Printed . This content is updated regularly, please refer back to https://bcfsa.ca to ensure that you are relying on the most up-to-date resources.
A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Whitney Elise Garside (“Ms. Garside”) and found that Ms. Garside committed professional misconduct when she:
- failed to act honestly and with reasonable care and skill when she advised the Buyer that in order for the purchase to be exempt from the Property Transfer Tax ("PTT"), she pay the sum of $42,000 directly to the Seller as part of the purchase price so that the transaction would be below the PTT threshold;
- failed to promptly deliver to the Brokerage all money held or received from, for or on behalf of a client when she received cash, in the sum of $10,000, from the Buyer which was intended to be paid to the Seller as part of the purchase price and did not remit that cash to the Brokerage;
- failed to keep her managing broker informed of the real estate services being provided, and in particular, she failed to inform her managing broker of the arrangements made between the Buyer and Seller which included the provision of a Promissory Note from the Buyer in which the Buyer agreed to pay directly to the Seller the sum of $42,000 cash in addition to the purchase price set out in the Contract, and failed to deliver the Promissory Note to her Brokerage;
- published false and misleading advertising and failed to act with reasonable care and skill when she advertised the lot size of the Property as 8,712 square feet when it was actually 4,710.8 square feet; and
- failed to recommend that the Seller and/or the Buyer seek independent legal advice in relation to the transaction, and in particular, as to:
- the applicability of the PTT; and
- the agreement between the Seller and the Buyer to pay part of the purchase price in cash.
A discipline committee of the Council has ordered, and Ms. Garside has agreed to, the following penalties:
- a suspension of 60 days (from November 4, 2020 to January 3, 2021, inclusive);
- a discipline penalty of $7,500;
- enforcement expenses of $1,500; and
- successful completion of the REIC2600 Ethics in Business Practice Course and Real Estate Trading Services Remedial Education Course.
- Real Estate Rules
- 3-2(1) [Records]
- 3-2(2)(a) [Keeping managing broker informed]
- 3-3(d) [Advise the client to seek independent professional advice on matters outside of the expertise of the licensee]
- 3-4 [Duty to act honestly and with reasonable care and skill]
- 4-7 [False or misleading advertising prohibited]
- 3-2(1) [Records]
Full consent order is available as a PDF.