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IN THE MATTER OF THE REAL ESTATE SERVICES ACT 

AND 

IN THE MATTER OF DACHENG (DAMON) WAN

ORDERS UNDER SECTION 45  and 46

 

Upon reading the Affidavit of Sonya Jakovickas, Compliance Officer, of the Real Estate Council of British Columbia, sworn April 10, 2014,

 I AM OF THE OPINION that:

  1. There has been conduct on the part of Dacheng (Damon) Wan in respect of which a Disciplinary Committee could make an order under section 43 of the Real Estate Services Act.
  2. The length of time required to complete an investigation or hold a disciplinary hearing, or both, would be detrimental to the public interest.
  1. I CONSIDER IT in the public interest to make an Order, and hereby make an Order pursuant to section 45(2)(a) of the Real Estate Services Act suspending the licence of Dacheng (Damon) Wan (“Mr. Wan”). Mr. Wan shall immediately cease providing any real estate services to or on behalf of any member of the public;
  2. I CONSIDER IT in the public interest to make an Order pursuant to section 45(2)(c) of the Real Estate Services Act and hereby Order Mr. Wan to immediately collect, prepare and produce for the Council originals or certified copies of the following documents for inspection by the Council or make all such documents available upon such terms as the Council and Mr. Wan may agree:
    1. All text messages, emails, and details of telephone conversations between himself and XXXX, from December 10, 2013 to the date of this Order;
    2. All text messages, emails and details of telephone conversations between himself and XXXX, from December 10, 2013 to the date of this Order;
    3. All text messages, emails and details of telephone conversations he had with his managing broker with respect to XXXX, XXXX, and with respect to the purchase of XXXX.;
    4. The following documents and information for any and all accounts held at a financial institution in the name of Dacheng (Damon) Wan, including any variation of that name, and including but not limited to all accounts held at XXXXX:
        1. Details of all accounts held in the name of Dacheng (Damon) Wan, or any variation of that name, including but not limited to XXXX Account number XXXX (the “Accounts”)
        2. For each of the Accounts, account statements covering the period between February 1, 2014 to the date of this Order;
        3. Cheques and all debit items drawn on the Accounts, if any, between February 1, 2014, and the date of this Order;
        4. Deposit slips, transfer slips, and withdrawal slips, on the Accounts, if any, dated between February 1, 2014, and the date of this Order;
        5. Records of wire transfers, on the Accounts, if any, sent or received between February 1, 2014, and the date of this Order;
        6. Records of drafts or money orders, on the Accounts, if any, received or drawn between February 1, 2014, and the date of this Order; and
    1. A detailed statement of events starting from when Mr. Wan met XXXX, how he referred her to XXXX, how he knew XXXX, and when he became aware that XXXX gave XXXX the Bank Draft and all other events pertinent to the matter as described in the affidavit. (together the “Documents”)
  1. I CONSIDER IT in the public interest to make an Order under section 46(3) of the Real Estate Services Act and hereby Order XXXX to hold any and all accounts, trust accounts, client funds, securities, term deposits, registered savings accounts and/or general accounts, including but not limited to Account number XXXX, on deposit for, or in the name of Dacheng (Damon) Wan, Damon Wan, or Dacheng Wan, or any variation thereof, held solely or jointly until further Order of the Real Estate Council.

TAKE NOTICE that Dacheng (Damon) Wan may, pursuant to section 45(6) of the Real Estate Services Act, require a disciplinary hearing to be held by delivering written notice to the Real Estate Council.

Dated at the

City of Vancouver,

Province of British Columbia

this 10th day of April, 2014.

DISCIPLINE COMMITTEE

 Rick Valouche

(Discipline Committee Member of the Real Estate Council on behalf of the Discipline Committee)

 

 

  

P: April 11, 2014  R: no