The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
As of December 17, 2013: On January 21, 2013 Kevin James Cheale, Horizon Realty Ltd. (KelCom) dba Coldwell Banker Horizon Realty (KelCom), Kelowna, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in his capacity as a rental property manager for property located at Candalera Place, West Kelowna, when he:
(a) contrary to sections 3-3(1)(c) and 5-1(1)(b) of the Council Rules, acted outside the scope of his authority and without the knowledge or consent of the client,
when he failed to execute a new property management agreement with the client for the new rental property. Instead, he relied upon and used a previously
executed service agreement that had been used for another of the client's properties, overwriting its text to reflect the new rental property information;
(b) contrary to section 5-2 of the Council Rules, failed to provide the client with a service agreement, immediately on execution of same; or in the alternative, failed
to immediately provide the client with a copy of the previous service agreement;
(c) contrary to section 5-4 of the Council Rules, failed to promptly provide the client with copies of the executed residential tenancy agreements; and
(d) contrary to sections 3-3(1)(a), 3-3(1)(f) and 3-4 of the Council Rules, failed to inform the client in a timely manner that a security deposit and/or any requisite
rental payment(s) were not obtained from the tenant(s).
As a result: Kevin James Cheale was reprimanded, and was ordered to pay a discipline penalty to the Council in the amount of $1,000.00, successfully complete the Rental Property Management Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,250.00.
NOTICE: You can SUE THIS JERK IN CIVIL COURT FOR DAMAGES. IF YOU WERE RIPPED OFF BY THIS MAN AND HIS BROKER COLDWELL BANKER THEY ARE ALL ON THE HOOK FOR SERIOUS $$ TO YOU ! IF REMAX HAD A COMMON SENSE THEY WOULD GET RID OF HIM ASAP. THIS IS A LEGAL MESS LOOKING FOR PLACE TO HAPPEN.
If you have been cheated by this man at any time contact the following people and file a report. There is NO time Limit.