How do I make a complaint about a realtor in British Columbia?
This answer covers the law of British Columbia.
Anyone can make a complaint to the superintendent if they believe a licensee may have committed professional misconduct or conduct unbecoming, and it must be in writing and include particulars. BCFSA is the regulator of real estate licensees, and it became the sole regulator when the older bodies integrated with it on August 1, 2021.
Unless a complaint is anonymous, the superintendent must acknowledge it and tell you the outcome. The superintendent may investigate, inspect records at business premises and require answers or production. Professional misconduct includes contravening the Act, deceptive dealing and incompetence. If misconduct is found, orders can include a reprimand, suspension or cancellation, conditions, required training and a discipline penalty of up to $500 000 for a brokerage.
A complaint cannot get you damages, because the Act's remedies are regulatory orders, and compensation comes only through the Special Compensation Fund for certain losses of money held by a licensee. A Special Compensation Fund claim must be made in writing to the superintendent within 2 years after the earliest listed event. If you want money back for a loss, a lawyer can explain whether a court claim fits your situation.
Key takeaways
- Any person can complain to the superintendent, in writing and with particulars, if they believe a licensee may have committed professional misconduct or conduct unbecoming.
- Unless your complaint is anonymous, the superintendent must acknowledge it and inform you of the outcome.
- Discipline produces regulatory orders rather than damages, and compensation is limited to the Special Compensation Fund, capped at $200 000 for a single claimant.
- A Special Compensation Fund claim must be made in writing within 2 years after the earliest listed event.