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BC Real Estate Trading Services Licensing Exam Practice · Question

Mr. John Davies is a licensed associate broker with Horizon Realty. He is currently being investigated by the BCFSA following a complaint about an alleged breach of confidentiality. During the investigation, the BCFSA requests access to Mr. Davies' client files related to the complaint. What is Mr. Davies' obligation?

Under the Real Estate Services Act, the BCFSA has powers of inspection and investigation and can compel licensees to produce records relevant to their inquiries

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Question: Mr. John Davies is a licensed associate broker with Horizon Realty. He is currently being investigated by the BCFSA following a complaint about an alleged breach of confidentiality. During the investigation, the BCFSA requests access to Mr. Davies' client files related to the complaint. What is Mr. Davies' obligation?

Answer options: ✅ He must comply with the BCFSA's request and provide the requested files.

  • He can refuse to provide the files, citing client confidentiality.
  • He must obtain consent from his former clients before releasing their files to the BCFSA.
  • He must provide the files, but only if the BCFSA obtains a court order.

Correct answer: He must comply with the BCFSA's request and provide the requested files.

Explanation: Under the Real Estate Services Act, the BCFSA has powers of inspection and investigation and can compel licensees to produce records relevant to their inquiries without client consent or a court order.

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