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: Sharon Xiao Wen Kong
File: 09-386
Date of Consent Order: September 6, 2011
Issue: Sharon Xiao Wen Kong, representative, West Coast Realty Ltd. (Van49) dba Sutton Group-West Coast Realty (Van49), Vancouver, entered into a Consent Order with the Council that, while licensed with West Coast Realty Ltd. (Brdwy) dba Sutton Group-West Coast Realty (Brdwy), Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that:
(a) as the representative for a seller with respect to his purported listing of property and the seller ’s sale of property to a buyer by Contract of Purchase and Sale dated November 4, 2009, allowed DG to sign the listing agreement and contract as seller without verifying his identity or his purported ownership interest in the property, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules and section 35(1)(a) of the Real Estate Services Act;
(b) as the representative for another seller with respect to the purported listing of property and the seller ’s sale of property to a buyer by Contract of Purchase and Sale dated December 20, 2009: (i) allowed DG to sign the name of the seller on the listing agreement and contract when she knew he was not the seller and that the signature as written was false and misleading, contrary to section 35(1)(c) of the Real Estate Services Act; (ii) failed to verify the authority under which DG was purporting to act for the seller and failed to ensure that DG indicated he was signing for the seller in a representative capacity and that the listing agreement and contract were shown as such, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules and section 35(1)(a) of the Real Estate Services Act; (iii) failed to clarify that she was only witnessing DG ’s signature on the listing agreement and the contract and not that of the seller and that the execution was shown as such, contrary to section 35(1)(c) of the Real Estate Services Act;
(c) as representative for a third seller with respect to the purported listing of property and the seller ’s sale of property to buyers by Contract of Purchase and Sale dated February 22, 2010: (i) allowed DG to sign the name of the seller on the listing agreement when she knew he was not the seller and that the signature as written was false and misleading, contrary to section 35(1)(c) of the Real Estate Services Act; (ii) failed to clarify that she was only witnessing DG ’s signature on the listing agreement and not that of the seller and that the execution was shown as such, contrary to section 35(1)(c) of the Real Estate Services Act; and (iii) failed to ensure her agreement with DG on or about February 22, 2010 to reduce the commission from that set out in the listing agreement was reduced in writing and signed by the seller and an authorized representative of the brokerage pursuant to section 5-1(6) of the Council Rules, contrary to section 35(1)(a) of the Real Estate Services Act and sections 3-3(1)(a) and 3-4 of the Council Rules.
Result: Sharon Xiao Wen Kong was suspended for thirty (30) days from November 2, 2011 to December 1, 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 $1,000.00.
P: Oct 11, 2011 R: Oct 11, 2016