Kamloops realtor suspended, fined for not ensuring strata property was pet-friendly

Feb 27, 2019 | 1:41 PM

KAMLOOPS — A local realtor has been fined and had her licence suspended for two weeks due to “professional misconduct,” according to a Real Estate Council of BC disciplinary decision.

Kelly Lee Provencher didn’t ensure that the property sold to her clients was pet friendly, the decision states, although she knew or ought to have known it was an important feature for her client.

The council also says Provencher advised her client that the pet restriction in the property disclosure statement was a “standard clause”, without doing any independent verification of the full extent of the restriction.

On top of those infractions, the council says Provencher didn’t obtain a copy of the strata bylaws and rules, which set out a pet restriction prohibiting dogs on the property.

Kamloops and District Real Estate Association (KADREA) president Doren Quinton says he can’t specifically comment on the case itself, but says both realtors and buyers have responsibilities when it comes to purchasing a home.

“Realtors have to act in the best interest of their clients and if that includes getting information on pets or other restrictions,” Quinton says. “It is important for the client as well to make sure that all information is accurate, to communicate with their realtor exactly what’s important to them.”

“It does become difficult as a realtor if clients don’t give you all the information that is important to them or relevant information that may pertain to a particular strata. It becomes difficult to make sure that all of the restrictions don’t affect them in a negative way.”

Quinton says if a client has purchased a property that has restrictions which would negatively impact their lives, some stratas can be forgiving.

“That’s up to the strata,” he says. “Some are very stern in their rules which is obviously their prerogative. Again it varies by strata — there may be some allowances but overall the rules are there for a reason and they certainly have the right to enforce their rules.”

Quinton says sometimes realtors get a bad rap, but overall they are in the industry to serve the best interest of their clients.

“We have a lot of education to make sure that realtors are providing a professional service, we try to keep services up to a level that our clients deserve, and we will continue to do so,” he says. “And mistakes are made, obviously there’s going to be penalties attached to that, and if there is someone that’s blatantly not acting in the interest of their client, certainly we want to take care of that.”

Provencher’s licence is suspended for 14 days starting on March 6. She also must pay a $2,500 fine to the council, and pay $1,500 in enforcement expenses to the council.