| THE REAL ESTATE BROKERS ACT | ) |
Order No. 3228 |
) |
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| Section 11(1) | ) |
January 29, 2001 |
PHYLLIS MARIE CARUK
WHEREAS:
(A) A hearing (the "Hearing") was held by The Manitoba Securities Commission (the "Commission") on October 26, 2000 and continued on November 21, 2000 pursuant to a Notice of Hearing and Statement of Allegations of Staff dated April 17, 2000 to consider:
(i) whether or not it is in the public interest to order, pursuant to subsection 11(1) of The Real Estate Brokers Act (the "Act"), that the registration of Phyllis Marie Caruk ("Caruk") as a salesman under the Act be suspended or cancelled;
(ii) whether or not it is in the public interest to order that Caruk pay the costs of the investigation and the hearing;
(iii) such further and other matters and the making of such further and other orders as the Commission may deem appropriate;
(B) After reading the Notice of Hearing and Statement of Allegations of Staff and upon hearing the evidence and submissions of staff and of Caruk, the Commission issued Reasons for Decision with respect to the Hearing dated January 17, 2001;
(C) In the opinion of the Commission it is in the public interest to make this Order;
IT IS ORDERED:
1. THAT, pursuant to subsection 11(1) of the Act, a written reprimand will be placed on Caruk's registration file. A reprimand is placed on Caruk's registration file on the condition that Caruk enroll in and successfully complete:
(a) Unit 2: Representing the Seller;
(b) Unit 3: Representing the Buyer; and
(c) Unit 5: Drafting Offers
in Phase 3: Real Estate as a Professional Career, of the Salesman's Course of The Manitoba Real Estate Association by December 31, 2001.
2. THAT, failure to comply with paragraph 1 above will result in the suspension of Caruk's registration for a period of 90 days.
3. THAT, Caruk pay to the Commission costs in the amount of $1,000.00.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement