In this article, we are going to discuss about an interesting case, which is against a realtor named Andrew Mclane. This case against Andrew Mclane was made by the real estate council of British Coumbia. The date of review meeting and consent order were both 30th November, 2018. The consent order review for the case against Andrew Mclane committee are: L. Hrycan, E. Mignosa and R. Wong.
It was found that Andrew Charles McLane and Andrew McLane Personal Real Estate Corporation committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act (RESA), and now the committee orders that:
Andrew Charles McLane and Andrew McLane Personal Real Estate Corporation have Andrew Mclane’s licence suspended for a period of seven (7) days
Andrew Charles McLane and Andrew McLane Personal Real Estate Corporation be prohibited from acting as an unlicensed assistant during Andrew Mclane’s licence suspension period
Andrew Charles McLane and Andrew McLane Personal Real Estate Corporation be jointly and severally liable to pay a penalty to the Council in the amount of ,000 within ninety days from the day the order has been issued against Andrew Mclane
Andrew Charles McLane, at Andrew Mclane’s expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course. This course is provided by the Sauder School of Business at the University of British Columbia and should be completed by Andrew Mclane in the given time frame as directed by the Council
Andrew Charles McLane and Andrew McLane Personal Real Estate Corporation be jointly and severally liable to pay enforcement expenses to the Council in the amount ,500 within sixty date of issue of this order in the case against Andrew Mclane
If Andrew Charles McLane and/or Andrew McLane Personal Real Estate Corporation fails to comply with any term of this Order, the Council may suspend or cancel Andrew Mclane’s and Andrew Mclane’s corporation license without further notice, pursuant to sections 43(3) and 43(4) of the Real Estate Services Act.
BACKGROUND AND FACTS
This Consent Order Proposal is made by Andrew Charles McLane (“Mr. McLane”) and Andrew McLane Personal Real Estate Corporation to the Consent Order Review Committee (“CORC”) of the Real Estate Council of British Columbia pursuant to section 41 of the Real Estate Service Act (“RESA”).
For the purposes of the Proposal, Mr.Andrew McLane, on his own behalf and on behalf of Andrew McLane Personal Real Estate Corporation, and the Council have agreed upon the following facts:
Mr. Andrew McLane has been licensed as a representative since 2004
Andrew McLane Personal Real Estate Corporation has been licensed since 2009
Andrew McLane was at all relevant times licensed as a representative with 460 Realty Inc.
This matter arises from Andrew McLane’s conduct with respect to: a. failure to display the office address of Andrew McLane Personal Real Estate Corporation on Andrew McLane’s real estate marketing materials in 2016; and b. false and/or misleading advertising respecting Andrew McLane’s listing of a property in the year 2016 for Andrew McLane Personal Real Estate Corporation
Brokerage Office Address
At all material times, the business address provided by Andrew McLane for 460 Realty Inc. was 1551 Estevan Road, Nanaimo, B.C.
Around the year 2016, Mr. Andrew McLane produced and distributed real estate marketing materials in respect of Andrew McLane’s real estate services. These marketing materials included sales brochures.
Andrew McLane’s sales brochures displayed the name of Andrew McLane’s brokerage as “460 Realty” and the address as “584 Beach Road Qualicum Beach, BC”.
The address of 584 Beach Road was at all material times Andrew McLane’s home address, not the address of the brokerage. The address of the brokerage provided by Mr. Andrew McLane was not displayed on the sales brochures.
Andrew McLane says that he displayed his home address rather than the brokerage address because Andrew McLane worked from home and not from the brokerage office.
On January 30, 2017, 460 Realty opened a new branch office in Parksville, B.C.
Effective February 10, 2017, Andrew McLane became a licensed representative with the Parksville branch office of 460 Realty. Andrew McLane subsequently amended his marketing materials to display the address of the Parksville branch address of the brokerage.
