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: CHANG IL SON
File: 247-06
Date of Consent Order: July 4, 2008
Complaint: Contravention of sections 35(1) [professional misconduct], 35(1)(a) [contravention of Act, Regulations or Rules], 7(3)(a) [relationship between brokerage and licensee], and 27(1) and (4) [payment into trust account] of the Real Estate Services Act, and sections 3-2(1) [delivery of records], 3-2(2)(a) [keeping managing broker informed], 3-3(1)(d) [independent advice], 5-4 [delivery of accepted offer], 5-9 [disclosure of interest in trade], and 5-10 [disclosure of representation and relationship] of the Council Rules
Issue: Chang Il Son, representative, Park Georgia Realty Ltd. (Coq), Coquitlam, committed professional misconduct within the meaning of section 35 of the Real Estate Services Act in that he: (a) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 5-9 of the Council Rules in that he failed to disclose to the seller of the property in a form approved by the Council that he owned one-half of the shares in the buyer of the property named in the offer; (b) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 3-3(1)(d) of the Council Rules in that he failed to recommend to the seller that the seller should obtain either independent legal advice or independent appraisal advice or both before accepting the offer; (c) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 5-10 of the Council Rules in that he failed to disclose the nature of the representation he would be providing to either the seller or the buyer in connection with the sale and purchase of the property; (d) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 7, subsection (3)(a) of the Act in that he provided real estate services as defined in the Act other than on behalf of his brokerage; (e) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 27, subsections (1) and (4) of the Act in that he failed to pay or deliver promptly to his brokerage money held or received on behalf of the buyer without obtaining a written agreement from the seller and the buyer excluding the application of section 27, subsection (1) of the Act as is required by section 27, subsection (4) of the Act; (f) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 3-2(1) of the Council Rules in that he failed to deliver to his managing broker a copy or the original of all records related to the sale and purchase of the property that were in his possession and prepared by or on his behalf or that had been received by or on behalf of a principal; (g) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 5-4 of the Council Rules in that he failed to deliver to his managing broker a copy of the offer after it had been accepted by the seller; and (h) contravened section 35(1) of the Act including without limitation subsection (1)(a) and section 3-2(2)(a) of the Council Rules in that he failed to inform his managing broker of the real estate services he was providing in connection with the sale and purchase of the property.
Result: Chang Il Son was suspended for twenty-one (21) days from August 27, 2008 to September 16, 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 Chang Il Son, and a Consent Order was issued. Chang Il Son was ordered to successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “What Brokerages and Realtors Need to Know About Agency ”, and pay enforcement expenses to the Council in the amount of $750.00.
P: Aug 18, 2008 R: Aug 18, 2013