Consent Order

Breach of Section 31(1)(c) of the Act and Section 9.16(b) of Regulation 75/61 under the Act/Misconduct

Park City Realty Ltd., Vancouver breached Section 9.16 of Regulation 75/61 under the Real Estate Act in that it did not have a nominee in active charge of the business of the agent.

Michael Chang, nominee, Park City Realty Ltd., Vancouver misconducted himself within the meaning of Section 31(1)(c) under the Real Estate Act in that, on behalf of a purported buyer, and the purported seller in respect of the purported purchase and sale of a total of nine strata lots, he

1. signed the name of the purported seller to listing contracts in respect of six strata lots and to listing contracts in respect of three other strata lots, without the authorization of the said seller;
2. failed to ensure that the seller, the registered owner of the nine strata lots, signed the said listing contracts;
3. submitted the sham listing agreements and sham contracts in respect of the nine strata lots to the Real Estate Board of Greater Vancouver, signed by the purported buyer and the purported seller, knowing that the sham listing agreements and sham contracts were false and misleading;
4. represented the sale price of each of the nine strata lots as $16,000 when that was untrue and misleading.

Results

Park City Realty Ltd. was reprimanded for breach of the Act as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Mr. Chang on behalf of Park City Realty Ltd. and a Consent Order was issued.

Michael Chang's nominee licence was cancelled, effective September 30, 2004, and no applications for same would be taken for a period of four years from the date of cancellation of his nominee's licence. In addition, before relicensing as a nominee or agent 9.15, he will have to take the Real Estate Agent's Pre-Licensing Course and successfully pass the Examination. Mr. Chang would be eligible for licensing as a salesperson after a period of 180 days from the date of the cancellation of his nominee licence, or after March 29, 2005, provided he successfully completes Chapter 9 (Professional Ethics) and Chapter 10 (The Law of Contract) of the Real Estate Salesperson's Pre-Licensing Course. As a condition of his relicensing and continued licensing, he is ordered to attend his employing agent's office meetings on a regular basis and that his supervising nominee shall meet with him whenever necessary, and at least once per month, to review his transactions and work, generally. His employing nominee will be given a copy of this decision and, as a condition of Mr. Chang's relicensing and continued licensing he or she will provide the Council with monthly reports for a period of two years from the date of becoming licensed with that agent. The nominee will indicate in these reports that he or she has reviewed Mr. Chang's contracts and other work in general and whether, to the best of his or her knowledge he has complied with the Real Estate Act and Regulations. Anything of an adverse nature with respect to Mr. Chang's activities will be immediately reported to the Council by the employing nominee.