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: TRACEY LYNN CHOW
File: 07-188 and 07-236
Date of Consent Order: December 30, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and section 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Tracey Lynn Chow, representative, Shewan Real Estate Ltd. dba Royal LePage – Wolstencroft, Langley, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-4 of the Council Rules in that she failed to act with reasonable care and skill, as representative for the seller, in relation to a Contract of Purchase and Sale dated August 15, 2007 for a strata property located on 7th Avenue, Vancouver, by failing to ensure that the buyer was made aware of the damage to the floor, baseboards and walls, some or all of which damage was partially hidden from view.
Result: Tracey Lynn Chow was suspended for seven (7) days from February 25, 2009 to March 3, 2009 (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 Tracey Lynn Chow, and a Consent Order was issued. Further, Tracey Lynn Chow was ordered to enrol in and attend the first available “Real Estate E&O Insurance Legal Update 2009 ” course and to pay enforcement expenses to the Council in the amount of $750.00.
P: Jan 30, 2009 R: Jan 30, 2014