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: TERRY ENG & JENNIFER LAI WON NG
File: 028-06
Date of Consent Order: December 4, 2007
Complaint: Contravention of section 35(1)(a)of the Real Estate Services Act, sections 3-3 and 3-4 of the Council Rules/Professional misconduct, duties to clients
Issue: Chan Yiu Ng (also known as Terry Eng), managing brokerage, Terry Eng Realty Ltd. dba Re/Max Terry Eng, Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act and sections 3-3 and 3-4 of the Council Rules in that he: (a) failed to ensure that the buyers had financing in place before drawing up the said contract with no subject to financing clause; and (b) failed to properly advise the buyers as to the consequences of not having a subject to financing condition in the contract.
Issue: Jennifer Lai Won Ng, representative, Terry Eng Realty Ltd. dba Re/Max Terry Eng, Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act and sections 3-3 and 3-4 of the Council Rules in that she: (a) failed to ensure that the buyers had financing in place before drawing up the said contract with no subject to financing clause; and (b) failed to properly advise the buyers as to the consequences of not having a subject to financing condition in the contract.
Result: Chan Yiu Ng (also known as Terry Eng) was suspended for twenty-one (21) days from January 9, 2008 to January 29, 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 Chan Yiu Ng (also known as Terry Eng), and a Consent Order was issued. Further, Chan Yiu Ng (also known as Terry Eng) must enroll in and attend the first available CPE course “Professionalism it Pays! Be Safe or Be Sued! ” and “Legal Update ”. Further, Chan Yiu Ng (also known as Terry Eng) and Jennifer Lai Wong Ng are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Jennifer Lai Wong Ng was suspended for twenty-one (21) days from January 9, 2008 to January 29, 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 Jennifer Lai Wong Ng, and a Consent Order was issued. Further, Jennifer Lai Wong Ng must enroll in and attend the first available CPE course “Professionalism it Pays! Be Safe or Be Sued! ” and “Legal Update ”. Jennifer Lai Wong Ng and Chan Yiu Ng (also known as Terry Eng) are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P:Jan 7, 2008 R: Jan 7, 2008