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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:  Judy Yu Chun Cheng

File: 11-411

Date of Consent Order:  March 9, 2015

Issue: Judy Yu Chun Cheng, representative, City Realty Ltd. dba Re/Max City Realty, Vancouver, entered into a Consent Order with the Council that while licensed with Multiple Realty Ltd. (Rhmd), Richmond, she committed professional misconduct within the meaning of section 35(1)(a), (c) and/or (d) of the Real Estate Services Act in that she acted in a deceptive manner and/or demonstrated incompetence and/or failed to act honestly when, having never spoken to the buyer, she:

(a) recorded on the contract for the subject property that she had an agency relationship with the buyer;

(b) recorded her name on the Working with a Realtor® Brochure indicating she had a limited dual agency agreement with the buyer;

(c) purported to record the personal information of the buyer on the CREA Individual Identification Information Record Form dated June 14, 2011, when she had never met or spoken to the buyer; and

(d) signed as witness to the signature of the buyer on the contract and on the Limited dual Agency Agreement dated June 13, 2011 respectively for the subject property when she was not present at the time that the buyer signed those documents.

Result: Judy Yu Chun Cheng was subject to an Order of a discipline committee that she: (a) be suspended for forty-five (45) days from April 29, 2015 to June 12, 2015, inclusive; (b) at her own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course; and (c) pay enforcement expenses to the Council in the amount of $1,250.00.

P: April 13, 2015 R: April 13, 2020