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Hearing Panel Decision Case Summaries

John William Wade – Hearing Panel Decision – Phase 2: Decision on Sanction and Costs

Real estate associate registered at the time of conduct with 4th Street Holdings Ltd. o/a Re/Max Real Estate (Central). Currently registered with Irealty Calgary Inc. o/a Re/Max IRealty Innovations.

On August 11, 2021, a Hearing Panel concluded a Phase 2 hearing and made a decision on sanctions and costs after a Phase 1 hearing confirmed Administrative Penalties levied against Mr. Wade, who was appealing these penalties.

Outcome: In the Phase 1 Hearing, the Hearing Panel found that:

  • Wade breached s.17(a) of the Real Estate Act by trading in real estate while unauthorized
  • Wade breached obligations under s.41(e) of the Real Estate Act Rules by:
    • Failing to disclose his unlicensed status when communicating with the buyer clients after the brokerage terminated Wade’s employment.
    • Failing to ensure the buyer clients understood when Wade was registered with a different brokerage.
  • Wade breached obligations under s.41(d) of the Real Estate Act Rules by:
    • Failing to advise the buyer clients that Wade was no longer licensed to represent their interests.
    • Asking the buyer clients to sign an Exclusive Buyers Representation Agreement with Re/Max Complete Realty without advising them that it was with a different brokerage and that they still had a similar agreement with an overlapping term with Re/Max Real Estate (Central)

In Phase 1, the Hearing Panel confirmed or varied the Administrative Penalty amounts being appealed as follows:

  • Confirmation of fines in the amount of $5,000 for the breach of s.17(a) of the Real Estate Act.
  • A variance in fines to $1,500 for the breach of s.41(d) of the Real Estate Act Rules.
  • A variance in fines to $500 for the breach of s.41(e) of the Real Estate Act Rules.
  • Costs in the amount of $2,500

On August 11, 2021 the Hearing Panel considered submissions on whether they should quash, vary, or confirm the administrative penalties ordered in the Phase 1 Hearing. In the Phase 2 Hearing, the Hearing Panel has now ordered:

  • Confirmation of fines in the amount of $5,000 for breach of s.17(a) of the Real Estate Act.
  • Confirmation of fines to the amount of $1,500 for breach of s.41(d) of the Real Estate Act Rules.
  • Variation of fines in the amount of $1,500 for the breach of s.41(e) of the Real Estate Act Rules.
  • Costs to the Real Estate Council of Alberta in the amount of $2,500.

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