Consent Order

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

Issue: Elisa Yim Ming Tang, representative, Magsen Realty Inc., Vancouver, entered into a Consent Order with the Council that, while licensed with Regent Park Fairchild Realty Inc., Richmond, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she:

1. contravened section 7(3)(a) of the Real Estate Services Act in that she, either on her own, or under the name of "Century Agency" provided rental property management services on behalf of the owners of five properties in Vancouver (together the "Properties") other than on behalf of the brokerage in relation to which she was licensed, from approximately April 2011 until January 2014, without complying with the exemptions set out in sections 9-1 and 9-2 of the Council Rules;
2. contravened section 7(3)(b) of the Real Estate Services Act, in that she accepted remuneration directly from the owners of the Properties, in relation to real estate services that she and/or Century Agency provided and she was not remunerated from or through Regent Park Fairchild Realty Inc., ("Regent Park") being the brokerage in relation to which she was licensed, from approximately April 2011 to September 2014;
3. contravened section 3(1)(a) of the Real Estate Services Act by providing rental property management services for the owners of the Properties, as described above, from April 2011 to January 2014, when she was not licensed to do so, and without complying with the exemptions set out in sections 9-1 and 9-2 of the Council Rules;
4. contravened section 27(1)(a) of the Real Estate Services Act by failing to promptly deliver to Regent Park all monies held or received by her from, for, or on behalf of her clients, or Century Agency's clients, as the case may be, and in particular rental monies and security deposits received from tenants in the Properties, that were not provided to Regent Park to be held in Regent Park's trust account, from approximately April 2011 to January 2014;
5. contravened section 27(1) (b) of the Real Estate Services Act, in that she failed to promptly pay or deliver all money held or received on account of remuneration for real estate services received by her, or by Century Agency, from the owners of the Properties, which should have been held in Regent Park's trust account from approximately April 2011 to January 2014; and
6. contravened section 3-2(2)(a) of the Council Rules by failing to inform her managing broker of the rental property management services provided to the owners of the Properties from approximately April 2011 to January 2014.

Results

Elisa Yim Ming Tang was subject to an Order of a discipline committee that she:

1. be suspended for fourteen (14) days from April 22, 2015 to May 5, 2015, inclusive;
2. at her own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course; and
3. pay enforcement expenses to the Council in the amount of $1,250.00.