Mr. Hamer-Jackson committed professional misconduct, while acting as a listing agent for a property in West Kelowna. Although he knew, or ought to have known, there was a defect in the water supply to the property, he did not:
- take any steps or, in the alternative, took insufficient steps to determine the nature of the defect and to ensure it was either repaired or disclosed in a timely and sufficient manner to prospective buyers; and
- advise the sellers to amend their Property Disclosure Statement to reflect the existence of the defect.
A discipline committee of the Council has ordered the following:
- Mr. Hamer-Jackson is reprimanded and must pay a discipline penalty of $5,000 to the Council.
- Mr. Hamer-Jackson must pay enforcement expenses of $1,500 to the Council.
- At his own expense, Mr. Hamer-Jackson must successfully complete the Real Estate Trading Services Remedial Education Course.
As Mr. Hamer-Jackson has a personal real estate corporation, the licence of Rick Hamer-Jackson Personal Real Estate Corporation is also reprimanded and equally responsible for paying the discipline penalty and enforcement expenses.
Real Estate Services Act
- 35(1)(a) [Misconduct by licensee] Read more - will open in a new tab
Real Estate Rules
- 3-4 [Duty to act with reasonable care and skill] Read more
Full consent order is available as a PDF.