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David Cochrane, ResCom International Brokers, Courtenay

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Act

R.S.B.C. 1996, c. 397 As Amended

AND in the matter of a Consent Order pursuant to Section 31 of the Real Estate Act

Respondent:     JENNIFER NG                                                                                                                                  

File:  296-02

Date of Consent Order:   November 9, 2004                                    

Complaint
Breach of Sections 43(1), and 43(2) of the Real Estate Act and Section 9.06 of Regulation 75/61 under the Act

Issue
Jennifer Lai Won Ng, salesperson, Re/Max Terry Eng, Vancouver, breached

(i) Section 43(1) of the Real Estate Act in that she engaged in a real estate transaction or transactions on behalf of an agent other than the agent who, according to the records was her employer;

(ii)   breached Section 43(2) of the Act in that she accepted commission or other remuneration in respect of a real estate transaction or transactions from a person not being the agent who was registered as her employer;

(iii) breached Section 9.06 of Regulation 75/61 under the Act in that she claimed or took secret or undisclosed compensation, commission or profit or failed to reveal to her employer or principal the full amount of her compensation, commission or profit in respect of a real estate transaction.  

Penalty
Jennifer Lai Won Ng was suspended for thirty (30) days, from December 17, 2004 to January 15, 2005 (inclusive) for breaches as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Ms. Ng and a Consent Order was issued.   In addition, as a condition of continued licensing, she is required to successfully complete Chapter 2 (The Real Estate Act and The Code of Ethics and Standards of Business Practice) of the Real Estate Salesperson ’s Pre-Licensing Course and is jointly and severally liable for payment of costs of $500.00 to the Real Estate Council.

P:Jan 4, 2005 R:no