IN THE MATTERO F:
IN THE MATTER OF:
a
Manitoba Financial Services
Agency
THE REAL ESTATE SERVICESA CT -and-KASEY HACKING
STATEMENT OF ALLEGATIONS OF STAFF OF THE MANITOBA SECURITIES COMMISSION
STAFF OF THE MANITOBA SECURITIESC OMMISSION (“Commission”) ALLEGE THAT: A. REGISTRATION 1. Kasey Hacking (“Hacking”) is a resident of the City of Winnipeg, in the Province of Manitoba. 2. At all material times Hacking was registered as a real estate associate broker under The Real Estate Services Act. (“RESA”) with Century 21 Advance Realty (the “Broker”).
B.
DETAILS
1. M.E. and Q.E. (the “Purchasers”) purchased a residential property located at 42138 Road 94 N, Gull Lake, Manitoba (the “Property”).
2. Hacking was the listed selling agent for the Property and had been the author of the information and representations contained in the advertised listing for the Property.
3. The sale price included in the listing for the Propertyw as $264,900.00.T he listing was posted on February 25, 2023 and included the following representations:
a) the lot frontage was listed as 218.85 metres / 718 feet; b) the well and holding tank on the Property were new; and c) the lot was a corner lot.
4. On March 9, 2023, the seller accepted the Purchasers offer to purchase the Property at a purchase price of $255,000.00 with the following conditions: (a) water must pass a “satisfactory potability test”. and (b) “ confirmation of the well location”.
5. On March 16, 2023, the Purchasers water test was confirmed to be satisfactory. The Purchasers could not verify the location of the well due to it being covered by the snow at the time. However,t he Purchasersr elied on the representationo f it being a “new well” as per the listing and signed off on both conditions. 6. After taking possession, the Purchasersw ere then informed by The Water Stewardship
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that the well was not new. It was drilled on July 19, 1978, with a black iron/sleave casing and there are no records for any upgrades to the well.
7. tank
The Purchasers informed Hacking about their discovery of the age of the well and holding
8. Hacking subsequently edited the online advertised listing to say “ newer well pump and newer holding tank”.
9. The Purchasers further discovered that Hacking and her team had previously sold this Property, with the most recent being in 2018, and had previously represented the well and holding tank as “new”.
C.
1.
ALLEGATIONS
Staff allege that Hacking: (a) in connection with a trade or transaction in real estate committed “deceptive dealing” as defined in s 44 of RESA through intentionalm isrepresentationsin the Property advertisement; and
(b) engaged in professional misconduct in accordance with ss. 46(1) of RESA. and that Hacking’s conduct, as set out above, is contrary to the public interest and that it is in the public interest to have her registration under RESA be cancelled or suspended and for her to pay a penalty, pursuant to ss. 59(1) of RESA, and that, furthermore, Hacking pay
the costs for the investigation of matters referred to herein and the costs of this hearing.
2 Such further and other matters as counsel may advise and the Commission may permit. DATED at the City of Winnipeg, in Manitoba this 3’d day of December, 2025.
Director
TO:
KASEY HACKING