Consent Order

A discipline committee of the Real Estate Council of British Columbia (the "Council") accepted the Consent Order Proposal submitted by Sunveer (Sunny) Ball, and found that Mr. Ball committed professional misconduct, when, in his capacity as the listing agent for the 2015 sale of a property, a new home built by an owner-builder, he failed to establish that the seller had complied with the provisions of the Homeowner Protection Act ("HPA"), in that,

1. prior to listing the property, he did not confirm that the seller had obtained a BC Housing Owner-Builder Disclosure Notice ("OBDN") that stated whether the property was built under an Owner Builder Authorization and whether the property was covered by a policy of home warranty insurance;
2. prior to an offer being made for the property, he did not ensure that the seller had, as they were required to do under section 21(2) of the HPA, provided the buyer with the OBDN, (which was not provided to the buyer until three months after the transaction completed);
3. he did not make inquiries of the seller (or elsewhere), when the seller answered "Do not know" to questions on the Property Disclosure Statement about whether the property was owner built and whether there was a policy of home warranty; and
4. he failed to advise the seller to seek independent professional advice with respect to his obligations under the HPA, and the conditions that must be met for selling the property.

Results

A discipline committee of the Council has ordered, and Mr. Ball has agreed to, the following penalties:

1. a reprimand;
2. a discipline penalty of $3,500;
3. enforcement expenses of $1,500; and
4. successful completion of the Homeowner Protection Act: Protect Your Sellers and Yourself course.