A realtor in Regina has been fined $4,000 for publicly discrediting a fellow agent on Facebook.
The Saskatchewan Real Estate Commission (SREC) made the decision on Apr. 3, 2023, after charging Kevin Peter with professional misconduct.
Background
The incident occurred in May 2022 when Peter was the listing agent for a property listed with Realty Executives Diversified Realty. A buyer and their agent wrote an offer subject to a house and furnace inspection.
The home inspection identified several items, including the furnace. The seller’s agent sent inspection notes to Peter, who shared them with his client.
The seller was “taken aback” by the findings; Peter suggested they have a plumber inspect the furnace, an individual he had worked with many times.
The buyer agent requested that the furnace be serviced and repaired by a professional, and Peter share proof in the form of a paid invoice.
Peter arranged for an HVAC professional to inspect the furnace, and after it was deemed satisfactory, he sent the paid bill and inspector’s comments to the buyer’s agent.
However, the buyer signed a notification requesting the return of their deposit on May 16, 2022, and Peter received a fall-through notice from the agent with no explanation for the decision.
The Facebook post
Unable to reach the agent over the phone, Peter posted on Facebook with the sole intent of reaching the buyer’s agent, unaware that he was posting to everyone. He criticized the fall through due to an “arrogant, inexperienced agent” and an unqualified home inspector.
The initial post did not identify the agent, but he later edited the post to include the agent’s name, which appeared as a result of checking in at their Facebook profile.
Within a few hours, Peter received a call from his broker, who advised him that the post would likely be considered disparaging and should be removed or edited.
Bylaw 706 breached
Peter struggled to remove the post as he is admittedly not very computer-literate. The post was not only seen by the seller’s agent but also by other industry professionals and members of the public.
The post was seen to discredit the agent, leading to the SREC charging Peter with misconduct under Bylaw 706.
Peter admitted to the charge, which prompted the SREC decision against him.
