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Consent Order
Consent Order
- Licensee
- Maria Arcila Barahona, Maria Fernanda Arcila Barahona
- Brokerage at Time of Sanctioned Activity
- Current Brokerage
- Consent Order Date
- 14 September 2018
Summary
Ms. Arcila, while licensed as a representative with Sutton Group-West Coast Realty, committed professional misconduct, in that she:
- represented herself as the buyer in a contract, when she did not intend to complete the transaction, and in order to conceal the identity of the intended buyer ("Mr. X"); and
- represented herself as the buyer on the contract in order to convince an assignee to enter an assignment and to mislead the assignee as to the involvement of Mr. X in the transaction.
Ms. Arcila also:
- failed to promptly deliver the funds received from the assignee under the assignment to her brokerage;
- misappropriated and/or wrongfully converted all or a portion of the assignment amount, when she deposited it into her personal bank account and disbursed the funds upon the instructions of Mr. X;
- accepted remuneration for real estate services from a person other than the brokerage in relation to which she was licensed
- failed to promptly provide her managing broker with the records in relation to real estate services; and
- failed to keep her managing broker informed of the real estate services being provided and other activities performed.
Results
A discipline committee of the Council has ordered the following:
- Ms. Arcila is prohibited from applying for re-licensing for three years until September 14, 2021.
- Ms. Arcila must pay enforcement expenses of $1,500 to the Council.