Case summaries are published in accordance with section 55 of the Real Estate Act. For full versions of the disciplinary decisions summarized below, visit www.reca.ca and click Complaints & Outcomes > Disciplinary Outcomes > Decisions, are publicized to enhance the transparency of RECA’s disciplinary process and to assure consumers that there is an effective framework in place to deal with breaches of the Real Estate Act. To obtain further information about RECA’s policies and procedures, please call 1-888-425-2754.

administrative penalties

January 2009 – March 2009

• 4 breaches of failing to file brokerage accounting within the allotted time period [s.91(4) of the Real Estate Act Rules]
• 4 breaches of failing to file a Declaration Respecting Absence of Trust Transactions within the allotted period of time [s.92(1) of the Real Estate Act Rules]

Disciplinary Action

January 2009

David Agema, Associate Broker

formerly registered as an associate with Re/Max Real Estate – Lethbridge and currently registered as an associate broker with Top 5 Real Estate Lethbridge Ltd. o/a Prudential Top 5 Real Estate.

Issue:

• Participation in the creation of a false and misleading document [s.4(d) of the Code of Conduct (Oct.1, 1999)]

Facts:

• In a compensation agreement between a client and X Homes, Mr. Agema, dual agent, agreed to provide compensation to the client, including $500 cash.
• In exchange for the $500, Mr. Agema requested that the client create an invoice/receipt for a dishwasher in the amount of $500. 
• Mr. Agema did not provide and never intended to provide such a dishwasher to the client.

Results:The Hearing Panel accepted Mr. Agema’s Admission of Conduct Deserving of Sanction with regards to a breach of s.4(d) of the Code of Conduct, as it was then. The Hearing Panel did not find conduct deserving of sanction on four other allegations that had been brought against him.

The Hearing Panel ordered that Mr. Agema pay a fine of $7,500, costs of $5,741.58 and that he complete an educational requirement.

 

 

 

 

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