Binhui (Emily) Qi, Royal LePage Westside, Vancouver

Respondent:    Binhui (Emily) Qi

File:   08-548

Date of Consent Order:   September 8, 2011          

Issue: Binhui (Emily) Qi, currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative, Seacrest Sales Ltd. dba Royal LePage Westside, Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that:
(a) while representing her husband, or in the alternative while representing the complainants JJX and AYM, or one or both of them, in connection with the purchase and sale of property: (i) contravened sections 5-9(1)(b) and 5-9(4) of the Council Rules in that she failed to disclose to the sellers her spousal relationship with the buyer in the form approved by the Council before the parties entered into the contract; (ii) contravened section 35(1)(g) of the Real Estate Services Act in that, in late July or early August 2008, she prepared a Disclosure of Interest in Trade form but dated it May 7, 2008, the date of the contract; (iii) contravened section 5-10(a) of the Council Rules in that she failed to disclose the nature of the representation she would be providing in connection with the contract to the sellers, her husband, or the complainants; (iv) contravened section 3-4 of the Council Rules in that she did not obtain JJX ’s signature on the second addendum in which AYM and the sellers purported to impose obligations on JJX as a buyer under the contract;
(b) while representing her husband or, in the alternative, while representing the complainants, or one or both of them, in connection with the proposed assignment of the contract from her husband to the complainants, or one or both of them: (i) contravened section 5-10(a)of the Council Rules in that she failed to disclose the nature of the representation she would be providing to her husband or the complainants; (ii) contravened section 3-3(1)(a) of the Council Rules in that she failed to obtain the agreement in writing of the complainants to the assignment of the contract before making an offer on the property on behalf of her husband and, in any event, before her husband removed the subjects to the contract by an addendum when she ought to have known that the enforceability of the assignment of the contract was important to her husband; (iii) contravened section 3-4 of the Council Rules in that she prepared the first addendum to the contract May 12, 2008 that purported to assign the contract from her husband to the assignee when: (A) the first addendum did not set out the rights and obligations of either party in connection with the assignment; and (B) AYM did not sign the first addendum until mid-July 2008, although it was dated May 12, 2008; (iv) contravened section 35(1)(g) of the Real Estate Services Act in that the first addendum was dated May 12, 2008 but AYM did not sign it until mid-July 2008; (v) contravened sections 5-9(3)(b) and 5-9(4) of the Council Rules in that she failed to disclose to the complainants her spousal relationship in the form approved by the Council before AYM signed the first addendum or at all; (vi) contravened section 5-11(2) of the Council Rules in that she failed to promptly disclose to the complainants the remuneration she expected to receive in connection with the assignment of the contract; (vii) contravened section 3-3(1)(d) of the Council Rules in that she failed to advise AYM to seek independent legal advice regarding; (A) the effect of signing the first addendum, when the proposed assignment had not previously been documented in writing; and (B) the proposed assignment and the status of AYM ’s deposit when it appeared AYM was not willing to complete the assignment; (viii) failed, contrary to section 5-4 of the Council Rules, to deliver to AYM a copy of the contract and first addendum; and
(c) while representing the complainants, contravened section 3-3(1)(i) of the Council Rules in that she failed to take reasonable steps to avoid a conflict of interest that arose from her spousal relationship with husband.

Result: Binhui (Emily) Qi was suspended for sixty (60) days from October 19, 2011 to December 17, 2011 (inclusive), and was ordered to successfully complete the Real Estate Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,375.00.

P: Oct 11, 2011 R:  Oct 11, 2016