all, the condition of the property and recent renovations and repair, when she knew or ought to have known work had recently been done to the property, and the renovated condition was important to her clients;
    2. investigate or confirm whether work had been done on the property with municipal permits, when she knew or should have known that was a potential issue as a covered porch had been completed without a permit;
    3. make reasonable enquiries about the legal notation on the property’s title regarding a Bylaw Contravention Notice, or other charges, liens and interests;

      and, when she:

    4. relied on verbal assurances from the seller’s agents about repairs to the property and the Bylaw charge on the title, alone.

Results

A discipline committee of the Council has ordered, and Mr. Setter and Ms. Stadnik have agreed to, the following penalties:

  1. Mr. Setter pay a discipline penalty of $3,000;
  2. Ms. Stadnik pay a discipline penalty of $4,500;
  3. Mr. Setter and Ms. Stadnik jointly and severally pay enforcement expenses of $1,500; and
  4. Mr. Setter and Ms. Stadnik each successfully complete the Real Estate Trading Services Remedial Education Course.

Contraventions

Real Estate Services Act

Real Estate Rules

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