Norman Hin Sing Ho, Sutton Group West Coast Realty, Vancouver

Respondent:     NORMAN HIN SING HO

File:   07-301

Date of Consent Order:   March 29, 2010                  

Issue: Norman Hin Sing Ho, associate broker, Broadway West Realty Ltd. dba Amex Broadway West Realty, Vancouver, entered into a Consent Order with the Council in which he consented to an Order that, while licensed with West Coast Realty Ltd. (WBlvd) dba Sutton Group –West Coast Realty (W.Blvd), Vancouver, he committed professional misconduct within the meaning of section 35(1)(a) and (d) of the Real Estate Services Act in that he, as the limited dual agent in the listing and the sale of a strata property on Pacific Street, Vancouver, ( “Property ”) from SC and VC ( “Sellers ”) to KL ( “Buyer ”) by way of a March 4, 2006 contract ( “Contract ”), which was assigned by the buyer to JC ( “Assignee ”) before closing by way of a March 15, 2006 assignment agreement ( “Agreement ”): (a) failed to clarify the nature of the services he would provide to the Buyer in accordance with his duties under sections 3-3(1)(e), 3-3(1)(f) and 5-10 of the Council Rules, particularly in light of the fact that he never met the Buyer; (b) witnessed the signature of the Buyer on the Contract when he did not see him sign, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules and section 35(1)(d) of the Real Estate Services Act; (c) failed to ensure he received instructions directly from his client Buyer from the commencement of the relationship to its end and failed to ensure there was an adequate level of supervision of an unlicensed individual who was performing services on his behalf, contrary to section 3-2(4) of the Council Rules; (d) failed to disclose material information respecting the real estate services to the Sellers, namely a referral fee that he agreed to pay to the unlicensed individual, contrary to section 3-3(1)(f) of the Council Rules; and (e) failed to act with reasonable care and skill when he drafted an addendum signed by the Assignee and the Buyer wherein the Buyer acknowledged receipt of the $20,000 deposit from the Assignee, contrary to section 35(1)(d) of the Real Estate Services Act.   

Result: Norman Hin Sing Ho was suspended for thirty (30) days from May 19, 2010 to June 17, 2010 (inclusive) and will be under the direct supervision of a managing broker for a period of one year following the end of the suspension period, during which time the managing broker will provide quarterly reports to the Council and the report will include anything of an adverse nature with respect to Mr. Ho ’s activities.   Mr. Ho was ordered to not apply for licensing as a managing broker for a period of two years from the end of the suspension period and that any application will be subject to the findings of a Qualification Hearing Committee.   Further, Mr. Ho was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act), and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, to enrol in and attend the first available CPE course  “What Brokerages and REALTORS ® Need to Know About Agency ”, to successfully complete the Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,000.00.

P: Apr 29, 2010   R:   Apr 29, 2015