IN THE MATTER OF. THE REAL ESTATE ACT, C. R-l.3 AND IN THE MATTER OF REGINALD KOTLAR DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION

Similar documents
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

IN THE MATTER OF. THE REAL ESTATE ACT, Cs R-l.3 AND IN THE MATTER OF DAN TORWALT

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 KATHERINE CROWE DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

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

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

IN THE MATTER OF THE REAL ESTATE ACT, C. R-1.3 IN THE MATTER OF ELAINE ELDER

AND. IN THE MATTER OF VAl'mA SHAW DECISION OF THE. SASKATCHEWAN REAL ESTATE COlVIMISSION. Commission File: #

DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION AND CONSENT ORDER

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 WILLIAM BARKAIE

Real Estate Council of Ontario DISCIPLINE DECISION

Real Estate Council of Ontario DISCIPLINE DECISION

Real Estate Council of Ontario DISCIPLINE DECISION

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

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

ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790 X 3 DISCIPLINARY ACTIONS TABLE OF CONTENTS

H 7478 S T A T E O F R H O D E I S L A N D

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

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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Non-official translation

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

INSURANCE DEPARTMENT OF BANKING AND INSURANCE DIVISION OF THE NEW JERSEY REAL ESTATE COMMISSION REAL ESTATE COMMISSION

SC REAL ESTATE COMMISSION.

S 0168 S T A T E O F R H O D E I S L A N D

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

MAI Esq s on Appraiser Defense Appraisal Institute National Conference Nashville, TN Tuesday, July 31 st Afternoon Session

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

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

ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790-X-3 DISCIPLINARY ACTIONS TABLE OF CONTENTS

The trusted source for Lowcountry real estate information for more than 100 years CharlestonRealtors.com

Real Estate Council of Ontario DISCIPLINE DECISION

BYLAWS OF ASSOCIATION TECHNOLOGY SERVICES, INC.

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012

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

Before You File an Ethics Complaint

M A N I T O B A ) Order No. 81/04 ) THE PUBLIC UTILITIES BOARD ACT ) June 1, 2004

COMMERCIAL PURCHASE CONTRACT

Ombudsman Toronto Enquiry Report. Enquiry into the City of Toronto's Handling of a Building Permit for Construction of a House.

Filing an Ethics Complaint. Procedures and FORM #E-1

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

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

Chapter 1. Questions Licensees Frequently Ask the Commission

IMPORTANT INFORMATION BEFORE FILING AN ETHICS COMPLAINT Many ethics complaints result from misunderstanding or a failure in communication.

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

2012 All rights reserved

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF RUSSELL JOHN KING CONSENT ORDER

Lesson Eight: Clarifying Agency Relationships

IC Chapter 10. Real Estate Agency Relationships

City of Chicago Department of Buildings RULES AND REGULATIONS FOR ANNUAL INSPECTION CERTIFICATION CONVEYANCE DEVICES

OVERVIEW: Filing an Ethics Complaint

Real Estate Council Of Ontario. Regulatory Digest

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.

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

COMMERCIAL BUYER/TENANT REPRESENTATION AGREEMENT

REAL ESTATE & TRUST ACCOUNT REQUIREMENTS & MANAGEMENT

CONTRACT OF PURCHASE AND SALE INFORMATION ABOUT THIS CONTRACT

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

Agency Duties. Objectives. Upon completion of this section the student should be able to:

CONTRACT OF PURCHASE AND SALE INFORMATION ABOUT THIS CONTRACT

Professional Standards Complaint Form

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF KEVIN DONALD DUGUID CONSENT ORDER

NZQA Expiring unit standard version 4 Page 1 of 5

SBAOR REALTOR Membership Application Process

AGREEMENT GRANTING A SOLE AND EXCLUSIVE MANDATE TO SELL ENTERED INTO BY AND BETWEEN

Here is the actual law (In English) on who is eligible to obtain a real estate license in Panama.

Real Estate Council Of Ontario. Regulatory Digest

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

South Carolina General Assembly 119th Session,

a transaction REPRESENTED BY Specimen (hereinafter called the AGENCY or the BROKER ) (hereinafter called the LESSEE ) DATE

City of Toronto Act, 2006 Public Notice

CONFIRMATION OF REPRESENTATION In representing the parties in the negotiations for the purchase and sale of the Property:

Rental Application (PAR Form RA) and. Rental Application for Landlord Agents (PAR Form RALA)

COOPERATION BETWEEN BUILDERS AND REAL ESTATE BROKER/AGENTS

WB-36 BUYER AGENCY/TENANT REPRESENTATION AGREEMENT

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

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

REAL ESTATE PURCHASE CONTRACT *

The Principal Broker. Has complete responsibility for everything that happens in the firm.

Real Estate Council of Ontario DISCIPLINE DECISION

IC Chapter 11. Appraisal Management Companies

SDLT WORDING AND PROCEDURES Practice Note re Lease Transactions and Lending Transactions

Dispute Resolution Services Residential Tenancy Branch Office of Housing and Construction Standards Ministry of Housing and Social Development

APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

IN THE MATTER OF THE LEGAL PROFESSION ACT, 1990 AND IN THE MATTER OF SUSAN RAULT, A LAWYER OF WATROUS, SASKATCHEWAN AGREED STATEMENT OF FACTS

THE PROCESS OF CONVEYANCING (The Business of Buying and Selling)

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

S 0543 S T A T E O F R H O D E I S L A N D

CHAPTER 1482 RENTAL DWELLINGS DEFINITIONS. As used in this chapter:

RECOMMENDED FORM PROMISE TO PURCHASE IMMOVABLE

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

THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. DRAFT

Agreement of Purchase and Sale

VERMONT REAL ESTATE COMMISSION REAL ESTATE BROKERAGE INSPECTION REPORT

The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning. Donald Eric Linge.

Transcription:

IN THE MATTER OF THE REAL ESTATE ACT, C. R-l.3 AND IN THE MATTER OF REGINALD KOTLAR DECISION OF THE SASKATCHEWAN REAL ESTATE COMMISSION Commission File: #2009-02 Before: Appearances: A Saskatchewan Real Estate Comn1ission Hearing Committee comprised of the following: Randal C. Touet - Chairperson Larry Gingerich Phillip Mack Ed Miller, on behalf of the Investigation Committee Hearing Date: April 12, 2010 Written Decision: May 11, 2010

The Mitigation Hearing was held April 12, 2010 at the Upper Lounge of the Saskatoon Club, Saskatoon, Saskatchewan before a Hearing Committee ("the Committee") of the Commission. The Statement of Facts and Admissions dated February 2, 2010 provided particulars of Reginald Kotlar's violation and admissions. CHARGE and ADMISSION OF J\tIISCONDUCT The registrant was charged with and has admitted, in the Statement of Facts and Admissions, to professional misconduct as follows: Contrary to Section 39(l)(c) of The Real Estate Act he breached Bylaw 711 of the Act in that: Between April 30, 2008 and September 2, 2008 (both dates inclusive), Mr. Kotlar failed to adequately review and understand the real estate transaction between two of the registrants for his brokerage where the brokerage represented both the prospective buyers and the seller before authorizing the return of the prospective buyers' deposit. LEGISLATION Section 39(l)(c) of The Real Estate Act: "Professional misconduct is a question of fact, but any matter, conduct or thing whether or not disgraceful or dishonourable is professional misconduct within the meaning of this Act, if it is it is a breach of this Act, the regulations or the bylaws or any terms or restrictions to which the registration is subject." Bylaw 711 states: "A broker or branch manager shall adequately supervise the activities of the registrants and other personnel for whom he or she is responsible. In determining the adequacy of the supervision, the Commission will consider the following factors, but will not be limited to making a determination on these factors alone: (a) whether the broker or branch manager was physically available to supervise; (b) whether the broker or branch manager had established written policies and procedures; (c) whether the broker or branch manager held regular staff meetings to determine that policies or procedures were properly implemented; (d) whether the broker or branch manager had undertaken all reasonable steps to ensure compliance by all salespersons and other personnel; and (e) whether the broker or branch manager took corrective and remedial action when a violation by a salesperson or other personnel was discovered. " FACTS In accordance with subsection 9(4) of The Real Estate Regulations ("the Regulations"), the Committee accepted Reginald Kotlar's Statement of Facts and Admissions, which include the following relevant points: 2

1. Mr. Kotlar has practiced real estate for slightly more than 26.5 years out of the last 34 years and have been registered under the provisions of The Real Estate Brokers Act, 1987 and The Real Estate Act in the Province of Saskatchewan with the Saskatchewan Real Estate Commission as follows: Salesperson - April 11, 1975 to June 30, 1976; Salesperson - August 3, 1978 to December 15, 1987; Salesperson - April 6, 1993 to November 30, 1994; and Broker - Decerrlber 1, 1994 to Present. 2. He has taken the following real estate courses: Pre-March 1976 Licensing Course and Real Estate 350. 3. He completed the continuing professional development senlinars each registration year since 2001-2002. 4. Mr. Kotlar is registered under the provisions of The Real Estate Act as a broker with Norland Realty Ltd. 0/A Sutton Group - Norland Realty (hereinafter "the Brokerage"). 5. During the period of this transaction and commencing April 30, 2008, Mr. Kotlar's brokerage operated under an Exclusive Seller's Brokerage Contract with the Seller, prepared by Agent B. 6. On April 30, 2008 Agent A of the Brokerage assisted the prospective Buyers to write a Residential Contract of Purchase and Sale. Some of the details included: purchase price of $785,000.00; deposit of $10,000.00; $275,000.00 by new mortgage; $500,000.00 balance of cash; subject to Building Inspection by May 10, 2008; subject to Buyers' approval of PCDS by May 10, 2008; and a possession date of September 1, 2008. 7. On April 30, 2008 the Seller signed acceptance to the contract. 8. On May 2, 2008, the prospective Buyers submitted a $10,000.00 deposit cheque in consideration of the contract and the administration team within Sutton Group Norland Realty deposited into the brokerage's real estate trust account on May 5, 2008. 9. On May 6, 2008 between 7:30 and 8:00 p.m., Agents A and B of the Brokerage assisted their respective clients to write and sign acceptance to an Amendment to the Residential Contract of Purchase and Sale form as part of the contract. The amendment listed six (6) repairs to be conducted upon the Property by the Seller and stated: "for details see inspection report." Agents A and B failed to write into the contract a completion date for the Seller's repairs to the Property. 3

10. On May 6, 2008 between 7:30 and 8:00 p.m., Agents A and B assisted their respective clients to write and/or sign acknowledgement to a Notice to Remove Conditions on Residential Contract of Purchase and Sale form that in part stated: "All conditions are removed when the Amendment to the Residential Contract of Purchase and Sale form is signed by the seller and repairs are reviewed by the buyers." 11. Unknown to all parties at the time; the May 6, 2008 docunlents remained unclear as to whether or not the prospective Buyers removed conditions given that the prospective Buyers added an additional term to the Notice to Remove Conditions on Residential Contract of Purchase and Sale form stating that "and repairs are reviewed by the buyers. " 12. On August 29, 2008 Agent B facilitated a viewing of the Property for Agent A, her prospective Buyers and their home inspector. 13. On Sunday, August 31, 2008 (one day before possession) the prospective Buyers signed and subnlitted a Notification Conditions Have Not Been Satisfied Or Removed In Writing form stating in part that "the conditions have not been satisfied and have not been waived in writing" and demanding immediate return of the $10,000.00 deposit. 14. On the morning of Tuesday, September 2, 2008 (the first business day after the long weekend), Agent A delivered a copy of the Notification Conditions Have Not Been Satisfied or Removed in Writing form to the Brokerage's fornler conveyance officer. The said conveyance officer telephoned Mr. Kotlar with the information and the request for the immediate return of the deposit. Mr. Kotlar further spoke by telephone with Agent A who conveyed to him the fact that the prospective Buyers had not removed conditions as the Seller had not completed the required repairs. 15. At no time from August 31, 2008 and through September 2, 2008 did Mr. Kotlar speak with Agent B or receive notification from Agent B that the Seller intended on contesting the return of the deposit. 16. Based on the best available written information available to Mr. Kotlar and the Brokerage on September 2, 2008, he authorized the return of the prospective Buyers' deposit. At no time before authorizing the deposit return did Mr. Kotlar make an effort to contact Agent B to discuss the file status nor was he in a position to personally review the file prior to authorizing the deposit return. 17. Some days after Mr. Kotlar released the deposit to the prospective Buyers, he received a telephone call from the Seller who stated he had a dispute with the return of the deposit. 18. Mr. Kotlar acknowledged that the May 6, 2008 Amendment To Residential Contract Of Purchase And Sale and Notice To Remove Conditions On Residential Contract Of Purchase And Sale forms should have been more clearly written. During the times that Mr. Kotlar or the Brokerage's management team reviewed the file between May 6, 4

2008 and Septernber 2, 2008 they failed to catch the nlistakes that ultimately led to the release of the prospective Buyers' deposit. REPRESENTATIONS The Investigation Committee representative, Ed Miller, confirmed that the Complainant was the Seller, as represented by Agent B of the Brokerage. He confirmed that the facts were not in dispute. The problem occurred on May 6 th, 2008, when the unclear documentation was created. Mr. Miller said that the error was not caught by a review of the documentation by Mr. Kotlar's advisory staff. He stated that the issue was not about the return of the deposit, but rather the unclear documentation that led to the problenls between the Buyers and the Seller. The Investigation Committee recommended a letter of reprinland and a fine in a minimum amount of One Thousand ($1,000.00) Dollars. Mr. Miller suggested that this would impress upon Mr. Kotlar and all registrants the importance of preparing clear and concise documents. Mr. Miller suggested that the mitigating factors for Mr. Kodar were his co-operation in the investigation, his admission of his error and that he plead guilty to the charge. The aggravating factor is the unclear contract which canle into being under his supervision. Mr. Miller suggested that Mr. Kotlar should have noticed the problem earlier and should have taken steps to resolve it before the deposit was released. Mr. Miller referred the Hearing Committee to the Kevin Wouters file (2008-54) where Mr. Wouters received a $1,500.00 fine for breach of this Bylaw 711. He said that the facts in Mr. Wouters' case showed a more blatant non-supervision than in this nlatter. Mr. Kotlar was not present at the hearing. He did file a letter with the Conlll1ission ahead of the Hearing. Mr. Kotlar admited that he, "...was looking nlore at the documentation that the conditions had not been met. We had inspection reports indicating that the work had not been completed." He gave no further explanation for the lack of supervision. DECISION In accordance with the Act and Regulations, the Comnlittee made the following orders: a) Pursuant to clause 38(1)(f) of the Act, that Reginald Kotlar receive an order of reprimand for the violation of Bylaw 711 of the Act ; b) Pursuant to subclause 38(2)(a)(i) of the Act, that Reginald Kotlar, prior to June 30, 2010, pay to the Saskatchewan Real Estate Commission, a $2,500.00 fine for the said violation of the Act; and c) Pursuant to clause 38(2)(b) of the Act, that Reginald Kotlar's registration shall be suspended if he fails to pay any portion of the fine within the said period of time. 5

RATIONALE The Committee, in considering the disciplinary action, considered Reginald Kotlar's previous sanction history and the length of time he has been in the real estate industry. lack of The Hearing Committee felt that the issue is the lack of review of the matter and failure to see the potential issues that were created by the unclear manner in which the doculnentation was left. As the broker supervising the agents in the Brokerage, Mr. Kotlar should have a process in place to ensure that the conditions in a trade in real estate contract are clear and verifiable. It is this lack of clarity which has lead to the dispute between the Seller and the Buyers. The consequences of the lack of clarity in trades in real estate may include disputes between registrants, the public losing faith in registrants' ability to assist them in closing a transaction and legal action being required to resolve matters. This is the responsibility of the broker according to Bylaw 711, "...to adequately supervise the activities of the registrants and other personnel for whom he or she is responsible." It is apparent that this did not occur in this n1atter, leading to problems between the Buyers and the Seller. The Committee wants to ensure that all brokerages realize the importance of Bylaw 711. It is their duty to supervise. This may mean having systems or supervisory personnel in place to n1ake sure it can occur. The public expects this supervision to be taking place and all registrants should be conscious that they are responsible for proper drafting of contracts and the brokerages must know that they are happening within their brokerage. The brokers can only know this if they undertake appropriate and adequate supervision of the people in the brokerage. This is a n10re serious situation than the Wouters case as there was no supervision of the contract and this lack of supervision has significant ramifications to the parties. The Committee feels a strong fine is required to ensure public confidence in the supervision of registrants by the Commission and to send a strong message to all registrants that supervision by brokerages is their responsibility and it will be enforced by the Commission. 6