|
Citation |
2026 ABRECA 11 |
|
Decision Date |
February 7, 2026 |
THE REAL ESTATE COUNCIL OF ALBERTA
|
File No |
MMS-06028 |
|
Process |
Disposition by Registrar section 39 & 83 of the Real Estate Act |
|
Name |
Kevin Wade Haller |
|
License |
Real Estate Associate |
|
Industry Council |
Residential Real Estate Broker |
|
Conduct Brokerage |
Twin Oakes Real Estate 1993 Inc. O/A Re/Max House Of Real Estate |
|
Current Brokerage |
Twin Oakes Real Estate 1993 Inc. O/A Re/Max House Of Real Estate |
|
Document |
ADMINISTRATIVE PENALTY |
|
Penalty |
$1,500 |
|
Decision Date |
February 17, 2026 |
|
|
|
TO: Kevin Wade Haller
The Registrar of the Real Estate Council of Alberta (RECA) has determined there is sufficient evidence you have contravened section 41(d) of the Real Estate Act Rules and this is conduct deserving of sanction.
(d) fulfill their fiduciary duties
Particulars of the contravention(s):
1. In or around September 2025 you failed to fulfill your fiduciary duty to your clients, contrary to section 41(d) of the Real Estate Act Rules:
a) In June 20, 2025, your Seller clients signed an Exclusive Seller Representation Agreement (Agreement) with you for the listing of the property located at [ADDRESS]. The listing price was $769,000.
b) On July 14, 2025, the Sellers agreed to reduce the list price by $15,000. On July 16, 2025, an Amendment was signed for the list price to be reduced to $754,000.
c) The advertised price of the property was not reduced. You failed to ensure your clients’ instructions were followed.
d) On September 17, 2025, the Sellers requested a termination of services.
e) On September 17, 2025, you lowered the advertised list price to $754,000. You noticed that the instructions to lower the list price in July were not followed and decided to reduce the listing. You failed to discuss this with your clients and seek their instructions on what they wanted to do given this was two months later and they had communicated they wanted to end services. This was a failure to act in your clients’ best interests.
f) On September 18, 2025, the Sellers again requested immediate termination. The Sellers noticed the price reduction and were upset this was done without consulting them.
g) On September 18, 2025, the Agreement was terminated.
The Registrar considered the following aggravating and mitigating factors:
Aggravating Factors
• You executed the change two months later and after your clients notified you that they wanted to terminate the Agreement. Your actions fall well below the standard expected of seeking informed consent from your clients.
• Had your clients been informed of what happened and your proposed action, they would not have agreed to lower the advertised price on September 17, 2025.
Appeal
You have the right to appeal this Administrative Penalty to a Hearing Panel. Make sure to read the following important information if you intend to appeal
• Section 83.1 of the Real Estate Act
• The attached Information Sheet and
• The Hearing and Appeals Practice and Procedure Guidelines
The Hearing and Appeals Practice and Procedure Guidelines are posted here:
https://www.reca.ca/wp-content/uploads/2018/07/Hearing-and-Appeal-Practice-and-Procedures.pdf
Read the following sections of the Guidelines relating to specific appeals:
• Part 8 for Penalty appeals
If you fail to take steps to initiate your appeal required by section 83.1, within 30 days of receiving this penalty you will lose your right to appeal.
Payment
This Penalty must be paid within 30 days of the date this Notice was issued.
If you fail to pay the Penalty the Registrar may commence collection under section 56 of the Real Estate Act and may suspend your licence under section 38.1 of the Rules.
On Payment of the Penalty
• You will have satisfied the Administrative Penalty and no further proceedings under Part 6 will be taken against you.
• You cannot be charged under section 81 of the Real Estate Act with an offence for the contravention(s) in this Administrative Penalty.
Dated February 17, 2026, at Calgary, Alberta.
“Signature”
Warren Martinson, Registrar
Real Estate Council of Alberta
cc. [D.N], Real Estate Broker
Re/Max House Of Real Estate