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A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Shabeen Mehnaaz Ali, and found that Ms. Ali committed professional misconduct when:
- she prepared for the seller’s signature a proposed amendment to the contract without advising the buyer of the risk that the delivery of the proposed amendment to the seller without fresh consideration could constitute a counteroffer rendering the contract unenforceable;
- she failed to keep her managing broker informed about the buyer’s concerns with the property and of the fact that she prepared and submitted to the seller’s agent for execution the proposed amendment described in paragraph (a) above; and
- she failed to ensure that the buyer’s bank draft representing the deposit required to be paid under the contract was immediately deposited into the brokerage trust account and instead instructed the brokerage’s conveyance department to hold it pending receipt of the signed proposed amendment from the seller.
A discipline committee of the Council has ordered, and Ms. Ali has agreed to, the following penalties:
- a suspension of fourteen (14) days (from September 2, 2020 to September 15, 2020, inclusive);
- a discipline penalty of $5,000;
- enforcement expenses of $1,500; and
- successful completion of the Real Estate Trading Services Remedial Education Course.
- Real Estate Rules
Full consent order is available as a PDF.