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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:    Hui-Chen Jennifer Wang

File:   11-123

Date of Consent Order:    February 6, 2013 

Issue: Hui-Chen Jennifer Wang, representative, 0929423 B.C. Ltd dba Royal First Realty, Burnaby, entered into a Consent Order with the Council that, while licensed with Royal Pacific Realty Corp., Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she: 

(a) as representative for the sellers, in the sale of the 17th Avenue, Surrey, property which was owned by her, her spouse and another individual, by Contract of Purchase and Sale dated February 25, 2011: 

(i) contravened section 7(3)(a) of the Real Estate Services Act, in that she provided real estate services in relation to the sale of the said property, separately from the brokerage with which she was engaged; 

(ii) contravened section 7(3)(b) of the Real Estate Services Act in that she arranged to receive a $20,000.00 fee directly from one of the other sellers, which fee she was not entitled to receive as it was not to be received from the brokerage to which she was licensed; 

(iii) contravened section 3-2(1)(b) of the Council Rules in that she failed to promptly provide the trade records for the said sale to her brokerage; 

(iv) contravened section 5-9(3) of the Council Rules as she failed to make a disclosure of interest in trade to the parties acquiring the said property; 

(v) contravened section 3-4 of the Council Rules in that she received a $35,000.00 deposit from the buyer that was payable to the sellers and failed to ensure that there was a separate written agreement separate from the Contract of Purchase and Sale with respect to same was entered into by the said parties to the said contract in accordance with section 27(4) of the Real Estate Services Act;   

(vi) contravened section 3-3(1)(d) of the Council Rules in that she failed to advise the said buyers to obtain independent legal advice with respect to paying the said deposit directly to the sellers; 

(b) as a limited dual agent in the proposed sale of the above mentioned property from the sellers to the buyer by Contract of Purchase and Sale dated August 10, 2011: 

(i) contravened section 7(3)(a) of the Real Estate Services Act in that she provided real estate services in relation to the sale of the said property, separate from the brokerage to which she was engaged; 

(ii) contravened section 3-2(1)(b) of the Council Rules in that she failed to promptly provide the trade records for the said sale to her brokerage; and 

(iii) contravened section 3-3(1)(d) of the Council Rules in that she failed to advise the said buyers to obtain independent legal advice with respect to paying the said deposit directly to the sellers. 

Result: Hui-Chen Jennifer Wang was suspended for twenty-one (21) days, from April 3, 2013 to April 23, 2013 (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 $1,250.00.

P: Mar 13, 2013 R:  Mar 13, 2018