Break and Enter without Masks

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RECO Discipline

This time we are looking at Covid issues as well as the fraudulent release of the Lockbox Code. The prospective Buyers went in on their own, without masks.

Attendance: 1 April 2021

Complaint: By Broker of Record for Listing Brokerage

Decision: 17 June 2022

Fine: $5,000.00

Courses: 2 (90 minutes each)

Time to Pay: 17 February 2023

Breach of Code:

Fairness, honesty, etc.

3 A registrant shall treat every person the registrant deals with in the course of a trade in real estate fairly, honestly, and with integrity.

Unprofessional conduct, etc.

39. A registrant shall not, in the course of trading in real estate, engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional, or unbecoming a registrant.

Comment

This time, no mention of s.38 which includes “fraud”.

Were the Sellers vulnerable to Covid? Actually, did they get Covid from this attendance? Did they pass Covid on to anyone else as a result of this attendance?

Actually, there is nothing in the reasons set forth by RECO. Maybe someone died? Remember this was before a great many were vaccinated. Lots of people were dying at this time. The first vaccines in Ontario were not administered until 14 December 2020. This this “home entry” took place about 3 months later at a time when we were looking at 20 deaths per day.

So, let’s calculate the fine:

$3,500.00 for the lockbox code (break and enter)

$1,500 on top of that for no masks (was that attempted murder or if they didn’t know the people would it simply be negligent manslaugher).

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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