THE REAL ESTATE COUNCIL OF ALBERTA
Case Number: Name on Licence: Licence Type & Class: Brokerage Name on Licence: Process:
Document:
012050 Kelly Kenneth George Baker Real Estate Broker 1983546 Alberta Ltd o/a Re/Max Platinum Realty Section 39 of the Real Estate Act
LETTER OF REPRIMAND
TO: Kelly Kenneth George Baker The Registrar of the Real Estate Council of Alberta (RECA) has determined there is sufficient evidence you have contravened section 80.4(1)(e) of the Real Estate Act Rules and this is conduct deserving of sanction.
Rule 80.4(1)(e) – A property manager broker must: (e) ensure there is an adequate level of supervision for associate brokers or associates, as the case may be, within the brokerage and employees who perform duties on behalf of the brokerage.
Particulars of the contravention(s): 1. In or around April 2021 you failed to ensure there was an adequate level of supervision for employees who perform duties on behalf of the brokerage contrary to section 80.4(1)(e) of the Real Estate Act Rules:
a) In April, 2021 [C.E] entered into a Property Management Agreement with 1983546 Alberta Ltd., O/A Re/Max Platinum Realty to manage his property located at [ADDRESS].
b) Ms. Carmen Reid (Reid) was the unauthorized employee at Re/Max Platinum Realty assisting you with renting the property and dealing with [C.E].
c) Verbal instructions were given by [C.E] to rent the property and the tenants would be responsible for the utilities. [C.E] also requested the property be leased between April and September 2021.
d) On April 9, 2021, Reid drafted a Residential Lease Agreement for your review with the term between April 10, 2021, through September 30, 2022. Reid also drafted a term in the agreement that the utilities were to be covered by the landlord ([C.E]). These terms were errors and did not reflect [C.E]’s instructions.
e) When reviewing the Lease Agreement, you failed to notice the errors in the lease. It was your responsibility to review the lease drafted by your unlicensed assistant.
The Registrar considered the following aggravating and mitigating factors: Aggravating Factors • [C.E] was required to pay the expenses associated to the utilities as a result of the miscommunication that went uncorrected.
Mitigating Factors • The property was rented at a higher rate than [C.E] requested which offset the impact of utilities not being included.
The Registrar will issue a more severe sanction for further similar instances of this conduct.
Appeal You have the right to appeal this Letter of Reprimand to a Hearing Panel under section 40.1(2) of the Real Estate Act. Please refer to Guides on RECA’s website for more information on the appeal process.
In an appeal you will be given a full opportunity consistent with procedural fairness and natural justice to present evidence before the Hearing Panel in relation to the contraventions alleged.
Your written notice of appeal must be received by the Registrar within 30 days of you receiving this Letter of Reprimand. If you have any questions regarding particulars or the appeal process, please contact:
Name: Email: Phone: Fax: Address:
[R.B], Investigator [EMAIL] 403.228.2954; Toll Free: 1.888.425.2754 403.228.3065 Real Estate Council of Alberta Suite 202, 1506 11 Avenue SW Calgary, Alberta, T3C 0M9
Issued at Calgary, Alberta, on August 18, 2022.
“Signature” Charles Stevenson, Registrar Real Estate Council of Alberta