Consent Order

Published on 16 December, 2020

Female lawyer reviewing documents
Licensee
Michael Tod (Mike) Garman, Scott Eric Garman
Current brokerage
Engel & Volkers Vancouver Island , Victoria
Brokerage at time of sanctioned activity
Sotheby’s International Realty Canada
Consent Order date
December 1, 2020

Summary

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

    1. in the circumstances of the buyer’s offer to purchase a property with a term requiring vacant possession, and knowing that the tenants of the property wished to remain as tenants, and failing to clarify or confirm the buyer’s intended use of the property, she:
      1. failed to properly advise the sellers on the risks associated with agreeing to a contractual term of vacant possession, namely failing to advise how the existing tenancy could affect their ability to provide vacant possession; and/or
      2. failed to advise the sellers to seek independent professional advice on the contractual term of vacant possession; and
    2. she failed to advise the sellers to seek independent professional advice respecting a Notice to End Tenancy to serve on their tenants.

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Michael Tod (Mike) Garman (“Mr. M Garman”), and found that he committed professional misconduct when:

  1. in the circumstances of the buyer’s offer to purchase a property with a term requiring vacant possession, and knowing that the tenants of the property wished to remain as tenants, and failing to clarify or confirm the buyer’s intended use of the property, he:
      1. failed to properly advise the sellers on the risks associated with agreeing to a contractual term of vacant possession, namely failing to advise how the existing tenancy could affect their ability to provide vacant possession; and/or
      2. failed to advise the sellers to seek independent professional advice on the contractual term of vacant possession; and
  2. he failed to advise the sellers to seek independent professional advice respecting a Notice to End Tenancy to serve on their tenants.

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Scott Eric Garman (“Mr. S Garman”), and found that he committed professional misconduct when :

  1. in the circumstances of the buyer’s offer to purchase a property with a term requiring vacant possession, and knowing that the tenants of the property wished to remain as tenants, and failing to clarify or confirm the buyer’s intended use of the property, he:
      1. failed to properly advise the sellers on the risks associated with agreeing to a contractual term of vacant possession, namely failing to advise how the existing tenancy could affect their ability to provide vacant possession; and/or
      2. failed to advise the sellers to seek independent professional advice on the contractual term of vacant possession;
  2. he advised the sellers to serve the tenants with a Notice to End Tenancy stating the buyer intended to occupy the property when he had failed to clarify or confirm the buyer’s intended use of the property; and
  3. he suggested that the buyer prepare, for submission to the Residential Tenancy Branch to support the Notice to End Tenancy, a back-dated letter stating the buyer intended to occupy the property upon completion.

Results

A discipline committee of the Council has ordered, and Ms. Harrison, Mr. G Garman and Mr. S Garman have agreed to, the following penalties:

  1. Mr. S Garman’s license be suspended for 14 days (from January 6, 2021 to January 19, 2021, inclusive);
  2. Ms. Harrison pay a discipline penalty of $2,500;
  3. Mr. M Garman pay a discipline penalty of $2,500;
  4. Mr. M Garman successfully complete the Real Estate Trading Services Remedial Education Course;
  5. Mr. S Garman pay a discipline penalty of $5,000;
  6. Mr. S Garman successfully complete the Real Estate Trading Services Remedial Education Course and REIC2600 Ethics in Business Practice Course; and
  7. Ms. Harrison, Mr. G Garman and Mr. S Garman each pay enforcement expenses of $1,000.

Contraventions

Real Estate Services Act

  • 35(1)(a) and (2) [Misconduct by licensee] Read more

Real Estate Rules

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