위니펙의 한 부동산 중개인이 업무상 위법인 “기만적인 거래” 행위로 면허를 박탈당했다.
Manitoba Securities Commission(MSC)는 4월 17일 공개한 자료 (Hearings and Proceedings)에서 부동산 중개인 Reginald Wayne Kehler가 주택 판매자에게 알리지 않고 판매가격을 할인했으며, 판매가 종료되기 2일전까지 그의 고객인 잠재 구매자가 합의된 100,000 달러의 보증금을 마련하지 못했다는 사실을 판매자에게 알리지 않았다고 했다.
MSC는 11 페이지 분량의 결정문에서 Kehler의 행동을 “거래에서 중개인이 리스팅과 판매 대리인이 되었을 때 발생할 수 있는 함정을 보여주는 것”이라고 했다. MSC는 “만약, 판매자가 다른 대리인을 사용했더라면, 보증금을 마련하지 못했다는 사실을 더 일찍 알았을 것이고, 그 정보에 따라 조치를 취했을 것” 이라고 했다. “부동산 중개인 Kehler는 다른 중개인들과 거래를 공유하는 대신에 자신이 수수료 전체를 유지하기 위해 판매자에게 전체 내용을 공개하는 대신에 구매자에게 보증금 지불을 연장하는 방법을 선택했다.”는 것 또한 MSC의 설명이다.
부동산 중개인 Kehler는 2020년 여름 오타와로 이사하기 전에 63 Bramble Drive에 있는 주택을 판매하려는 부부의 중개인으로 지정되었다. 판매자들은 6월 15일 570,000 달러에 판매를 하기로 하면서, 72시간내에 100,000 달러의 보증금 그리고 7월 15일 잔금을 지불과 함께 소유권을 이전한다는 계약서에 서명하였다.
판매자 부부는 7월 13일 오타와로 가는 도중에 보증금이 아직 입금되지 않았다는 사실을 부동산 중개인으로부터 들었다. 그리고 부동산 중개인은 부부에게 보증금을 20,000 달러로 줄이고, 거래 마감일을 7월 20일로 연장하면서 5,000 달러를 추가할 것을 제안하였다.
그러나 거래는 성공하지 못했고, 부동산 중개인 Kehler는 7월말 부부에게 574,900 달러에 다시 리스팅할 것을 권하였다. 판매자들은 8월10일 판매가격을 7,000 달러까지 줄이는데 동의했는데, 2주후 온라인으로 확인한 결과 승인도 없이 3,000 달러가 추가로 할인되어져 있었다는 것이 판매자들의 설명이다.
MSC는 결정문에서 “중개인은 판매자가 가격을 낮추는데 동의했는지에 대한 여부는 제시된 증거에서 이견이 있다. 판매자들의 증거와 단호한 부정을 고려했을 때, 부동산 중개인이 임의로 리스팅 가격을 낮출 권한은 없다.”고 했다.
판매자들은 2020년 9월 부동산 중개인을 변경하였고, 해당 주택은 4개월 뒤 517,500 달러에 판매되었다. MSC는 결정문에서 판매자 부부가 주택 매매에서 입은 손실을 31.183 달러로 산정하였다.
판매자들은 부동산 중개인이 소속된 Re/Max Professionals를 상대로 소송을 제기했고, 보험사에 회부되었다. 판매자들의 주장은 받아들여지지 않았지만, 부동산 중개인 Kehler가 판매자와 구매자 양쪽을 대리함을 인정하는 문서가 발견되었다. 판매자들은 그 문서를 본적이 없다는 말을 하였고, 부동산 중개인은 판매자들의 동의를 얻어 그들의 이름에 서명한 것으로 MSC에 말하였다.
MSC는 판매자에게 Real Estate Reimbursement Fund에서 10,400 달러를 지급하고, 부동산 중개인 Kehler에게는 면허 취소 그리고 MSC 비용 12,075 달러를 지불하도록 명령했다.
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