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Consent Order
- Licensee
- Denise Decary, Denise Renee Decary
- Brokerage at Time of Sanctioned Activity
- Current Brokerage
- Haven Properties, Surrey
- Consent Order Date
- 1 June 2016
Summary
Denise Renee Decary, Representative, Haven Properties, Surrey
File #13-194 and 14-409
Consent Order: June 1, 2016
Summary of File 13-194
Denise Renee Decary, while licensed with Homelife Peninsula Property Management, Surrey, provided rental property management services on behalf of property owners who were not clients of her brokerage. This was contrary to section 7(3)(a) of the Real Estate Services Act.
She did not ensure that there were proper written service agreements in place with these property owners, signed by the client and an authorized signatory of the brokerage, before providing these services. This was contrary to section 5-1 of the Council Rules.
Ms. Decary signed a Residential Tenancy Agreement as the agent for a property owner, without the written authority of that owner, contrary to section 5-3(1) of the Council Rules.
Ms. Decary had an unlicensed assistant, who was not employed by the brokerage, assist her in providing these services, which is contrary to section 7(5)(a) of the Real Estate Services Act. Ms. Decary provided real estate services while her licence was inoperative, and this was a violation of section 20 of the Real Estate Services Act.
Summary of File 14-409
Ms. Decary, while licensed with Homelife Peninsula Property Management, Surrey, was acting as a rental property manager on behalf of a client of the brokerage, and she failed to disclose a material latent defect to tenants before they signed a tenancy agreement. The defect was an unauthorized suite on the property. Ms. Decary knew, or ought to have known, that it was important for the tenants to know that the suite was unauthorized, as they intended to sub-lease the suite. Ms. Decary's actions were contrary to section 5-13 of the Council Rules.
Results
A discipline committee of the Council has ordered the following:
- Ms. Decary is suspended for thirty (30) days, from July 6, 2016 to August 4, 2016 (inclusive).
- At her own expense, Ms. Decary must successfully complete the Rental Property Management Remedial Education course.
- Ms. Decary must pay enforcement expenses of $1,500.00 to Council.