Satinderpal Singh Dhaliwal provided real estate services outside of his brokerage and received remuneration for those services. He also did not deal with a late deposit.
Mr. Dhaliwal provided real estate services to (or on behalf of) a real estate development company (the ‘developer’) in his capacity as Development Manager when he was in charge of land acquisition and assembly. This amounted to a “trade in real estate” under the Real Estate Services Act.
Mr. Dhaliwal did not disclose the nature of the representation he was providing to the developer, in that he held himself out as an employee when he was acting as a designated agent for the developer.
Mr. Dhaliwal did not keep his managing broker informed of the real estate services he was providing, and other activities he was performing for the developer.
In one transaction, Mr. Dhaliwal wrongly assumed that the developer received the buyer’s deposit in accordance with the contract, and sent confirmation of receipt to the buyer’s agent. He did not take further steps to confirm whether the deposit had been received until almost a year later, when it was discovered that the buyer’s bank draft was missing.
Mr. Dhaliwal did not notify his managing broker that a deposit was not received in accordance with the contract.
In its Decision and Order with Respect to Penalty, a discipline committee of the Council ordered the following:
- Mr. Dhaliwal’s licence is suspended for 21 days, from April 4, 2018 to April 24, 2018 inclusive.
- Mr. Dhaliwal is prohibited from acting as an unlicensed assistant during his licence suspension period.
- Mr. Dhaliwal must pay a discipline penalty of $6,000.00 to the Council.
- Mr. Dhaliwal must review with his managing broker what constitutes trading services and the nature and types of tasks that a licensee can only provide through their brokerage. He must submit a written confirmation from his managing broker of the review.
- Mr. Dhaliwal must submit a written acknowledgement of what he has learned as a result of this process of review.
- Mr. Dhaliwal must pay enforcement expenses of $3,000.00 to the Council.
Real Estate Services Act
- 35(1)(a) [Misconduct by licensee] Read more - will open in a new tab
- 7(3)(a) [Relationships between brokerages and other licensees] Read more - will open in a new tab
- 7(3)(b) [Relationships between brokerages and other licensees] Read more - will open in a new tab
Real Estate Rules
- 5-10(a) [Disclosure of representation and relationship in trading services] Read more
- 3-2(2) [Associate broker and representative responsibilities] Read more
- 3-3(a) [Duties to clients] Read more
- 3-4 [Duty to act honestly and with reasonable care and skill] Read more
- 3-2(2)(b) [Associate broker and representative responsibilities] Read more
Full consent order is available as a PDF.