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: Lotus Byoungyeon Chung
File: 09-502
Date of Consent Order: October 3, 2011
Issue: Lotus Byoungyeon Chung, representative, West Coast Realty Ltd. (Coq) dba Sutton Group-West Coast Realty Ltd. (Coq), Coquitlam, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she, in the sale by a seller of a property to a buyer by Contract of Purchase and Sale dated November 24, 2007:
(a) represented to the buyer by way of an April 22, 2008 written representation that she would repay the buyer ’s deposit or would cause the deposit to be repaid, when she knew or ought to have known that the representation was false or misleading, contrary to section 35(1)(c) of the Real Estate Services Act;
(b) failed to promptly provide the representation to her managing broker in accordance with section 3-2(1) of the Council Rules and failed to keep her managing broker informed of the real estate activities and other activities provided by her on behalf of the brokerage in accordance with section 3-2(2) of the Council Rules, contrary to section 35(1)(a) of the Real Estate Services Act; and
(c) failed to ensure that the contract included a subject to financing and that the buyer was aware of the importance of including or waiving that provision with the benefit of independent legal advice in light of the buyer ’s finances as they were known or ought to have been known to Ms. Chung, contrary to sections 3-3(1)(a), (d) and (f) and 3-4 of the Council Rules and section 35(1)(a) of the Real Estate Services Act.
Result: Lotus Byoungyeon Chung was suspended for twenty-one (21) days from December 7, 2011 to December 27, 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: Nov 8, 2011 R: Nov 8, 2016