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Consent Order
Consent Order
- Licensee
- Andrea Theresa Castro
- Brokerage at Time of Sanctioned Activity
- Sutton Group – West Coast Realty
- Current Brokerage
- Homeland Realty
- Consent Order Date
- 31 May 2021
Summary
A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Andrea Theresa Castro on May 31, 2021, and the Council found that Ms. Castro committed professional misconduct when she:
- Purported to act in an agency relationship with the Sellers when she had previously provided and/or was also providing agency services to the eventual buyer of the Surrey Property;
- Misrepresented interest in the Surrey Property from potential buyers;
- Claimed a commission in accordance with a listing agreement with the Sellers when she represented to them or had entered into an agreement with them for a flat commission for the sale of the Surrey Property;
- Claimed a fee of $10,000 from the Sellers for preparing documentation for the purchase of the Chilliwack Property when she represented to them or had entered into an agreement with them that she would complete that task for a fee of $2,500; and
- Failed to provide records to her managing broker and keep her managing broker informed with respect to the sale of the Surrey Property and purchase of the Chilliwack Property.
Results
A discipline committee of the Council has ordered the following penalties, which Ms. Castro has agreed to:
- A suspension of three months (from July 21, 2021 to October 21, 2021, inclusive);
- A discipline penalty of $5,000;
- Enforcement expenses of $1,500; and
- Successful completion of the Ethics in Business Practice Course.
Contraventions
- Real Estate Services Act
- 35(1)(a) [Misconduct by licensee]
Read More
- 35(1)(a) [Misconduct by licensee]
- Real Estate Rules
- 3-2(1), (2), (5) [Associate broker and representative responsibilities]
Read More - 3-3(a), (f), (i), (j) [Duties to act in best interests of the clients]
Read More - 3-4 [Duty to act honestly and with reasonable care and skill]
Read More - 5-10 [Disclosure of representation in trading services]
Read More - 5-11 [Disclosure of remuneration]
Read More
- 3-2(1), (2), (5) [Associate broker and representative responsibilities]