Complaint / review / scam report
Asset West Property Management Ltd
Darren Potter Steals Money

Darren Potter stole my money and was caught and had to pay it back after I called the RCMP Police. Here is some additional information on Darren Potter and Asset West. Beware if you want to deal with these people.

Inv. File #: 1831-05

REAL ESTATE COUNCIL OF ALBERTA

NOTICE OF ADMINISTRATIVE PENALTY

To:

Asset West Property Management Ltd., Brokerage

729 – 10th Street

Canmore, AB T1W 2A3

And to:

Darren Potter, Broker

c/o Asset West Property Management Ltd.

729 – 10th Street

Canmore, AB T1W 2A3

In accordance with s. 39 and s. 83 of the Real Estate Act (the “Act”) and the

Act’s Bylaws, the Executive Director of the Real Estate Council of Alberta has

determined that there is sufficient evidence of conduct deserving of sanction in

regard to Darren Potter (“Potter”) and Asset West Property Management Ltd.

(“Asset West”) to assess an Administrative Penalty. The evidence giving rise to

the Executive Director’s decision is as follows.

Asset West was at all relevant times, and continues to be, registered as a

brokerage. Darren Potter (“Potter”) was at all relevant times, and continues to

be, registered as broker for Asset West. Asset West entered into a property

management agreement with Loretta Fiorillo (“Fiorillo”) to manage a rental

property in Canmore, Alberta. The terms of the property management

agreement gave Asset West the authority to hold money in trust for the benefit of

Fiorillo, and in particular, it allowed Asset West to deposit and disburse money

from an operating account. The terms of the property management agreement

also authorized Asset West to pay all operating expenses from the operating

account.

Asset West paid an invoice submitted to it by Canmore Maintenance

notwithstanding that: there was no evidence that the work as described in the

invoice had been completed; the invoice was delivered approximately 7 months

after its date.

The terms of the property management agreement obliged Asset West to provide

a cheque to Fiorillo for the proceeds (rent collected less expenses) in any given

month on or before the 10th day of the following month. The proceeds for

October, 2004 totaled $981.88, further to which Asset West was obliged to remit

a cheque for $981.88 to Fiorillo on or before November 10, 2004.

Notwithstanding the foregoing, Asset West did not remit a cheque to Asset West

for the October, 2004 proceeds until on or about January 10, 2005.

On or about May 12, 2005, Asset West delivered documents to RECA’s

investigator further to a request from RECA’s investigator to produce documents

as part of the investigation into Fiorillo’s complaint. Asset West paid the $12.84

courier charge to deliver these documents to RECA from the operating account it

held for Fiorillo, notwithstanding that nothing under terms of trust governing the

operating account allowed Asset West to do so.

In or about February, 2005, Fiorillo provided notice to Asset West that she

wished terminate the property management agreement effective April 30, 2005.

Contrary to the terms of trust governing the operating account held by Asset

West on Fiorillo’s behalf, Asset West withdrew two months of property

management fees totaling $11233.02 in April, 2005, notwithstanding that only one

further month of services under the property management agreement was

provided by Asset West to Fiorillo.

Further to all of the foregoing, the Executive Director believes that Asset West’s

conduct is deserving of sanction further to s. 25(1)(d) of the Act, which provides

as follows:

25(1) An industry member who is required by the rules to keep and

operate a trust account shall(d) disburse money received or held in trust in respect of a

dealing or trade only in accordance with the rules and with

the terms of the trust governing the use of that money.

In accordance with s. 39 and 83 of the Act, and Part 4 of the Act’s Bylaws, an

Administrative Penalty in the amount of $1, 500 has been assessed against Asset

West and Potter both jointly and severally. Payment of this Administrative

Penalty shall be accepted by the Executive Director as complete satisfaction of

the amount of the penalty and no further proceedings under Part 6 of the Act will

be taken against in respect of the contravention.

This sum is payable to the Real Estate Council of Alberta at the above noted

address within 30 days of the date of issuance of this Notice of Administrative

Penalty. If you fail to pay the amount set out in this notice, the Executive Director

may commence legal action against you to recover the amount owing in respect

of the Administrative Penalty as a debt due to the Real Estate Council of Alberta.

If you dispute this Notice of Administrative Penalty, you may appeal it to a

Hearing Panel further to s. 35 of the Act. You will be given a full opportunity

consistent with procedural fairness and natural justice to present evidence before

the Hearing Panel and make representations in relation to the contravention

If you have any questions regarding this Notice of Administrative Penalty, please

contact Todd M. Lee of Miles Davison LLP at (403) 298-0342.

REAL ESTATE COUNCIL OF ALBERTA

Per: Kirk Bacon

Bob Myroniuk

Executive Directo
Author: Contact with Author

Offender: Asset West Property Management Ltd

Country: Canada   Province: Alberta   City: Canmore Calgary

Category: Business & Finance

0 comments

Information
Members, of group Guest, can not leave comments on this publication.
Please register on our website, it will take a few seconds.