- Managing Broker - John Peccia
- Managing Broker -Grant Hastings
- Associate Broker - N/A
- Sanctioned for: - Strata, Rentals, & Trading
- Approx: number of RECBC Licensed Representitives. N/A
- Approx: number of Strata's Managed - N/A
Professional Misconduct
Strata
| 12/16/2016 | | Professional Misconduct: | | Case # 13-181| | John Peccia | |
Rentals:
Lorin Bruce Campbell
While licensed as a representative with Pacific Quorum Properties Inc., Vancouver, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against him as he had decided to permanently retire from real estate practice. Mr. Campbell was facing a disciplinary hearing into his professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations. The allegation against Mr. Campbell in the Notice of Discipline Hearing was, as managing broker for Pacific Quorum Properties Inc., he contravened section 3-1(1)(c) of the Council Rules in that he failed to adequately supervise the rental property manager to ensure that the rental property manager was performing his duties in a timely and competent manner. The lifetime ban on Mr. Campbell’s licensing under the Real Estate Services Act was effective as of June 18, 2013, although he surrendered his licence to the Real Estate Council on July 31, 2011.
Pacific Quorum Properties Inc.
entered into a Consent Order with the Council that it committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it contravened section 8-6(1)(a) of the Council Rules in that it failed to retain a record of a move-out inspection report for the property as required by the written services rental property management agreement dated June 11, 2010. Result: Pacific Quorum Properties Inc. was subject to an Order of a discipline committee that it: (a) be reprimanded; and (b) pay enforcement expenses to the Council in the amount of $1,250.00.
Wing Wang Tam
File: 11-151
Date of Consent Order: July 9, 2013
Issue: Wing Wang Tam,currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative with Pacific Quorum Properties Inc., Vancouver, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he:
(a) contravened section 3-3(1)(a) and/or section 3-4 of the Council Rules in that he failed to perform reference checks for the tenant renting the property commencing September 1, 2010, for a one year fixed term for a monthly rent of $1,200.00 per month;
(b) contravened section 3-3(1)(a) and/or section 3-4 of the Council Rules in that he failed to promptly issue a 10 day notice to end tenancy for “unpaid rent” to the said tenant for the non-payment of November 2010 rent, which notice was not issued until December 7, 2010; and
(c) contravened section 3-4 of the Council Rules in that he failed to respond to the inquiries of his landlord client in a timely manner.
Result: Wing Wang Tam was subject to an Order of a discipline committee that he: (a) be reprimanded; (b) as a condition of continued licensing, successfully complete the Rental Property Management Remedial Education Course; and (b) pay enforcement expenses to the Council in the amount of $1,250.00.Other:
Lawrence Bruce McGillivray
Associate broker, Pacific Quorum Properties Inc. entered into a Consent Order with the Council in which he consented to an Order that, while licensed as a managing broker with Facilitech Property Management Ltd., he committed professional misconduct within the meaning of section 35(1)(a) and/or (d) of the Real Estate Services Act in that he:
- (a) failed to fulfill his responsibilities as managing broker for the performance of the duties imposed on the brokerage by its licence within the meaning of section 6
(2)(b) of the Real Estate Services Act;
- (b) contravened sections 3-1(1)(a) and (b) and 3-1(3) of the Council Rules in that he failed to ensure that the said Accountant’s Report was filed with the Council on or before April 30, 2009;
- (c) failed to ensure that monthly trust reconciliations were prepared in a timely manner and, in any event, no later than 5 days after the end of the month being reconciled, contrary to section 8-2(b) of the Council Rules;
- (d) failed to ensure that the trust reconciliations prepared included date and initials of the managing broker or person designated by the managing broker, contrary to section 7-4(2) of the Council Rules;
- (e) failed to remit interest earned on a pooled trust account to the Real Estate Foundation, contrary to section 29 of the Real
Estate Services Act;
- (f) failed to ensure that payments were not made out of a trust account which caused a negative balance or caused a negative balance to increase for a trust account that already
had a negative balance, contrary to section 7-5 of the Council Rules;
- (g) failed to transfer money received by electronic deposit into a brokerage trust account no later than 3 days after the day
upon which it was received, contrary to section 7-9(2.1) of the Council Rules;
- (h) failed to prepare records after the termination of real estate services, contrary to section 8-3.1 of the Council Rules;and
- (i) failed to retain records, original bank statements and cancelled cheques as they were lost in the mail and copies were not requested for a period of 12 months after they were lost, contrary to section 8-10 of the Council Rules.
Michael James Henson
and Cypress Properties Ltd.
File: 10-04
Date of Consent Order: November 8, 2005
Complaint
Contravention of section 15, section 17, section 23(2) section 31(1) of the Real Estate Act, and section 9.12; section 12.01 and 12.01(b) of Regulation 75/61 under the Real Estate Act /Failure to keep proper books, records and accounts; Improperly withdrew funds; Failure to remit interest; Misconduct and NegligenceIssue
Cypress Properties Ltd., Vancouver, contravened (i) section 15 of the Real Estate Act and 12.01 of Regulation 75/61 under the Real Estate Act in that it failed to keep proper books, records and accounts, (ii) section 17 of the Real Estate Act in that it improperly withdrew funds held in a pooled trust account without authorization thereby causing a trust shortage and (iii) section 23(2) of the Real Estate Act in that it failed to remit interest paid on funds in the brokerage ’s trust account to the Real Estate Foundation in a timely manner.Issue
Michael James Henson, currently unlicensed, who while licensed as the managing broker of Cypress Properties Ltd., Vancouver,
- (i) contravened section 31(1) of the Real Estate Act by removing funds from trust without the authority of his clients and deposited the funds to the credit of the brokerage contrary to section 17 of the Act
- (ii) misconducted himself within the meaning of section 31(1) of the Real Estate Act in that he permitted financial statements to be produced that were misleading contrary to section 12.01(b) of Regulation 75/61 under the Real Estate Act
- (iii) was negligent within the meaning of section 31(1) of the Real Estate Act in that he
- (iv) contravened section 15 of the Real Estate Act and section 12.01 of Regulation 75/61 under the Real Estate Act in that he failed to ensure the brokerage kept such proper and up to date books, records and accounts as required and
- (v) contravened section 23(2) of the Real Estate Act in that he failed to ensure that the brokerage remitted interest paid on funds in the brokerage ’s trust accounts to the Real Estate Foundation in a timely manner.
Penalty
Cypress Properties Ltd. was reprimanded for the contraventions described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Michael James Henson on behalf of Cypress Properties Ltd. and a Consent Order was issued. PenaltyMichael James Henson will not make an application for licensing as a representative for a period of two years or until after November 8, 2007 and that application will be subject to a qualification hearing. Further he will not make an application for licensing as a managing broker for a period of seven years or until after November 8, 2012 and that an application in this regard will be subject to a qualification hearing as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Michael James Henson, and a Consent Order was issued. In addition, Cypress Properties Ltd. and Michael James Henson are jointly and severally liable for enforcement expenses of $2,000 which includes $1,162.50 in audit costs.
Richard William Dean
Lawrence Bruce McGillivray
Facilitech Property Management Ltd.
Richard William Dean representative, Wynford Realty Group Ltd. dba The Wynford Group, Vancouver, while licensed as a representative with Facilitech Property Management Ltd., Vancouver, entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3(1) of the Real Estate Services Act and section 3-3(1)(c) of the Council Rules by failing to act within the scope of authority by ordering plumbing work without the prior authorization of the strata council.
Lawrence Bruce McGillivray associate broker, Facilitech Property Management Ltd.,Vancouver, while licensed as managing broker of Facilitech Property Management Ltd., entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he, as managing broker for the brokerage and in contravention of section 6(2) of the Real Estate Services Act: (a) failed to ensure that the brokerage provided the records as required under section 8-7.1(3)(a) of the Council Rules when they were requested by a brokerage providing strata management services to a former client: bank statements, bank reconciliations and a record showing amounts received and disbursed, the reason for the receipt or disbursement and any unexpended balance for the months of January 2006 through March 2007; and invoices paid on behalf of the former client for the months of January, February and March 2006; (b) contravened section 3-1 of the Council Rules in that he, as managing broker of Facilitech Property Management Ltd, when he: (i) was not actively engaged in the management of the said brokerage; (ii) failed to ensure that the said business of the brokerage was carried out competently and in accordance with the Act, Regulations, Rules and/or Bylaws; and (iii) failed to ensure that there was an adequate level of supervision for related associate brokers and representatives who perform duties on behalf of the brokerage when a licensee, Richard William Dean, contravened section 3-3(1)(c) of the Council Rules by failing to act only within the scope of the authority in ordering plumbing work without the prior authorization of the strata council.
Facilitech Property Management Ltd.Vancouver, entered into a Consent Order with the Council in which it consented to an Order that it committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening section 25 of the Real Estate Services Act in that it: (a) failed to keep proper books, accounts and other records in accordance with the rules, pursuant to section 25 of the Real Estate Services Act; and (b) did not provide the following records as required under the Act when requested by a brokerage providing strata management services to a former client: bank statements, bank reconciliations, and a record showing amounts received and disbursed, the reason for the receipt or disbursement, and any unexpended balance for the months of January 2006 through March 2007: and invoices paid on behalf of the former client for the months of January, February and March of 2006.
Richard William Dean was suspended for seven (7) days from August 12, 2009 to August 18, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignment applicable to Chapter 12 (Law of Agency) of the Strata Management Licensing Course.
Lawrence Bruce McGillivray was reprimanded, ordered to pay a discipline penalty to the Council in the amount of $2,000.00, and to successfully complete the disciplinary education assignment applicable to Chapter 2 (Mandatory Requirements Under The Real Estate Services Act) of the Broker ’s Licensing Course.
Facilitech Property Management Ltd. was reprimanded and ordered to pay a discipline penalty to the Council in the amount of $2,000.00.
Further, Facilitech Property Management Ltd., Richard William Dean and Lawrence Bruce McGillivray are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.