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: KA WAI (REBECCA) YEUNG
TAK MING RICKY LEE
File: 417-06
Date of Consent Order: June 11, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-2 [associate broker and representative responsibilities], 5-9 [disclosure of interest in trade], 5-10 [disclosure of representation], and 5-11 [disclosure of remuneration] of the Council Rules
Issue: Ka Wai (Rebecca) Yeung, representative, Westmar Realty Ltd. dba Macdonald Realty Westmar, Richmond, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she: (a) failed to make disclosure in accordance with section 5-9 of the Council Rules to the sellers as owners of the real estate of the fact that the said licensees were directly or indirectly acquiring the real estate under the trade in real estate; (b) before providing trading services to or on behalf of the sellers, failed to disclose to the sellers: (i) the nature of the representation that they were providing to the sellers, as required by section 5-10(a) the Council Rules; (ii) that they were or were expecting to be receiving remuneration from the buyer relating to trading services to or on behalf of the buyer in relation to the same trade in real estate, as required by section 5-10(b)(ii) of the Council Rules; (iii) the nature of their relationship with the buyer, as required by section 5-10(b)(iii) of the Council Rules; (c) failed to disclose to the sellers that they received or anticipated receiving, directly or indirectly, remuneration as a result of providing real estate services to or on behalf of the sellers, other than remuneration paid directly by the sellers, as required by section 5-11 of the Council Rules; and (d) failed to keep the managing broker informed of the real estate services being provided, and other activities being performed by the licensees on behalf of the brokerage, as required by section 3-2(2) of the Council Rules.
Issue: Tak Ming Ricky Lee, representative, Westmar Realty Ltd. dba Macdonald Realty Westmar, Richmond, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) failed to make disclosure in accordance with section 5-9 of the Council Rules to the sellers as owners of the real estate of the fact that the said licensees were directly or indirectly acquiring the real estate under the trade in real estate; (b) before providing trading services to or on behalf of the sellers, failed to disclose to the sellers: (i) the nature of the representation that they were providing to the sellers, as required by section 5-10(a) of the Council Rules; (ii) that they were or were expecting to be receiving remuneration from the buyer relating to trading services to or on behalf of the buyer in relation to the same trade in real estate, as required by section 5-10(b)(ii) of the Council Rules; (iii) the nature of their relationship with the buyer, as required by section 5-10(b)(iii) of the Council Rules; (c) failed to disclose to the sellers that they received or anticipated receiving, directly or indirectly, remuneration as a result of providing real estate services to or on behalf of the sellers, other than remuneration paid directly by the sellers, as required by section 5-11 of the Council Rules; and (d) failed to keep the managing broker informed of the real estate services being provided, and other activities being performed by the licensees on behalf of the brokerage, as required by section 3-2(2) of the Council Rules.
Result: Ka Wai (Rebecca) Yeung was suspended for fourteen (14) days from August 6, 2008 to August 19, 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 Ka Wai (Rebecca) Yeung, and a Consent Order was issued. Ka Wai (Rebecca) Yeung must successfully complete the disciplinary assignments applicable to Chapter 9 (Professional Ethics) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “Professionalism It Pays! Be Safe or Be Sued! ” or “Legal Update ”. Further, Ka Wai (Rebecca) Yeung and Tak Ming Ricky Lee are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Tak Ming Ricky Lee was suspended for fourteen (14) days from August 27, 2008 to September 9, 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 Tak Ming Ricky Lee, and a Consent Order was issued. Tak Ming Ricky Lee must successfully complete the disciplinary assignments applicable to Chapter 9 (Professional Ethics) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “Professionalism It Pays! Be Safe or Be Sued! ” or “Legal Update ”. Further, Tak Ming Ricky Lee and Ka Wai (Rebecca) Yeung are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P: July, 8, 2008 R: Jul 8, 2013