competent service
Case Summaries Administrative Penalties

Real estate licensees must provide competent service (Real Estate Act Rules s.41-b)

1. John Doe

Real estate associate registered with Sterling Realty (Alberta) Ltd. o/a Sterling Real Estate
• John was representing buyers interested in viewing a property
• John’s brokerage adopted a brokerage policy that individuals present for showings must wear a mask
• On March 29, 2021, John had permission to bring their buyer clients to view a property
• The seller’s security camera footage shows John and their buyer clients not wearing masks when entering the property or during the showing
• $1,500

2. Jane Doe

Real estate associate registered with Canadian Independent Realty Ltd. o/a CIR Realty
• On April 25, 2021, Jane had permission to show their buyer clients a property.
• The property had posted requirements on the listing that stated: “Agent plus a maximum of 2 people from the same household, no children.”
• Jane’s brokerage expectations were that two people plus the agent were the maximum allowed at one time for a showing
• Jane plus three adults and two children entered the property for the showing
• $1,500

3. Jane Doe

Real estate associate registered with 4th Street Holdings Ltd. o/a Re/Max Real Estate (Central)
• Jane was representing buyers interested in viewing a property
• The property had showing instructions which included: wearing a mask at all times, only two adults from the same household plus the associate allowed, and a maximum of 30 minutes allotted time in the property
• On April 12, 2021, Jane had permission to bring their buyer clients to view the property for a second showing
• During the showing there were three people plus Jane in the property
• Jane and the buyers also exceeded the allotted time by 17 minutes
• $1,500

4. Jane Doe

Real estate associate registered with Triple Gold Ltd. O/A Initia Real Estate
• On April 8, 2021, Jane made a request to show their buyer clients a property
• The request was declined
• On April 8, 2021, Jane went to the property, without permission, to conduct the showing
• In addition to conducting the showing without permission, Jane also entered the property with six additional people, contrary to the posted viewing guidelines for the property of ‘Maximum 2 buyers plus agent’
• Jane’s brokerage expectations were that two people plus the agent was the maximum allowed at one time for a showing
• Jane and six people entered the property for the showing
• $3,000

5. Jane Doe

Real estate associate registered with Century 21 Maximum Realty Corp. o/a Century 21 Maximum
• Jane was representing buyers interested in viewing a property
• Jane’s brokerage adopted a policy of wearing masks and allowing a maximum of two adults and the associate to enter a property for showings
• On April 11, 2021, Toncheva had permission to bring their buyer clients to view the property
• Seven people entered the property and failed to wear masks
• $1,500

Learning Opportunity:

Licensees must exercise reasonable care and skill when a property is under their care and control. They must obey the instructions of the seller and their brokerage when showing a property. Licensees must always have permission of the seller to view a property. Property owners must have confidence their instructions will be followed, and brokerages expect licensees to follow their guidelines. This is especially important during the COVID-19 pandemic which presents additional risk when individuals enter a property.
Licensees are encouraged to use the COVID-19 property access checklists and agree to the conditions for access, in writing.

6. Jane Doe

Real estate associate registered at the time of conduct with Twin Oakes Real Estate 1993 Inc. o/a Re/Max House of Real Estate. Currently registered to eXp Realty of Canada o/a eXp realty.
• On October 15, 2020, Jane had permission to access a property for a home inspection with their buyer clients and the home inspector
• Jane attended the property with the home inspector, the buyers, and two additional people
• Jane did not have permission from the sellers to bring two additional people
• Jane broke their brokerage’s COVID-19 protocols by allowing two additional people to attend the inspection
• After providing access to the property for the inspection, Jane departed, leaving the home inspector and four people alone in the property
• Jane did not have permission from the sellers to leave these individuals unattended in the property
• $3,000

Learning Opportunity:

Licensees must remain on the property during inspections unless otherwise agreed to, in writing, by the seller. Licensees must also properly secure the property once the inspection is complete. In this case, the licensee left the property, leaving the home inspector and the buyer clients in the property unattended without the seller’s written permission. The licensee also failed to follow the seller’s Covid-19 protocols when viewing the property, by allowing more individuals in the property then what was agreed to. Consumers expect licensees who are granted access to their property to remain in the care and control of their property at all times. Leaving anyone in a property unattended requires permission from the seller or the seller’s agent.

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