REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: PAUL SONG WU
File: 151-06
Date of Consent Order: October 31, 2007
Complaint: Contravention of sections 35(1)(a), 35(1)(c), and 35(2) of the Real Estate Services Act, sections 3-2(5), 3-3(1)(a) and 3-4 of the Council Rules/Professional misconduct, deceptive dealings, conduct unbecoming, licensee responsibilities, duties to clients, duty to act honestly and with reasonable care and skill
Issue: Paul Song Wu, associate broker, currently unlicensed, who, while licensed with Macdonald Realty Ltd. dba Macdonald Realty, Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he, in the listing and proposed sale of the property on behalf of his client (i) prepared the contract which purported to be prepared by another licensee of his brokerage, but was in fact prepared by himself, without the knowledge of that licensee; (ii) prepared the contract which purported to be an offer to buy but was in fact a “fake ” offer to buy made by a fictitious person who he had fabricated and knew was factitious; (iii) signed the name of the fictitious person on the contract; (iv) witnessed the signature of the fictitious person on the contract when in fact he had not witnessed anyone other than himself sign the contract; (v) represented to his client that the contract was a valid offer to purchase the property made by another client and prepared by another licensee of his brokerage; and (vi) advised his client not to make a counter offer, in the hope that his deceptive and dishonest conduct in inventing the contract and sending it to his client would not come to light.
Result: Paul Song Wu was suspended for one hundred and eighty (180) days from December 19, 2007 to June 15, 2008 (inclusive) for professional misconduct as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Paul Song Wu and a Consent Order was issued. Further, as a condition of continued licensing, Mr. Wu is to pay enforcement expenses to the Council in the amount of $750.00.
P:Dec 10, 2007 R: Dec 10, 2012