IN THE MAnER OF THE REAL ESTATE SERVICES ACT CLAUDIO ALFONSO BARBERO-MONTAGNA DANIEL..JOSEPH McCORMICK FINE INTERIOR RENTALS CONSENT ORDER UNDER SECTION 49(3) OF THE REAL ESTATE SERVICES ACT The following agreement has been reached between Claudio Alfonso Barbero Montagna ("Barbero-Montagna"). Daniel-Joseph McCormick ("McCormick") and Fine Interior Rentals ("FIR") and the Superintendent of Real Estate (the "Superintendent"): A. ORDERS Barbero-Montagna, McCormick and FIR consent to, and the Superintendent makes, the following order pursuant to section 49 of the Real Estate Services Act (the ~Acn : 1. The hearing scheduled to take place on June 24.2009 is cancelled. 2. The order of the Acting Superintendent of Real Estate made March 26, 2009 is varied such that Barbero-Montagna and/or FIR shall be permitted to provide real estate services in British Columbia once each has been licensed to do so by the Real Estate Council of British Columbia, pursuant to the provisions of the Act. 1
B. FACTS AND ADMISSIONS As the basis for this Order, Barbero-Montagna, McCormick and FIR acknowledge the following facts as correct and make the following admissions: 1. FIR is not a registered company in British Columbia. 2. FIR is the name used by Barbero-Montagna and McCormick for their business which involves the rent, and sale, of high end furnished and unfurnished apartments. FIR's website, which is controlled by Barbero Montagna and/or McCormick, advertises apartments for sale and/or rent. 3. The apartments advertised on FIR's website belong to Barbero-Montagna and/or McCormick and by offering to lease and/or sell those units which they own, neither FIR, nor Barbero-Montagna nor McCormick have breached the provisions of the Act. 4. On February 25, 2009, Todd Fookes ("Fookes"), a member of the Superintendent's Staff (the "Staff'), sent a pretext email to Barbero Montagna at claudiobarberomontagna@novuscom.net posing as a retiree, living in San Diego, searching for a place to stay in Vancouver. Barbero Montagna responded to Fookes' email on February 25, 2009, answering the questions Fookes had posed in capital letters, as follows: "Hi... I APPRECIATE YOUR INTEREST IN ONE OF MY PROPERTIES. I am curious about what services you provide before and after I find suitable accommodations? I DO NOT QUITE UNDERSTAND YOUR QUESTION. I WOULD PROVIDE YOU WITH ACCOMMODATION. THAT'S WHAT I DO. Are these places that you own and are looking to rent out, or are you looking after the properties for somebody else? THEY ARE MINE, I OWN THEM Also, how are you compensated for the service you provide? BY A MONTHLY RENT Do I pay you up front, or are you compensated through the monthly rent?? YOU WOULD HAVE TO PAY FOR A SECURITY DEPOSIT + 1 ST MONTH RENT BEFORE YOU MOVE IN AND AFTER THAT YOU WOULD PAY A MONTHLY RENT I GET THE FEELING YOU MAY BE LOOKING FOR AN INDEPENDENT RELOCATION COMPANY THAT MAY HELP YOU GET RELOCATED HERE IN VANCOUVER. IF THAT'S WHAT YOU NEED, PLEASE LET ME KNOW AND I'LL BE GLAD TO REFER YOU TO A GOOD ONE. 2
SINCERELY, Claudio Barbero-Montagna..." 5. On March 3, 2009, Fookes sent a second pretext email to Barbero Montagna at c1audiobarberomontagna@novuscom.net, this time posing as the owner of a condo in Yaletown who would be leaving Vancouver for a 2-year period, and who wanted someone to act as a property manager in his absence. In his response of March 3, 2009, Barbero-Montagna wrote: "Once J see photos of your place, I would be better able to tell you if I could market it for you. I try to be consistent with the product I offer so it would have to relate, somehow, to the rest of my portfolio. Once we have determined that, I would take your property on a "non exclusive" basis (I encourage you [sic] expose it to other agents) by advertising it on my web-site. If I get you the tenant, I would charge you a commission of 10% of your monthly income (charged on a monthly basis). If you wanted me to do management (take care of anything the tenant needs), I would charge you 5% on top for a total of 15% of your monthly income." 6. On March 4, 2009, Fookes wrote Barbero-Montagna a second email in response to the above, to which Barbero-Montagna replied that same day. Below is a copy of that correspondence, with Barbero-Montagna's answers to Fookes' questions in capital letters: " How long have you been providing Property Management services? SINCE 1992 Co you employee [sic] other staff, or do I trust you to look after things yourself? MYSELF AND THEN I HAVE TRADES PEOPLE SUCH AS PLUMBER, ELECTRICIAN, ETC... Could you provide me with any references from previous clients? I WOULD NEED TO SEE IF YOUR APARTMENT FITS IN MY PORTFOLIO AND THEN I'LL BE GLAD TO PROVIDE YOU WITH REFERENCES. I'm a little nervous about having my home looked after by somebody else, so I just want to make suere r have found somebody that I can really trust! MAY BE YOU SHOULD NOT RENT IT THEN, MAY BE YOU SHOULD LOCK [T UP AND KEEP IT VACANT. Thanks again for your time! YOU ARE WELCOME CLAUDIO 7. Neither FIR, nor Barbero-Montagna nor McCormick is licensed to provide real estate services under the Act. 3
Jun 16 2008 6:40PM HP LASER JET FAX --~------------- p. 1 Dated at, British Columbia, this / ~ day of ~ I 2009. ~~~'A~ Daniel-Joseph McCormick 5