Enforcement Summary
In the Matter of The Real Estate Brokers Act
and in the Matter of Walter Theodor Bartel
A hearing was held in Winnipeg before a panel of The Manitoba Securities Commission (the "commission") on September 14, 2000, September 15, 2000, November 23, 2000, November 24, 2000, November 28, 2000 and December 4, 2000 to consider whether Walter Theodor Bartel ("Bartel") should be registered as a salesman under The Real Estate Brokers Act ("REBA").
Evidence at the hearing and the commission's findings
Evidence presented at the Hearing showed that Walter Theodor Bartel ("Bartel"): filed a caveat against the Asham's Hazelridge Property prior to, or without any right to do so; acted contrary to the Heywood's instructions by continuing to advertise the Heywood's farm for sale; failed to advise the Heywood's of the availability of the Dubois property and attempted to force a sale of the combined properties once he realized the Heywood's wanted to withdraw from their listing agreement; and Bartel acted contrary to protecting and promoting the best interests of the Heywoods.
Commission Order No. 3227
On January 24, 2001, a panel of the commission (the "panel") ordered that the registration of Bartel under REBA be suspended for ninety (90) days effective January 31, 2001, one week from the date of the decision. The panel ordered Bartel to enroll in Units 5, 6 and 7 of Phase 2 and Units 2 and 3 of Phase 3 of the Manitoba Real Estate Association Salesman Course and successfully complete these Units by December 31, 2001 or such other time as may be arranged with the Registrar. Failure to comply with the enrollment and successful completion of the courses will result in a suspension of Mr. Bartel's registration under REBA. Mr. Bartel was also ordered by the panel to pay $12,000.00 in costs within one year from the date of the Reasons for Decision. The date of the Reasons for Decision is January 24, 2001. The costs must therefore be paid on or before January 24, 2002. The order indicated that Bartel can make arrangements for a payment schedule by February 7, 2001 with the Registrar.
Bartel has appealed the Decision of the panel.
The Manitoba Securities Commission
February 6, 2001