Real Estate Council of Alberta imposed Administrative Penalties on Realtors
Real Estate Act s.41(a)
A real estate licensee must act honestly.
Real estate associate registered at the time of conduct with 4 million.ca Inc. o/a Estateview. Currently Grand Realty & Management Ltd. o/a Grand Realty.
- On September 25, 2020, John submitted a License Renewal Application
- In this application, John falsely answered “no” on the question asking if they had been charged with a criminal offence
- When submitting this application, John dishonestly declared that the information they provided in the application was true, complete, and accurate
- On January 14, 2021, John submitted a License Transfer Application to change brokerages. In this application, John falsely answered “no” on the question asking if they had been charged with a criminal offence
- When submitting this application, John dishonestly declared that the information they provided in the application was true, complete, and accurate
- On September 16, 2021, John submitted a License Renewal Application
- In this application, John dishonestly declared that they were in compliance with the requirements of Section 40 of the Real Estate Act
- When submitting this application, John dishonestly declared that the information they provided in the application was true, complete, and accurate
- $3,000
Learning Opportunity:
Licensees must act honestly at all times. Honesty means conduct that is truthful, trustworthy, and genuine. In this case, the licensee provided false information on multiple licence renewal applications with RECA. The licensee failed to immediately notify the registrar of a change in the information on their application. Failing to act honestly is serious and undermines public `confidence in the calgary real estate industry.
Real Estate Act Rules s.21:
A real estate licensee must immediately notify, in writing, the Registrar
of any changes in the information provided in support of a license
application, or after that licence is issued.
Real estate associate registered at the time of conduct with 4 million.ca Inc. o/a Estateview. Currently Grand Realty & Management Ltd. o/a Grand Realty.
- On September 26, 2019, John submitted a License Renewal Application
- In that application John represented they had not been charged with a criminal offence
- On August 1, 2020, criminal code proceedings were commenced against John
- John failed to immediately notify the registrar of a change in the information they provided in their September 26, 2019, licensing application
- On September 25, 2020, John submitted a License Renewal Application
- In that application John represented they had not been charged with a criminal offence
- At that time, John had been charged with a criminal offence
- John failed to immediately notify the registrar of a change in the information they provided in their September 25, 2020, licensing application.
- On January 14, 2021, John submitted a License Transfer application to change brokerages
- In that application John represented they had not been charged with a criminal offence
- At that time, John had been charged with a criminal offence
- John failed to immediately notify the registrar of a change in the information they provided in their January 14, 2021, licensing application
- On September 16, 2021, you submitted a License Renewal Application
- John declared that you complied with the requirements of Section 40 of the Real Estate Act
- At that time, John had been charged with a criminal offence
- John failed to immediately notify the registrar of a change in the information they provided in their September 16, 2021, licensing application.
- $1,500
Real Estate Act Rules s.40
Licensees must immediately notify, in writing, the Registrar.
Real estate associate registered at the time of conduct with 4 million.ca Inc. o/a Estateview. Currently Grand Realty & Management Ltd. o/a Grand Realty.
- John failed to immediately notify, in writing, the registrar
- $1,000
Learning Opportunity:
Licensees must immediately notify the registrar in writing, when certain events occur (name change, discipline, criminal proceedings, etc.). to immediately notify the registrar of a change in the information. The licensee applied multiple times for a licence renewal application and each time provided false information on their application. The licensee failed to immediately notify the registrar of a change in the information on their application. Immediately is defined as “without delay,” and in the absence of extraordinary circumstances, written notification to the Registrar should occur not more than five (5) days after the event in question.
Real Estate Act s.91(4)
A brokerage’s accounting shall be filed with RECA no later than 3 months
from the end of the brokerage’s fiscal year.
Real Estate Broker registered with Montcalm Properties Ltd.
- John’ brokerage fiscal year end was July 31, 2021
- RECA sent numerous emails to both Johns’ brokerage and personal email addresses reminding them that the required accounting forms must be filed by November 1, 2021
- Each email reminder included clear instructions on what forms were required, a link to RECA’s website that explained how to access the forms, and a warning that failure to complete the required forms by November 1, 2021, could result in an administrative penalty
- To date, RECA has not received the brokerage accounting fiscal year end reports
- $1,500
Learning Opportunity:
Brokerages provide accounting reports to RECA to ensure trust funds are being properly administered to protect the public and the integrity of the industry. A brokerage must file its accounting with RECA no later than three months after the end of the brokerage’s fiscal year. In this case, the broker failed to file the forms by the deadline despite RECA sending numerous reminders.
Real Estate Act s.41(d)
A real estate Licensee must fulfill their fiduciary obligations to their
clients.
Real estate associate registered with Charles Real Estate Inc. o/a Charles
- On February 23, 2021, John listed a property
- On May 21, 2021, an offer to purchase was accepted by John’s client
- The possession date listed in the agreement was July 6, 2021
- The John’s associate discussed a possession date change to July 2, 2021
- John’s client agreed to this change and believed the possession date had been changed
- There was no amendment to the possession date in writing.
- John did not explain to their client that the possession date remained July 6, 2021
- The purchase contract allowed for a walkthrough to take place 24 hours prior to possession
- The buyer’s associate requested a walkthrough for July 2, 2021, as there had been a hailstorm and they wanted to assess the damage
- John allowed the buyers and their associate to access the property
- John failed to request permission from their client for an early walkthrough and failed to advise the seller the reason for access was to assess potential damage from the hailstorm
- $1,500
Learning Opportunity:
Licensees must always fulfill their fiduciary obligations to their clients. In the case, the licensee failed to request permission from their client for an early walkthrough and failed to advise their clients the reason for the early access was to assess potential damage from the hailstorm.
Real Estate Act s.41(d)
A real estate Licensee must fulfill their fiduciary obligations to their
clients.
Real estate associate registered with Charles Real Estate Inc. o/a Charles
- On February 23, 2021, John listed a property
- On May 21, 2021, an offer to purchase was accepted by John’s client
- The possession date listed in the agreement was July 6, 2021
- The John’s associate discussed a possession date change to July 2, 2021
- John’s client agreed to this change and believed the possession date had been changed
- There was no amendment to the possession date in writing.
- John did not explain to their client that the possession date remained July 6, 2021
- The purchase contract allowed for a walkthrough to take place 24 hours prior to possession
- The buyer’s associate requested a walkthrough for July 2, 2021, as there had been a hailstorm and they wanted to assess the damage
- John allowed the buyers and their associate to access the property
- John failed to request permission from their client for an early walkthrough and failed to advise the seller the reason for access was to assess potential damage from the hailstorm
- $1,500
Learning Opportunity:
Licensees must always fulfill their fiduciary obligations to their clients. In the case, the licensee failed to request permission from their client for an early walkthrough and failed to advise their clients the reason for the early access was to assess potential damage from the hailstorm.
A Reputation Built on Trust
