Qualification Hearing

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Licensee
Applicant 2
Brokerage at Time of Sanctioned Activity
Current Brokerage
Qualification Hearing Date
30 July 2021

Summary

A qualification hearing was held to determine the Applicant’s suitability to be licensed. The circumstances considered at the hearing included whether the Applicant is of good reputation and suitable to be licensed at the level and in the category for which they have applied and meet any other qualification requirements established by the Rules.

Results

A Hearing Committee ordered that the Applicant is currently of good reputation and suitable to be licensed, subject to conditions and restrictions on their licence as follows:

  1. That [the Applicant]’s licence will be restricted to [the Brokerage] or another brokerage acceptable to the Council (the “Brokerage”) for a period of not less than one year following her re-licensing (the “Conditional Licence Period”);
  2. During the Conditional Licence Period, [the Applicant] must remain under the direct supervision of a managing broker of the Brokerage who is acceptable to the Council and who has confirmed in writing to the Council that they have read these conditions, are aware of their duties under these conditions, and agree to accept these duties (the “Managing Broker”);
  3. These conditions are in addition to [the Applicant]’s and the Managing Broker’s obligations under the Real Estate Services Act (“RESA”), and the Regulations, Rules and Bylaws made under the RESA (together, the “Legislation”). The Council and [the Applicant] have agreed upon these additional conditions of supervision. The Managing Broker may impose their own additional conditions to ensure that [the Applicant] meets their obligations under the Legislation;
  4. [The Applicant] must keep the Managing Broker informed weekly, or more frequently as required, of the real estate services that they are providing and other real estate-related activities that they are engaging in by providing written status reports (the “Status Reports”) to the Managing Broker that include, for each matter, as applicable:
    1. The names of the principals and their agents;
    2. The locations of the properties;
    3. A description of services provided;
    4. The status of the matter;
    5. Scheduled dates (e.g., closing dates and dates for waiver or satisfaction of conditions precedent);
    6. Funds paid and received; and
    7. Any other information relevant to the matter.
  5. To ensure that [the Applicant] meets their obligations under these conditions and the Legislation, the Managing Broker must meet with [the Applicant] on a weekly basis, or more frequently as required, to discuss the following:
    1. The most recent Status Report;
    2. Any practice issues identified by the Managing Broker or [the Applicant];
    3. The appropriate course of action for addressing any identified practice issues and/or whether appropriate steps have been taken to address previously identified practice issues; and
    4. Confirm [the Applicant]’s attendance at or completion of any educational or training opportunities recommended by the Managing Broker.
  6. The Managing Broker must meet with [the Applicant] in-person at least once a month, with all other meetings as noted hereunder permitted to be via one-on-one video conference;
  7. [The Applicant] must consult with the Managing Broker in advance of taking any action on matters in respect of which there are questions or concerns regarding compliance with the Legislation, other applicable legislation, or the Brokerage’s policies and procedures;
  8. In addition to providing the Brokerage with all records required under the Legislation, [the Applicant] must provide the Brokerage with all records created in connection with the provision of real estate services, regardless of whether such records are associated with a specific transaction, including records of listing presentations, appraisals, competitive market analyses, correspondence, and referrals;
  9. [The Applicant] must obtain the Managing Broker’s approval before presenting documents prepared by [the Applicant] to principals or their agents for execution;
  10. [The Applicant] must provide to the Managing Broker all documents signed by [the Applicant]’s principals, and the Managing Broker must review all such documents;
  11. Within 14 days after the end of each calendar quarter, the Managing Broker will provide a report to the Council (an “Interim Report”) confirming in relation to that calendar quarter (the “Reporting Period”) that:
    1. [The Applicant] has provided real estate services under their direct supervision;
    2. [The Applicant]’s activities have been carried out competently and in compliance with these conditions, the Legislation, all other applicable legislation (to the best of the Managing Broker’s knowledge having made reasonable inquiries), and in accordance with the Brokerage’s policies and procedures, or alternatively, providing details of non-compliance;
    3. They have reviewed all transactions in which [the Applicant] has provided real estate services and that all documents relevant to the transactions are contained in the appropriate deal file and kept at the Brokerage;
    4. They have met with [the Applicant] on a weekly basis, or more frequently as required, to discuss matters specified under these conditions; and
    5. The number of real estate transactions that [the Applicant] has conducted and details regarding the principal(s), the agency offered, and any dealings with unrepresented parties.
  12. Each Interim Report will be reviewed by the Council, who will determine if [the Applicant] has been providing real estate services in accordance with the Legislation and these conditions during the Reporting Period, and if not, will so advise the Managing Broker and [the Applicant];
  13. Within 30 days before the end of the Conditional Licence Period, or within 14 days after the Managing Broker ceases to be the Managing Broker, whichever is earlier, the Managing Broker must provide a final report (the “Report”) to the Council confirming in relation to the Conditional Licence Period, or during the period in which Managing Broker acted as Managing Broker under these conditions, as applicable:
    1. That [the Applicant] has provided real estate services under their direct supervision;
    2. That [the Applicant]’s activities have been carried out competently and in compliance with these conditions, the Legislation, all other applicable legislation (to the best of the Managing Broker’s knowledge having made reasonable inquiries), and in accordance with the Brokerage’s policies and procedures, or alternatively, providing details of non-compliance;
    3. That they have reviewed all transactions in which [the Applicant] has provided real estate services, and that all documents relevant to the transactions are contained in the appropriate deal file and kept at the Brokerage;
    4. They have met with [the Applicant] on a weekly basis, or more frequently as required, to discuss the matters specified under these conditions; and
    5. The number of real estate transactions that [the Applicant] has conducted and details regarding the principal(s), the agency offered, and any dealings with unrepresented parties.
  14. The Report will be reviewed by the Council, who will determine if the Conditional Licence Period has provided an adequate opportunity for the Council to determine that [the Applicant] is providing real estate services in accordance with the Legislation and these conditions, and if not, will so advise the Managing Broker and [the Applicant];
  15. The Managing Broker must immediately report to the Council anything of an adverse nature with respect to [the Applicant]’s real estate services, including:
    1. Failure of [the Applicant] to observe these conditions, the requirements of the Legislation, or all other applicable legislation; and
    2. Complaints received by the Brokerage, including the nature of the complaint, the parties involved, and how the complaint was resolved.
  16. [The Applicant] may have no unlicensed assistant(s) during the Conditional Licence Period;
  17. If the Managing Broker is absent from the Brokerage for:
    1. More than one week but less than one month, the Managing Broker may delegate their duties to another managing broker or an associate broker who confirms their agreement to accept the supervision duties under these conditions to the Council in writing; or
    2. More than one month, [the Applicant] must notify the Council immediately, and approval from the Council for a successor managing broker to supervise [the Applicant] must be sought as set out in paragraph 17-18 of these conditions.
  18. If for any reason the Managing Broker is unable to perform any of the duties imposed herein, they must immediately advise the Council;
  19. If there is a change in the managing broker of the Brokerage, the former managing broker and [the Applicant] must immediately notify the Council in writing. If the Council determines that the successor managing broker is acceptable as a managing broker for the purposes of these conditions, they will be provided with a copy of these conditions and will be asked to confirm in writing to the Council that they have read these conditions, are aware of their duties under these conditions, and agree to accept these duties. If that managing broker fails to provide such confirmation within 14 days of becoming a managing broker at the Brokerage, they will be deemed to be unable or unwilling to perform the duties set out in these conditions;
  20. Failure by [the Applicant] to adhere to one or more of the conditions may constitute professional misconduct, and the Council retains the discretion to investigate this and any other matters, including matters set out in the Interim and Final Reports reviewed by the Council, pursuant to section 37 or the RESA; and
  21. In the event the Council being dissolved pursuant to the Finance Statues Amendment Act, 2021, S.B.C. 2021, ch. 2, references herein to the Council shall be deemed to refer to BC Financial Services Authority.

Contraventions

  • Real Estate Services Act
    • 10 [Qualifications for obtaining licence]
      Read More
    • 13 [Refusal to issue or renew licence]
      Read More
    • 15 [Conditions and restrictions in relation to a specific licence]
      Read More
  • Real Estate Rules

PDF Files

Qualification Hearing

Full qualification hearing is available as a PDF.

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