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Yu-Hsiang (Lester) Lin
File: 11-411

 


 

Consent Order: August 17, 2015 
Order for Conditions: December 17, 2015 
Licence Cancellation Order: December 17, 2015 
Financial Services Tribunal Appeal Decision: July 27, 2017 

Update: Mr. Lin filed an appeal of the cancellation of his licence with the Financial Services Tribunal (FST). In its decision of July 27, 2017, the FST directed the Real Estate Council to remit the matter to a discipline committee for reconsideration of the penalty. Pending the reconsideration and delivery of reasons, the cancellation of Mr. Lin’s licence has been set aside. 

Mr. Lin is currently unlicensed.

 

IN THE MATTER OF THE REAL ESTATE SERVICES ACT 

AND 

IN THE MATTER OF YU-HSIANG (LESTER) LIN

CANCELLATION ORDER UNDER SECTION 43(3) and (4) OF THE REAL ESTATE SERVICES ACT 

 

Upon reading the Affidavits of Carmen deFoy, Compliance Officer, of the Real Estate Council of British Columbia sworn December 16, 2015 and Bellia Tan, Compliance Officer, of the Real Estate Council of British Columbia, sworn December 17, 2015:

Whereas a Real Estate Council of British Columbia Discipline Committee, in the form of a Consent Order Review Committee dated August 17, 2015, ordered as follows:

A. Yu-Hsiang (Lester) Lin:

1. be suspended for one (1) year;

2. pay a discipline penalty to the Council in the amount of $10,000.00 within ninety (90) days of the date of this Order;

3. at his own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course as provided by the Real Estate Division, Sauder School of Business at the University of British Columbia in the time period as directed by the Council;

4. at his own expense successfully complete the accelerated Residential Trading Services Applied Practice Course as provided by British Columbia Real Estate Association within the time period as directed by the Council;

5. upon the reinstatement of his licence,

(a) be under the direct supervision of his managing broker or successor managing broker for a period of two years from the date of reinstatement;

(b) advise his managing broker of any licensed or unlicensed assistants working for him;

(c) the managing broker or successor managing broker will review all of his transactions whether conducted on Mr. Lin’s own behalf, while acting as a licensee on behalf of other parties, as well as any transactions of any licensed assistant working with Mr. Lin and the managing broker will report to the Council anything of an adverse nature with respect to those transactions.

6. pay enforcement expenses of this Consent Order to the Council in the amount of $1,250.00 within sixty (60) days from the date of this Order.

B. If Yu-Hsiang (Lester) Lin fails to comply with any term of this Order, the Council may suspend or cancel his licence without further notice to him, pursuant to sections 43(3) and 43(4) of the Real Estate Services Act.

Whereas there has been conduct on the part of Yu-Hsiang (Lester) Lin during his period of suspension, namely that Yu-Hsiang (Lester) Lin is providing real estate services during the period of his suspension contrary to the terms of the Consent Order and contrary to section 20 of RESA;

This Discipline Hearing Committee Orders that, under section 43(4) of the Real Estate Services Act Yu-Hsiang (Lester) Lin’s licence is hereby canceled effective immediately.

TAKE NOTICE that Yu-Hsiang (Lester) Lin may, pursuant to section 43(5) of the Real Estate Services Act, apply to vary or rescind this order by delivering written notice to the Real Estate Council.

 

Dated at the

City of Vancouver,

Province of British Columbia

this 17th day of December, 2015.

DISCIPLINE COMMITTEE

Marylou Leslie

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

 

 

 

Posted December 18, 2015.