- (a) marketed and sold Alberta development units in British Columbia, without a disclosure statement for those units filed with the Superintendent of Real Estate in British Columbia;
- (b) received deposits in British Columbia, from British Columbia residents and forwarded them to the developer’s Alberta sales centre with the expectation that they would be provided to an Alberta lawyer, rather than ensuring that the deposits were held in a trust account in a savings institution in British Columbia;
- (c) failed to act in the best interests of the buyers and disclose all known material information about the property, including the fact that the development was being marketed in British Columbia without a disclosure statement filed with the Superintendent of Real Estate or that their deposit monies might be at risk once the deposits were paid out of the trust of the developer’s lawyer to the developer, contrary to sections 3-3(1)(a) and 3-3(1)(f) of the Council Rules;
- (d) failed to disclose the nature of the representation that she was providing to the buyers, whether she was providing real estate services on behalf of the developer and receiving remuneration from the developer, contrary to section 5-10 of the Council Rules;
- (e) failed to disclose, in writing, prior to the buyers entering into contracts for the purchase of the property, the source and amount of the remuneration she received or anticipated receiving, contrary to section 5-11 of the Council Rules;
- (f) permitted A.H.’s name to be placed on each of the contracts she wrote when A.H. was not providing real estate services to the buyers prior to the acceptance of the buyers’ contracts for purchase of the properties, contrary to section 3-4 of the Council Rules; and
- (g) failed to submit the trade records for the D.R. and R.R. transaction, the D.M. and M.M. transaction and the Y.H. Inc. transaction to the brokerage, contrary to section 3-2(1) of the Council Rules.
But here's the rub.
The RECBC order doesn't identify Janet Frost as working with MAC Marketing Solutions at the time of the misconduct. Instead it links her to Maverick Real Estate Corporation of Delta:
Issue: Janet Marie Kathleen Frost, representative, entered into a Consent Order with the Council that, while licensed with Maverick Real Estate Corporation, Delta, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she failed to act with reasonable care and skill, in relation to a development in Calgary.
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