Consent Order

Published on 25 October, 2018

Women reading notebook with computer
Licensee
Richard Hamer-Jackson
Current brokerage
RE/MAX Kelowna
Brokerage at time of sanctioned activity
RE/MAX Kelowna
Consent Order date
September 14, 2018

Summary

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.

Results

A discipline committee of the Council has ordered the following:

  1. Mr. Hamer-Jackson is reprimanded and must pay a discipline penalty of $5,000 to the Council.
  2. Mr. Hamer-Jackson must pay enforcement expenses of $1,500 to the Council.
  3. 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.

Contraventions

Real Estate Services Act

Real Estate Rules

  • 3-4 [Duty to act with reasonable care and skill] Read more