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
Issue: Wesley Eric Shew, associate broker, Sunrich Realty Ltd. dba Amex Sunrich Realty, Richmond, entered into a Consent Order with the Council that, while licensed as a managing broker with Amex Sunrich Realty, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he:
(a) contravened section 6(2)(c) of the Real Estate Services Act and sections 3-1(1)(a) and (b) and 3-1(3)(a) and (b) of the Council Rules, in that he failed to ensure that the brokerage maintained proper and up to date books, accounts and other records as required by section 25 of the Real Estate Services Act;
(b) as managing broker for the brokerage, particularly for the period between October 27, 2013 to May 31, 2014:
(i) contravened section 6(2)(b) and (c) of the Real Estate Services Act and section 3-1(1)(a) of the Council Rules in that he was not actively engaged in the management of his related brokerage as he was unaware that the other managing broker had suffered a stroke on October 27, 2013 and was away from the office of the brokerage, until the Council advised him of this fact on or about March 10, 2014; and
(ii) contravened sections 3-1(1)(b) and 3-1(3)(a) of the Council Rules by failing to ensure that the brokerage kept proper books, accounts and other records in accordance with section 25 of the Real Estate Services Act.
Result: Wesley Eric Shew was subject to an Order of a discipline committee that: (a) his managing broker’s licence be cancelled for a period of one year from June 5, 2015 to June 4, 2016, but he is immediately eligible to be licensed as an associate broker or representative; (b) as a condition of licensing as a managing broker, he must successfully complete and pass the Broker’s Licensing Course and Examination; (c) the Council must approve of the brokerage that he intends to become licensed with as a managing broker; (d) he may not be licensed as a managing broker with Sunrich Realty Ltd. dba Amex Sunrich Realty; and (d) he must pay enforcement expenses to the Council in the amount of $1,500.00.