B.C. Realtors fined $200K for failure to disclose relevant information to clients

Two B.C. real estate agents have been fined a combined total of more than $200,000 for professional misconduct they committed during the sale of a waterfront property on the Sunshine Coast in 2017.

Two B.C. real estate agents have been fined a combined total of more than $200,000 for professional misconduct they committed during the sale of a waterfront property on the Sunshine Coast in 2017.

Joel Patrick O'Reilly and Denise Anne Brynelsen acted as dual agents in the transaction, representing both the sellers and the buyers, according to a consent order with the B.C. Financial Services Authority, which was published online last week.

The property in question was home to an 800-square-foot cabin and a dock, both located on the foreshore in Pender Harbour, B.C. The foreshore is the space between the high and low tide watermarks in a body of water. In British Columbia, it is Crown land.

The cabin was built "in or around the 1960s and was originally a shed-type structure," according to the consent order.

"During their ownership, the sellers completed, without permits and/or authorizations from the Sunshine Coast Regional District (SCRD), a major remodeling of the cabin into a residence," the order reads, adding that the sellers had corresponded with the province about the property and signed an agreement in 2010 acknowledging that the cabin could not be used as a permanent residence.

While the sellers did not communicate this limitation to O'Reilly and Brynelsen, the Realtors inquired with "a foreshore tenancy consultant" on behalf of a prospective buyer, and were informed that the cabin was "not legalized" and was a "non-conforming use."

The email sent to the consultant by a provincial official, which is quoted in the consent order, went on to say that "generally speaking, such a use on Crown foreshore is contrary to provincial policies and likely would not be approved."