THE REAL ESTATE COUNCIL OF ALBERTA

Similar documents
October 10, 2018 November 13, Case Summaries. Letters of Reprimand. Administrative Penalties. Hearing Panel Decisions. Lifetime Withdrawal

September 5, 2018 October 9, Case Summaries. Letters of Reprimand. Administrative Penalties. Hearing Panel Decision

January 17, 2019 February 11, Case Summaries. Letters of Reprimand. Administrative Penalty. Lifetime Withdrawals

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

Real Estate Council of Alberta. An introduction 1

Real Estate Council of Ontario DISCIPLINE DECISION

STANDARDS OF BUSINESS PRACTICE OF THE CANADIAN REAL ESTATE ASSOCIATION AND INTERPRETATIONS

GUI DE T O COM PL AI N T S REL AT E D TO UN AUTHO RIZE D PR AC TIC E

THE REAL ESTATE COUNCIL OF BRITISH COLUMBIA. IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 as amended AND IN THE MATTER OF

GUI DE T O COM PL AI N T S : IN D UST R Y P R O FE SS ION ALS

ROGER K. SHERRILL, R.E. TUTOR, ALL TRUE NEVADA LAW

A CAREER IN REAL ESTATE

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER IN THE MATTER OF THE REAL ESTATE ACT, C. R-1.3 AND IN THE MATTER OF JANET LUTZ

Real Estate Council of Ontario DISCIPLINE DECISION

Home Selling Made Simple

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF JOHNNY KWAI-LOK LAN MILENA BERNINI CARELLA AND

Marina McTernan. The McTernan Team Shaun McTernan.

789 DOS 09 COMPLAINT FINDINGS OF FACT

THE REAL ESTATE COUNCIL OF ALBERTA. AND IN THE MATTER OF the conduct of SUNDI ALINE CLARK, currently registered with Redline Real Estate Group Inc.

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

EXPRESSION OF INTEREST To Purchase Industrial Land from The City of Calgary

Required Readings: Extra-Jurisdictional Licensing Program. The Real Estate Act

Internet Best Practices Recommended Guidelines ARELLO November 2009

REGULAR MEETING OF THE REAL ESTATE COUNCIL OF ALBERTA 9:30 am, Wednesday, October 17, 2018 Nakiska Boardroom, Calgary, AB

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER IN THE MATTER OF THE REAL ESTATE ACT, C. R-1.3 AND IN THE MATTER OF DAWN FOORD

IDX Paperwork Cover Sheet

Commercial Real Estate: The Life Of A Broker

Lesson Eight: Clarifying Agency Relationships

TABLE OF CONTENTS VOLUME 1

RETIREMENT HOME LICENSING FEES CAN RETIREMENT HOME LANDLORDS PASS THROUGH THE HOME S LICENSING FEES TO TENANTS?

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

Real Estate Council of Alberta Information Bulletins

REASONABLE LIMITS ON THE DUTY TO MITIGATE

IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO. DON MITCHELL REALTY/ : JACKIE COLE Plaintiff-Appellant : C.A. CASE NO

IN THE MATTER OF THE REAL ESTATE SERVICES ACT -AND - JAY GORDON FlTZPATRlCK ORDERS UNDER SECTIONS 51 AND 49 OF THE REAL ESTATE SERVICES ACT

Marketing Specialists WE KNOW WHAT IT TAKES TO SELL YOUR HOME! THE HARDY TEAM MARKETS YOUR HOME TO MORE PEOPLE IN MORE PLACES.

PART 1: BROKERS. Sources of Relevant Law. Selected Statutes and Regulatory Materials Concerning Brokers

GUIDE TO OWNING A HOME WITH HABITAT FOR HUMANITY

Alabama. License Law found in Chapter 27 of Title 34, Code of Alabama 1975 (AC).

THE RESIDENTIAL TENANCIES ACT OFFENCES

Real Estate Council of Ontario DISCIPLINE DECISION

Top 5 Reasons. to list with. Krantz & Associates. Our mission. You are. to us! RE/MAX LAKE OF THE OZARKS

Arbitration - Mandatory or Voluntary?

GOLDEN ISLES ASSOCIATION OF REALTORS CIRCLE OF EXCELLENCE RULES & REGULATIONS Revised November 16, 1999 Amended 10/25/00 Amended 02/23/01 Amended

GRAR Affiliate Membership and Benefits

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 as amended AND IN THE MATTER OF HONG (EDWARD) CHEN (153738) AND

Fair Housing Laws. What are They and Why are They Important?

BERMUDA REAL ESTATE BROKERS LICENSING ACT : 28

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF JOSEPH (JOE) TIMOTHY HACKETT. And

THE REAL ESTATE COUNCIL OF BRITISH COLUMBIA. IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 as amended AND IN THE MATTER OF

IN THE MATTER OF A DISCIPLINE HEARING HELD PURSUANT TO BY-LAW NO. 10 OF THE REAL ESTATE COUNCIL OF ONTARIO JAMES OSMAR

Office of the Superintendent of Real Estate. Real Estate Services Act

FORENSIC REPORT EXAMINER

REAL ESTATE INSTITUTE OF NEW SOUTH WALES CODE OF PRACTICE

SOUTH BAY ASSOCIATION OF REALTORS

DEALING WITH UNREPRESENTED SELLERS REAL ESTATE

ALI-ABA Course of Study Historic Preservation Law. Cosponsored by the National Trust for Historic Preservation. November 3-4, 2005 Washington, D.C.

Chairman s corner. On March 23, 2013, the Louisiana Real Estate IN MEMORY STERLING JOE ORY

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Complainant, DECISION -against- Complaint No.:

Guide Note 16 Arbitration 1

Exposure Draft of Proposed Changes to ADVISORY OPINION 21 (AO-21), USPAP Compliance

What to do with a tired office tower

Michigan Regulations and Considerations in. Cross-Border Real Estate Transactions

Mandates for Booking/ Cancellation of Tickets

Bylaw No. (85) of Regulating the Real Estate Brokers. Register in the Emirate of Dubai1

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF JASON RUSSEL MIDDLETON CONSENT ORDER

GOLDEN ISLES ASSOCIATION OF RELATORS CIRCLE OF EXCELLENCE RULES & REGULATIONS Revised 2018

NATIONAL ASSOCIATION OF REALTORS Code of Ethics Video Series. Article 4 and Related Case Interpretations

Chapter 2 Summary. License Law Rules and Regulations

PROPERTY MANAGEMENT AGREEMENT

Real Estate Council of Ontario DISCIPLINE DECISION

- 1 - Property Address:

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF ALFRED ALBERT MARCHI (020432) AND

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

RESIDENTIAL MEASUREMENT STANDARD

APPLICATION FOR REALTOR MEMBERSHIP

This summer, I participated in an internship with Alamo City Brokers based

FR 1 Dues. NAR 2 Dues

BRITISH COLUMBIA IN THE MATTER OF THE MORTGAGE BROKERS ACT R.S.B.C C AND-

Architects Accreditation Council of Australia New Zealand Institute of Architects (Inc) New Zealand Ministry for Business, Innovation and Employment

Nanci Johnson Devi Cooper

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF CORNERSTONE PROPERTIES LTD. AND JASON RUSSEL MIDDLETON

WILMINGTON 27 ACRES COMMERCIAL

urban Real Estate Services Ltd. SAVE YOUR MONEY, INVEST IT BACK INTO YOUR BUSINESS, GROW IT FURTHER

Unusable for. a transaction. Specimen REPRESENTED BY. (hereinafter called the AGENCY or the BROKER ) (hereinafter called the SELLER ) DATE

P L A C E R C O U N T Y A S S O C I A T I O N O F R E A L T O R S REALTOR APPLICATION 2015

2011 Survey of California Home Buyers

REAL ESTATE TECH TRENDS

Professional Short Sale Negotiators Short Sale Option Agent Listing Packet

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF MICHAEL PATRICK DUMONT (156506) CONSENT ORDER

Multiple Listing Service of Greater Cincinnati

Your Sales Team! honda Abony & & Perry Steinberg. Perry Steinberg. Rhonda Abony

Anthony Banfield, FRICS Banfield Real Estate Solutions Ltd

FOR DISCUSSION PURPOSES ONLY

COMMERCIAL BUYER/TENANT REPRESENTATION AGREEMENT

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

DISCIPLINE DECISION IN THE MATTER OF A DISCIPLINE HEARING HELD PURSUANT TO BY-LAW NO. 10 OF THE REAL ESTATE COUNCIL OF ONTARIO

GRANVILLE TOWNSHIP BOARD OF ZONING APPEALS GRANVILLE, OHIO APPEAL OF A DECISION OF THE ZONING INSPECTOR

Terms & Conditions. Last updated: January 1, Acceptance

Transcription:

THE REAL ESTATE COUNCIL OF ALBERTA Case: 008549 Process: Section 83 of the Real Estate Act Industry Member: Samantha Myles Authorization: Unauthorized Document: ADMINISTRATIVE PENALTY Penalty: $25,000.00 Payment This Penalty must be paid within 30 days of the date this Notice was issued. If you fail to pay the Penalty the Executive Director may commence collection under Part 6 of the Real Estate Act. If you pay the Penalty You will have satisfied the Administrative Penalty and no further proceedings under Part 6 will be taken against you. You cannot be charged under the Real Estate Act with an offence for the contravention(s) in this Administrative Penalty. TO: Samantha Myles The Executive Director of the Real Estate Council of Alberta (RECA) is of the opinion you have contravened section 17(d) of the Real Estate Act. Section 17 - Authorization Required No person shall (d) advertise himself or herself as, or in any way hold himself or herself out as, a mortgage broker, real estate broker or real estate appraiser unless that person holds the appropriate authorization for that purpose issued by the Council.

Particulars of the contravention(s): 1. In and around September, 2017 through December, 2018 you advertised and accepted payments for services you were not authorized to perform. Despite being licenced from August 1 st, 2017, you have never been authorized to engage in property management. Your conduct was contrary to section 17(d) of the Real Estate Act Rules: a) On September 28 th, 2017, via the RentFaster interface, you advertised unauthorized services. In an email to EM you stated, My team and I guarantee to find you a suitable tenant for your home at the price you require Our service fee is $600.00 and we will provide a full refund if no tenant is found. The email was signed Samantha Myles, Re/Max First, Owner and Managing Partner of YYC Rental Finders. You were not authorized to provide these services. By utilizing the Re/Max First business name, you held yourself out as a properly authorized industry member, contrary to section 17(d) of the Real Estate Act Rules. b) On or around September 29 th, 2017, you presented your Re/Max Real Estate business card to EM during an in-person meeting. Re/Max First did not authorize you to utilize its business name for this transaction. Your attempt to bolster your credibility by utilizing the Re/Max First s business card, and thereby hold yourself out as an authorized industry member, was contrary to section 17(d) of the Real Estate Act Rules. c) On or around September 29 th, 2017, you provided a receipt for a $600.00 payment for Service Fee from Samantha Myles, Associate Re/Max Real Estate (Central). The receipt stated, If no tenant is found within 120 days of this agreement YYC Rental Finders will pay back in full to the client the above via interact e transfer. The funds were transferred directly to your account and not to the brokerage presented on the receipt. By utilizing the Re/Max name on your receipt, you held yourself out as an authorized industry member. Your d) On October 6 th, 2018, a social media post advertising YYC Rental Finders stated, YYC Realtor. Big things coming, expansions on the way, completely new and improved marketing, bringing more fun and professionalism to the industry. On this date, you were licenced, however, not authorized to provide services. Your advertisement holds you out as an authorized industry member and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. e) On or round November 6 th, 2018, an online advertisement with your contact information stated, Calgary Real Estate Buy Sell & Rent, Real Estate Agent. On this date, you were licenced, however, not authorized to provide services.

Your advertisement holds you out as an authorized industry member and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. f) On November 25th, 2018, via Facebook account Samantha Myles, an advertisement was posted stating, Goals? Realtor Samantha Myles 403-991- 5114 Buy, Sell or Rent. On this date, you were licenced, however, not authorized to provide services. Your advertisement holds you out as an authorized industry member and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. 2. In and around September, 2017 through December, 2018 you advertised and accepted payments for services you were not authorized to perform. Despite being licenced from August 1 st, 2017, you have never been authorized to engage in property management. Your conduct was contrary to section 17(d) of the Real Estate Act Rules: a) On or around July 12 th, 2018, via an email to JM, you stated, I own a tenant finding company our service includes full marketing tenant applications, [and] showings. You were not authorize to provide these services. Through your actions, you held yourself out as an authorized industry member and, therefore, your conduct was contrary to section 17(d) of the Real Estate Act Rules. b) On or around July 13 th, 2018, JM provided you with a $550.00 payment in the form of a cheque to the order of McAloney Real Estate. McAloney Real Estate is not an authorized real estate company. By utilizing the phrase Real Estate, and promising services that require authorization, you held yourself out as a properly authorized industry member, contrary to section 17(d) of the Real Estate Act Rules. c) In or around November, 2018, via Facebook account Samantha Myles an advertisement was posted offering your services as a Real Estate Agent associated with Greater Property Group. The advertisement stated, First time home buyer? Call us! Experienced home buyer? Call us! Looking to Rent? Call On this date, you were licenced, however, not authorized to provide services. Your advertisement held you out as an authorized industry member and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. d) In or around November, 2018, via a Google+ account an advertisement was posted offering industry services under the business name McAloney Real Estate. On this date, you were licenced, however, not authorized to provide services. Your advertisement held you out as an authorized industry member

and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. e) In or around November, 2018, an online advertisement promoted you as a Real Estate Agent with Greater Property Group and McAloney Real Estate via the 411.ca website. The advertisement stated, McAloney Real Estate is a trusted real estate company in the Calgary, Alberta area. At McAloney Real Estate we are staffed by a highly skilled team that understands the dynamics of your local real estate market. On this date, you were licenced, however, not authorized to provide services. Your advertisement held you out as an authorized industry member and, therefore, is contrary to section 17(d) of the Real Estate Act Rules. 3. In and around September, 2017 through December, 2018 you advertised and accepted payments for services you were not authorized to perform. Despite being licenced from August 1 st, 2017, you have never been authorized to engage in property management. Your conduct was contrary to section 17(d) of the Real Estate Act Rules: a) In or around July 2018, PJ provided you $383.25 as payment for a tenant locating service. PJ stated, I had Googled her name in July to confirm she was licenced and found she was on your team [Greater Property Inc.] so I was not concerned. Since paying for the service, PJ has not been able to contact you. You failed to provide the services and failed to provide a refund. Your offer of services and acceptance of payment held you out as an authorized industry member even though you were unauthorized. Your b) In or around July 2018, MD provided you $550.00 as payment for a tenant locating service. MD stated that he has attempted to contact you eight separate times requesting a refund. You have not contacted MD or provided him a refund. Your offer of services and acceptance of payment held you out as an authorized industry member even though you were unauthorized. Your c) In or around November 2018, JM provided you $400.00 as payment for a tenant locating service. You have not provided the service and you have not provided JM with a refund. Your offer of services and acceptance of payment held you out as an authorized industry member even though you were unauthorized. Your conduct was contrary to section 17(d) of the Real Estate Act Rules. d) In or around November 2018, CM provided you $650.00 as payment for a tenant locating service. You have not provided the service and you have not

provided CM with a refund. Your offer of services and acceptance of payment held you out as an authorized industry member even though you were unauthorized. Your conduct was contrary to section 17(d) of the Real Estate Act Rules. e) In or around October 2018, JB provided you a payment of $1000 to located and secure a home for himself and his children. You failed to render the service. Your offer of the service held you out as an authorized industry member even though you were unauthorized. Your conduct was contrary to section 17(d) of the Real Estate Act Rules. f) In or around November 2018, you offered WY property management services. WY provided a $300.00 payment to you and you failed to render the services. Your offer of services and acceptance of payment held you out as an authorized industry member even though you were unauthorized. Your The Executive Director considered the following aggravating factors: Aggravating Factors In 2014, you received a warning letter for similar conduct. You are licensed, therefore should know that your conduct required authorization. From September 2017 through December 2018, there have been multiple instances of similar conduct. Despite numerous attempts to contact you via email, phone, and letter, you have failed to cooperate with the investigation. You have utilized the names and reputations of actual real estate companies to perpetuate your unauthorized conduct and bolster your reputation in the eyes of the public. Numerous members of the public have been negatively impacted by your conduct. Appeal

You have the right to appeal this Administrative Penalty to a Hearing Panel. See section 83.1 of the Real Estate Act for what you must do to appeal. In an appeal you will be given a full opportunity consistent with procedural fairness and natural justice to present evidence before the Hearing Panel in relation to the contraventions alleged. Your written notice of appeal must comply with section 83.1 and must be received by the Executive Director within 30 days of you receiving this Administrative Penalty. If you appeal, payment of the Penalty will not be required until an order to pay a penalty is issued by the Hearing Panel. If you have any questions regarding particulars or the appeal process, please contact: Name: AB, Professional Conduct Review Officer Phone: 403.228.2954; Toll Free: 1.888.425.2754 Fax: 403.228.3065 Address: Real Estate Council of Alberta Suite 202, 1506 11 Avenue SW Calgary, Alberta, T3C 0M9 Issued at Calgary, Alberta, on December 14, 2018. Charles Stevenson, for Bob Myroniuk, Executive Director of the Real Estate Council of Alberta