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: WILLIAM EDWARD SOO
VICTOR JANG
File: 07-420
Date of Consent Order: December 30, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct], 35(1)(d) [incompetence], 6(2) [managing broker responsibilities] of the Real Estate Services Act, and sections 3-1 [managing broker responsibilities], 3-2 [associate broker and representative responsibilities], 3-3(1)(h) [use effort to discover relevant facts], 3-4 [duty to act with reasonable care and skill], 4-5(2) [licensee name must be indicated], 4-7 [false or misleading advertising], and 5-11 [disclosure of remuneration] of the Council Rules
Issue: William Edward Soo, representative, West Coast Realty Ltd. (Brdwy) dba Sutton Group – West Coast Realty (Brdwy), Vancouver, committed professional misconduct within the meaning of section 35(1)(a) and 35(1)(d)of the Real Estate Services Act in that he: (a) contravened section 35(1)(d) of the Real Estate Services Act in that he failed to ensure that the information advertised on the Multiple Listing Services, regarding the square footage of the Property, was accurate; (b) contravened sections 3-4, 4-7 and 3-3(1)(h) of the Council Rules, in that he advertised on the Multiple Listing Service, the square footage of the Property as being 590 square feet when he knew or ought to have known that the square footage of the Property was approximately 410 square feet; (c) contravened section 35(1)(d) of the Real Estate Services Act and section 3-4 of the Council Rules, in that he failed to ensure that the Complainant had the legal authority to sign the Contract of Purchase and Sale on behalf of the buyer; (d) contravened sections 3-2(1) and 3-2(2) of the Council Rules, in that he failed to promptly provide the managing broker with a copy of the Contract of Purchase and Sale; (e) contravened sections 3-2(1) and 3-2(2) of the Council Rules, in that he failed to promptly advise the managing broker that the deposit was late; (f) contravened section 4-5(2) of the Council Rules, in that he failed to list the correct name of his brokerage on the Contract of Purchase and Sale; and (g) contravened section 5-11 of the Council Rules, in that he failed to disclose to his clients, his remuneration as a result of providing real estate services.
Issue: Victor Jang, managing broker, West Coast Realty Ltd. (Brdwy) dba Sutton Group – West Coast Realty (Brdwy), Vancouver, committed professional misconduct within the meaning of section 35(1)(a) and 35(1)(d) of the Real Estate Services Act by contravening sections 3-1(4)(a) and 3-1(5) of the Council Rules in that he failed to ensure that the seller was immediately notified in writing that the deposit that was contemplated in the Contract of Purchase and Sale had not been received upon removal of the subjects, in accordance with his duties as a managing broker under section 6(2) of the Real Estate Services Act and section 3-1 of the Council Rules.
Result: William Edward Soo was suspended for twenty-one (21) days from February 25, 2009 to March 17, 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 William Edward Soo, and a Consent Order was issued. Further, William Edward Soo was ordered to successfully complete the disciplinary assignment applicable to Chapter 10 (The Law of Contract) of the Real Estate Trading Services Licensing Course, to enrol in and attend the first available CPE course “Contracts: Keep on Top of Changes ”. Further, William Edward Soo and Victor Jang were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
Result: Victor Jang was reprimanded for professional misconduct as described above after an greed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Victor Jang, and a Consent Order was issued. Further, Victor Jang and William Edward Soo were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Jan 30, 2009 R: Jan 30, 2014