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Regulatory ComplianceBCMEDIUM

Under the Real Estate Services Act, what can happen to an individual who provides trading services in BC without a required licence?

Correct Answer

D) Up to $1.25 million or 2 years' jail, or both, and no suing for fees

Unlicensed activity breaches RESA s. 3 and is an offence under s. 118; under s. 119(2) an individual faces, on a first conviction, a fine up to $1.25 million, imprisonment up to 2 years, or both. Section 4 also bars an unlicensed person from suing for remuneration. Separately, the superintendent may impose an administrative penalty of up to $250,000 on an individual under s. 49.

Answer Options
A
An offence carrying a fine of up to $250,000 or imprisonment, and all their contracts voidable
B
Only a verbal warning from BCFSA for a first incident of unlicensed trading
C
Automatic grandfathering into a licence once the person applies after the fact
D
Up to $1.25 million or 2 years' jail, or both, and no suing for fees

Why This Is the Correct Answer

Sections 118-119 make unlicensed trading an offence with those maximums, and s. 4 prevents recovery of remuneration.

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Key Terms

unlicensed activityRESA s. 118RESA s. 119administrative penalty
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