Not exact matches
First, the court found that the provision requiring
real estate licensees to deliver agency contracts at signing to clients is a provision for
disciplining licensees, not voiding contracts (click here to read a similar argument rejected by a New Jersey court recently).
With respect to
licensee discipline, a «persistent course of dealing» by a
real estate licensee who violates a statute or rule «constitutes prima facie evidence that an associated
real estate licensee had knowledge of the violation by the
real estate licensee.»
A Florida appellate court has considered whether two
real estate licensees were properly
disciplined by the state
real estate commission.
A New Jersey appellate court upheld
discipline imposed by a
real estate commission on
licensees for their role in selling a new home to a second buyer before the underlying transaction had closed.
A New Jersey court has considered whether the state's
real estate commission properly
disciplined two
licensees who were part of a plan for a second buyer to purchase a unit in a new development before the first transaction had closed.
40 (1) Following an investigation under section 37 [investigations], the
real estate council may issue a notice to the affected
licensee advising that a hearing by a
discipline committee is to be held respecting the
licensee.
«As part of their
discipline procedures, the
Real Estate Council of British Columbia (the Council) may impose administrative penalties on
licensees when they contravene designated rules.
(7) Within a reasonable time after receiving a written notice under subsection (6), the
real estate council must issue a notice under section 40 [notice of
discipline hearing], subject to the difference that the time for issuing the notice is at least 14 days before the time set for the
discipline hearing, rather than 21 days, unless the
licensee agrees to a shorter period.
(3) Money received by the
real estate council on account of a
discipline penalty under section 43 (2)(i) or, subject to the regulations, an additional penalty under section 43 (2)(j) may be expended by the
real estate council only for the purpose of educating the public, and
licensees and other participants in the
real estate industry in British Columbia, about
(3) Section 45 [
discipline committee orders in urgent circumstances] applies in relation to the superintendent's authority under this section as if the superintendent were a
discipline committee or the
real estate council acting in respect of a
licensee.
(4) The following provisions of this Part apply to the superintendent acting under this Division, in relation to an unlicensed person or a
licensee, as if the superintendent were the
real estate council or a
discipline committee exercising authority under the applicable provision in relation to a
licensee:
Real estate licensees, like individuals in most regulated professions, have the option to proceed to a hearing, or to «plead guilty» — in which case the Council may issue a
discipline order known as a Consent Order.
must not have been refused a licence, been convicted of an offence, or
disciplined by a professional body for a reason that reveals the applicant to be unfit as a
real estate licensee.
If you become aware that a
licensee has been
disciplined by the
Real Estate Council in the past, it may be a good idea to discuss the matter with the
licensee before signing a listing agreement, buyer's agreement, or service agreement.
41 (1) At least 14 days, At least 21 days, or a shorter period permitted by the
real estate council, before the time set for the
discipline hearing, the
licensee who received a notice under section 40 [notice of
discipline hearing] may deliver to the
real estate council a written proposal that includes the
licensee's consent to a
discipline committee making a specified order under section 43 [
discipline orders] without conducting a hearing.
The mailing address for delivery is used by the Council to provide notices required under the
Real Estate Services Act, typically
discipline notices, to
licensees.