Consent Order

Published on 19 June, 2019

Female lawyer reviewing documents
Licensee
Lawrence Engelsman, Lawrence Samuel John Engelsman
Current brokerage
Sutton Showplace Realty (2015), Chilliwack
Brokerage at time of sanctioned activity
Sutton Showplace Realty (2015)
Consent Order date
May 29, 2019

Summary

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Lawrence Samuel John Engelsman (“Mr. Engelsman”), and found that Mr. Engelsman committed professional misconduct when:

  1. in his capacity as the listing agent for the seller, S.M., in the sale of a property located on Humphrey Road, Agassiz (“the Property”) in 2014, he:
    1. entered into the Loan agreement with S.M. so that she could complete construction on the Property, but failed to:

      1. document the terms of the Loan;

      2. to discuss with S.M. the potential for a conflict of interest, in that Mr. Engelsman would be deriving a benefit by way of interest payable on the Loan and commission payable on the sale of the Property; and

      3. advise S.M. to seek independent legal advice with respect to the Loan, the promissory note and second mortgage that was to be registered against the Property; and
    2. failed to provide a copy of the executed Multiple Listing Contract directly to S.M.

Results

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

  1. a reprimand;
  2. a discipline penalty of $5,000;
  3. enforcement expenses of $1,500; and
  4. successful completion of the Real Estate Trading Services Remedial Education Course.

Contraventions

Real Estate Services Act

Real Estate Rules

  • 3-3 [Duties to clients] Read more
  • 3-4 [Duty to act honestly and with reasonable care and skill] Read more
  • 5-2 [Delivery of written agreements to clients] Read more