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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:    Bruno Man Wo Ngan

File:   11-318

Date of Consent Order:    February 16, 2013 

Issue: Bruno Man Wo Ngan, associate broker, Legend Real Estate Group Ltd. (Rhmd) dba Coldwell Banker Legend Real Estate Group (Rhmd), Richmond, 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:

(a) contrary to section 7(3)(a) of the Real Estate Services Act, he provided real estate services other than on behalf of the brokerage in relation to which he was licensed, in that he provided real estate services outside of the Brokerage, either on his own, or under the name of one or both of Best Tone Property and Home Services, or Best Tone Home Services (together, “Best Tone”), each being sole proprietorships of which the company 561325 B.C. Ltd. is listed as the proprietor, and of which Mr. Ngan is an officer and director, by:

(i) providing rental property management services, either on his own or through Best Tone on behalf of the owners of 5 properties, and provided those rental property management services from approximately September 2007 until May 2012; and

(ii) providing real estate services, either on his own or through Best Tone in that the Best Tone website offered the following services to the public: assist in buying, selling and renting of properties, manage rental investments, advertise properties for rent or for sale, provide market analysis and property appraisal services, find rental properties, advertise rental properties;

without complying with the exemptions set out in sections 9-1 and 9-2 of the Council Rules;

(b) contrary to section 7(3)(b) of the Real Estate Services Act, he, either on his own, or under the name of Best Tone, accepted remuneration directly from the owners of 5 properties in relation to real estate services he and/or Best Tone provided and was not remunerated from or through the Brokerage, being the brokerage in relation to which he was licensed, from approximately September 2007 until May 2012;

(c) contrary to sections 3-2(2)(a) and 3-2(5)(a) of the Council Rules, he failed to keep his managing broker informed of the rental property management services set out in 1(a)(i), and the real estate services set out in 1(a)(ii) above; and failed to notify his managing broker that he was conducting himself in a manner that may constitute professional misconduct, either on his own or through Best Tone; and

(d) contrary to section 27(1)(a) of the Real Estate Services Act, he failed to promptly deliver to the Brokerage, all money held or received from, or on behalf of his or Best Tone’s clients, in particular, rental monies and security deposits received from tenants in the properties set out in 1(a)(i) above, that were not provided to the Brokerage to be held in the Brokerage’s trust account from approximately September 2007 until May 2012. 

Result: Bruno Man Wo Ngan was suspended for fourteen (14) days from March 20, 2013 to April 2, 2013 (inclusive), and ordered was ordered to successfully complete the Real Estate Trading Services Remedial Education Course and pay enforcement expenses to the Council in the amount of $1,250.00.

P: Mar 11, 2013 R:  Mar 11, 2018