Steven Butt and his record

[The Confessor]

Here is the record of steven Butt at Avenue Commercial Inc.

In my opinion Garry Bobke will pay the price too!

 

THE REAL ESTATE COUNCIL OF ALBERTA

IN THE MATTER OF s. 39(1)(b) and s. 41 of the Real Estate Act, R.S.A. 2000, c. R-5

AND IN THE MATTER OF a Hearing concerning the conduct of

Steven Butt, Agent registered at all material times hereto with

with Westhills Realty Ltd. o/a Sutton Group Westhills Realty, Brokerage

and currently registered with 969801 Alberta Inc. o/a Avenue Commercial, Brokerage

Hearing Panel members:

Norm Jensen, Chair

Graham Downey

Andrew Huntley

Appearing:

Mr. Todd Lee, legal counsel on behalf of the Executive Director

Mr. Greg Wells, legal counsel on behalf of Steven Butt

Hearing Date:

October 20, 2005

DECISION OF A HEARING PANEL OF THE REAL ESTATE COUNCIL OF ALBERTA

I) INTRODUCTION

The Hearing Panel held a hearing into the conduct of Steven Butt, Agent registered at all material times

hereto with Westhills Realty Ltd. o/a Sutton Group Westhills Realty, Brokerage and currently registered

with 969801 Alberta Inc. o/a Avenue Commercial, Brokerage. The Hearing Panel was composed of

Norm Jensen (Chair), Graham Downey and Andrew Huntley.

The Hearing took place on October 20, 2005. In attendance at the hearing were Todd Lee, legal

counsel on behalf of the Executive Director of the Real Estate Council of Alberta, and Greg Wells, legal

counsel on behalf of Mr. Butt.

II) ALLEGATIONS

Steven Butt was called before the Hearing Panel to answer to the following allegations set out in the

Amended Notice of Hearing:

1. From October, 1998 to September, 2001, Butt was licensed with Westhills Realty Ltd. o/a Sutton

Group Westhills Realty (“Sutton Group Westhills”) as agent. In or about June, 1999, Butt represented

780875 Alberta Ltd. (“780875”) in the purchase of commercial property municipally described as 750 –

11

th

Street SW (“Genesis Plaza”). In or about May, 2000, 780875 entered into an oral agreement with

Butt, either in his own capacity, or through an unlicensed corporate entity known as Avenue Properties

Inc. (“Avenue Properties”), in which Butt was a director and shareholder, further to which Butt, either in

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his own capacity, or through Avenue Properties, began to collect, or offer or attempt to collect, on behalf

of 780875 as the landlord and owner of Genesis Plaza, money payable as rent for the use of Genesis

Plaza, or contributions for the control, management or administration of Genesis Plaza (“property

management services”). Butt, either on his own, or through Avenue Properties, and not through his

brokerage, Sutton Group Westhills, provided property management services to 780875 up to and

including April 30, 2002. The foregoing is conduct deserving of sanction, particulars of which include

that Butt traded in real estate other than in the name that appeared on his licence and in the name of

the brokerage with which Butt was registered, contrary to s. 23(b) of the Rules, all of which happened in

Calgary, Alberta.

2. Further to the allegations in paragraph one above, Butt did not inform his broker at Sutton Group

Westhills that he was providing property management services to 780875, and failed to provide his

broker any records relative to the property management services that Butt provided to 780875. The

foregoing is conduct deserving of sanction, the particulars of which include that:

a) Butt failed to keep his broker informed of the activities being performed by the associate broker or

agent on behalf of the brokerage, contrary to s. 23(f) of the Rules; and

b) Butt failed to provide all documentation of trade records required under these Rules to his broker,

contrary to s.23(e) of the Rules.

all of which happened in Calgary, Alberta.

3. Further to the allegations in paragraphs one and two above, Butt, either on his own, or through

Avenue Properties, received remuneration from 780875 for the property management services that he

provided, either on his own. or through Avenue Properties, to 780875. The foregoing is conduct

deserving of sanction, the particulars of which include that Butt accepted remuneration, directly or

indirectly, for a trade or dealing from a person other than the brokerage with which he was registered,

contrary to s. 24(1)(c) of the Rules, all of which happened in Calgary.

4. Further to the allegations in paragraphs one, two and three above, Butt received monies in trust for

the benefit of 780875 in respect of a dealing or trade, or in the course of carrying on business as an

industry member, notwithstanding that there was no service agreement between Butt and 780875 that

expressly acknowledged the trust arrangement between Butt and 780875, and which set out the terms

on which the money was to be received, held and disbursed, nor was there any written agreement

between Butt and 780875 governing the use of any monies received in trust by Butt for 780875’s

benefit. The foregoing is conduct deserving of sanction further to s. 18(2) of the Act and s. 25(2) of the

Act, all of which happened in Calgary, Alberta.

5. (x)

III) EVIDENCE

We received an Admission of Conduct Deserving of Sanction pursuant to section 46 of the Real Estate

Act from Mr. Lee. In the document, signed by Mr Butt, he admitted to the allegations of fact and

breaches of provisions of the Real Estate Act, Rules and Code of Conduct as contained in the

Amended Notice of Hearing, and admitted that his conduct in this regard was conduct deserving of

sanction.

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IV) SUBMISSIONS

Mr. Lee and Mr. Wells requested that the Hearing Panel accept the Admission of Conduct Deserving of

Sanction.

Mr. Lee submitted to the Hearing Panel a joint submission on sanction, agreed to by the Executive

Director and Mr. Butt; an Estimated Schedule of Costs; an Administrative Penalty previously issued to

Mr. Butt; and, a Hearing Panel decision in the matter of Harvey Layton.

Mr. Lee asked the Hearing Panel to consider a fine of $3,000, payment of costs in the amount of $3,500

and completion of the Alberta Real Estate Association’s Professional Responsibilities course within 6

months of the Hearing Panel’s decision. Though the Estimated Schedule of Costs submitted by Mr. Lee

itemized costs of $3,851.98, the Executive Director is prepared to reduce the costs to $3,500 as Mr.

Butt has been cooperative, and was willing to sign an Admission of Conduct Deserving of Sanction and

enter into a Joint Submission on Sanction.

Mr. Lee submitted that the Harvey Layton case provided to the Hearing Panel for their consideration is

not an identical case, but is analogous to the situation in the Butt matter. Mr. Layton was a licensed real

estate agent, however he sold a number of condominium units and the sales were not processed

through Mr. Layton’s brokerage. Mr. Layton also continued to do trades when he was unlicensed. In

that case, Mr. Layton was ordered to pay a $4,500 fine and costs of $1,000, plus complete the AREA

Professional Responsibilities course. In the Butt matter, there is no allegation in the Amended Notice of

Hearing that Mr. Butt conducted real estate trades or conduct property management services while

unlicensed.

Mr. Lee submitted to the Hearing Panel that there were no aggravating factors in this matter, but that

the mitigating factors were Mr. Butt’s cooperation through the investigation and hearing process, his

willingness to sign an Admission of Conduct Deserving of Sanction and enter into a Joint Submission

on Sanction.

Mr. Wells had no further comment on behalf of Mr. Butt other than to agree with Mr. Lee’s submissions

on sanction.

V) FINDINGS

We, the Hearing Panel, accept the Admission of Conduct Deserving of Sanction and find that Mr. Butt’s

conduct is conduct deserving of sanction as set out in the Amended Notice of Hearing.

VI) ORDERS

As a result of our finding of conduct deserving of sanction, we hereby order, pursuant to section 43 of

the Real Estate Act, that:

1. Mr. Butt pay a fine of $3,000.

2. Mr. Butt pay costs of $3,500.

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3. Mr. Butt successfully complete the Alberta Real Estate Association’s Professional Responsibilities

course within 6 months of this decision. If this course is not available in this timeframe, an extension

may be granted or a course substituted at the sole discretion of the Executive Director. This course

cannot be used for credits in the required professional development program for agents and

brokers.

This decision was made on October 25, 2005

Norm Jensen, Chair

Graham Downey

Andrew Huntley

[avenueco...@gmail.com]

Mr. Steven Butt has done an amazing job of saving the largest receivership file in Canadian History "concrete equities". As the founder and CEO of Avenue Commercial his company has a superb group of staff and real estate agents that offer superior real estate solutions. Personally he has been a great friend and mentor for the real estate business. Anyone who has hired staff knows you get a crazy one every once in a while which is who is posting some odd and untruthful comments.