Consent Order

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

Complaint: Contravention of sections 35(1) [professional misconduct], 35(1)(d) [incompetence], and 27(1)(a) [payment into trust] of the Real Estate Services Act, section 16(2) [payment into trust] of the former Real Estate Act, and section 9.12(a) of Regulation 75/61 under the former Real Estate Act [negligence or incompetence]

Issue: Edward Gee Ming Jang, currently unlicensed, while licensed as a representative with Cypress Properties Ltd., Vancouver, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he:

1. failed to promptly pay or deliver all money held or received from, for or on behalf of a principal to the brokerage, contrary to section 16(2) of the former Real Estate Act and/or section 27(1)(a) of the Real Estate Services Act;
2. demonstrated negligence or incompetence in that he failed to ensure that all money held or received from, for or on behalf of a principal was promptly paid or delivered to the brokerage, contrary to section 9.12(a) of Regulation 75/61 of the former Real Estate Act; and
3. demonstrated incompetence in that he failed to ensure that all money held or received from, for or on behalf of a principal was promptly paid or delivered to the brokerage, contrary to section 35(1)(d) of the Real Estate Services Act.

Results

Edward Gee Ming Jang was ordered that, as he is currently unlicensed, he will not make an application to be relicensed in any capacity until after July 21, 2009 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 Edward Gee Ming Jang, and a Consent Order was issued. Further, Edward Gee Ming Jang, upon relicensing, will be subject to the condition that he be under the direct supervision of a managing broker for a period of two (2) years following licensing, during which time the managing broker will report to the Council anything of an adverse mature with respect to his activities. After re-licensing, should Edward Gee Ming Jang apply to be licensed as a managing broker, that application would be subject to a qualification hearing. Upon relicensing as a representative, Edward Gee Ming Jang was ordered to successfully complete the disciplinary education assignments applicable to Chapter 3 (Professional Ethics) and Chapter 12 (Law of Agency) of the Strata Management Licensing Course and pay enforcement expenses to the Council in the amount of $750.00.