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Agency & Professional EthicsBCHARD

A licensee operating through a personal real estate corporation (PREC) is found to have committed professional misconduct. Under RESA, which parties may face disciplinary action by BCFSA?

Correct Answer

C) The individual licensee, the PREC, and potentially the managing broker who failed to supervise

Real Estate Services Regulation s. 10.9 makes a PREC and its controlling individual answerable for each other's professional misconduct, so both can be disciplined under Part 4 of RESA. The managing broker, who is responsible under RESA s. 6(2) for supervising the brokerage's licensees, can also be disciplined if the misconduct reflects a failure to supervise.

Answer Options
A
Only the PREC, since it holds the licence under which services were provided
B
Only the individual licensee, as the PREC is merely a corporate vehicle
C
The individual licensee, the PREC, and potentially the managing broker who failed to supervise
D
Only the managing broker, who bears ultimate responsibility for all licensee conduct

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Key Terms

PRECReal Estate Services Regulation s. 10.9controlling individualmanaging broker supervisionprofessional misconduct
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