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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: Kim Cuong The Nguyen
File: 14-010
Date of Consent Order: July 24, 2015

Issue: Kim Cuong The Nguyen, representative, Local Venture Corp. dba Homeland Realty, Vancouver, entered into a Consent Order with the Council that, while licensed with Legend Real Estate Group Ltd. dba Coldwell Banker Legend Real Estate Group, Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that, in an exclusive buyer’s agency contract she entered into on behalf of her brokerage with four clients dated May 31, 2014 with an expiry date of September 15, 2014, she:

(a) contravened section 3-4 of the Council Rules by failing to obtain instructions from her clients in writing to change the expiry date of the said contract and fill in the brokerage remuneration, and then have her clients initial these changes; and

(b) contravened section 5-2 of the Council Rules by failing to deliver a copy of the buyer’s agency agreement dated May 31, 2014 to her clients immediately upon execution.

Result: Kim Cuong The Nguyen was subject to an Order of a discipline committee that she: (a) be suspended for twenty-one (21) days from September 2, 2015 to September 22, 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 $1,500.00.

P: August 28, 2015 R: August 28, 2020