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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:    Lotus Byoungyeon Chung

File:   11-190

Date of Consent Order:    February 15, 2013 

Issue: Lotus Byoungyeon Chung, representative, Sutton Centre Realty Ltd. dba Sutton Centre Realty, Burnaby, entered into a Consent Order with the Council that, while licensed with West Coast Realty Ltd. (Coq) dba Sutton Group-West Coast Realty (Coq), Coquitlam, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she:

(a) contrary to section 35(1)(g) of the Real Estate Services Act, made a false or misleading statement on a document that is required or authorized to be produced or submitted under the Real Estate Services Act, in that on November 21, 2011, she signed the application that contained a false statement, being that Ms. Chung answered “No” to the question “Are you the subject of an investigation or disciplinary proceeding under real estate, insurance, mortgage broker or securities legislation, or by a professional body, in British Columbia or another jurisdiction?” when in fact, Ms. Chung was the subject of a Consent Order;

(b) contrary to section 35(1)(g) of the Real Estate Services Act, made a false or misleading statement on a document that is required or authorized to be produced or submitted under the Real Estate Services Act, in that on November 21, 2011, she signed the application that contained a false statement, being that Ms. Chung answered “No” to the question “Have you ever been refused a licence or held a licence that was suspended or cancelled, under real estate, insurance, mortgage broker or securities legislation in British Columbia or another jurisdiction, or have you ever been disciplined by a professional body?” when in fact, Ms. Chung was the subject of a Consent Order; and

(c) contrary to section 3-2(3) of the Council Rules, failed to promptly respond to inquiries addressed to her by her managing broker, in that during November 2011, her managing broker received two complaints about Ms. Chung’s conduct and Ms. Chung failed to attend any of the meetings set up by her managing broker to deal with those complaints and failed to respond to meeting requests sent by her managing broker. 

Result: Lotus Byoungyeon Chung was suspended for seven (7) days from March 13, 2013 to March 19, 2013 (inclusive) and was ordered to pay enforcement expenses to the Council in the amount of $1,250.00.

P: Mar 11, 2013 R:  Mar 11, 2018