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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

 

Respondents:   Jimmy Yam Sun

File:   12-152

Date of Consent Order:  September 30, 2013

Issue: Jimmy Yam Sun, managing broker, Thames Realty Corporation, Vancouver, 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 he contravened section 6(2)(b) of the Real Estate Services Act and section 3-1(1)(b) of the Council Rules in that he failed to ensure the business of the brokerage was carried out competently and in accordance with the Real Estate Services Act, Regulation, rules and bylaws in that he:

(a) provided rental property management services to the owners of the properties directly and not through or on behalf of the brokerage and without complying with the exemptions set out in sections 9-1(2) and 9-2(2) of the Council Rules, contrary to section 7(3)(a) of the Real Estate Services Act;

(b) received remuneration in respect of rental property management services he provided to the owners of the properties directly, and apart from the brokerage, contrary to section 7(3)(b) of the Real Estate Services Act; and

(c) failed to promptly pay or deliver to the brokerage money he received from, for or on behalf of a principal in relation to the rental property management services he provided to the owners of the properties, contrary to section 27(1) of the Real Estate Services Act.

Result: Jimmy Yam Sun was subject to an Order of a discipline committee that he: (a) be suspended for seven days, from November 27, 2013 to December 3, 2013 (inclusive); (b) successfully complete the Broker’s Remedial Education Course; and (c) pay enforcement expenses to the Council in the amount of $1,250.00.

 

Result: P: November 6, 2103 R: November 6, 2018