REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Date of Consent Order: June 16, 2015
Issue: Sukhwinder Kaur Gill, representative, OMAX Realty Ltd. dba Omaxwell Realty, Surrey, entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening sections 3-4 and 3-3(1)(a) of the Council Rules when she:
(a) failed to ensure that the Contract of Purchase and Sale in respect of the property dated May 30, 2013 included a term ensuring that the seller would give legal notice to the tenant to vacate the property, provided the seller received the appropriate written request from the buyer to give such notice in accordance with the requirements of section 49 of the Residential Tenancy Act, and failed to ensure that the details of the tenancy were included in Section 5 of the contract;
(b) failed to ensure that the buyer gave the seller a written request for vacant possession as required by section 49 of the Residential Tenancy Act; and
(c) contravened section 5-11(1) of the Council Rules in that she failed to promptly disclose to the buyer the amount of remuneration she expected to receive from the purchase of the property.
Result: Sukhwinder Kaur Gill was subject to an Order of a discipline committee that she: (a) be suspended for seven days from July 22, 2015 to July 28, 2015, inclusive; (b) at her own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course; and (c) pay enforcement expenses to the Council in the amount of $1,250.00.