REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION
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: Irene Nga Lin Lau
File: 09-160
Date of Consent Order: December 12, 2011
Issue: Irene Nga Lin Lau, managing broker, Goodview Realty Inc. dba Regent Park (Supreme) Realty, Vancouver, entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she:
(a) failed to act in the best interest of her client and failed to act with reasonable care and skill, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules;
(b) contrary to section 5-1(5)(a) of the Council Rules, failed to ensure that her brokerage’s written service agreement for rental property management services included a provision for the following:
(i) the circumstances in which the agreement may be terminated by either or both the client and the brokerage;
(ii) the scope of authority of the brokerage or a related licensee when acting on behalf of the owner, including any authority to (a) sign cheques or make disbursements on behalf of the owner, and (b) enter into contracts on behalf of the owner;
(iii) the timing, frequency and nature of accounting statements and other records to be provided by the brokerage to the owner;
(iv) how security deposits, pet damage deposits and other deposits are to be dealt with; and
(v) a description of the records to be kept by the brokerage on behalf of the owner;
(c) failed to act in accordance with the lawful instruction of her clients and acted outside of the scope of authority given by the clients when she continued to provide rental property management services after July 8, 2009, the date when the clients terminated her brokerage’s written services agreement for rental property management services, contrary to section 3-3(1)(c) of the Council Rules; and
(d) failed to ensure that her brokerage had a written service agreement for the provision of rental property management services on behalf of her clients from the date after the clients terminated the original services agreement from July 8, 2009 to September 2009, contrary to section 5-1(1)(b) of the Council Rules.
Result: Irene Nga Lin Lau was reprimanded, and was ordered to pay a discipline penalty to the Council in the amount of $1,000.00, successfully complete the Rental Property Management Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Feb 3, 2012 R: Feb 3, 2013