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: THOMAS MAN FUNG WU
SELINA LI MAK
File: 08-116
Date of Consent Order: November 26, 2009
Issue: Thomas Man Fung Wu, representative, Multiple Realty Ltd. (Rhmd), Richmond, entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he, as a limited dual agent in the listing and sale of two properties located at Cooney Road, Richmond, both from AT ( “seller ”) to BB ( “buyer ”), presented addenda to each of the Cooney Road contracts to the seller, which included clauses purporting to automatically release the deposit to the seller if the buyer did not complete the transaction, when he knew or ought to have known of the necessity to obtain fresh separate written agreements from the parties in accordance with sections 28(2)(a), 30(2)(b) and 35(1)(a) and (d) of the Real Estate Services Act, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules.
Issue: Selina Li Mak, managing broker, Multiple Realty Ltd. (Rhmd), Richmond, entered into a Consent Order with the Council in which she consented to an Order that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she failed to ensure the seller was immediately notified in writing that the second deposits of $40,000 each owing under the two Cooney Road contracts had not been received by December 17, 2007 as required by the terms of both contracts, as amended, contrary to section 3-1(4) and (5) of the Council Rules.
Result: Thomas Man Fung Wu was suspended for seven (7) days from January 20, 2010 to January 26, 2010 (inclusive) and was ordered to enrol in and attend the first available CPE course “Contracts: Keep on Top of Changes ” or “Risk Management for REALTORS ® ”.
Result: Selina Li Mak was reprimanded.
Result: Thomas Man Fung Wu and Selina Li Mak were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00
P: Jan 4, 2010 R: Jan 4, 2015