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

File: 11-411

Date of Consent Order: August 17, 2015

Issue: Yu-Hsiang (Lester) Lin, representative, Lester Lin Realty, Vancouver, entered into a Consent Order with the Council that, while licensed with Multiple Realty Ltd., Vancouver, he committed professional misconduct within the meaning of sections 35(1)(a), (c), (d) and 35(2) of the Real Estate Services Act in relation to a Contract of Purchase and Sale dated June 13, 2011 for the sale and purchase of the property located on Irmin Street, Burnaby, B.C. in that he:

1. permitted the buyer to leave the contract blank except for his name, phone number, occupation and signature and then caused another licensee to insert the price, deposit amount, and her name as buying agent, sign the Working With a REALTOR® brochure, the Limited Dual Agency Agreement and witness the buyer's signature on the contract when he knew that the licensee had never met nor had any contact with the buyer and while he was purporting to act as a limited dual agent, contrary to section 35(1)(c) of the Real Estate Services Act:
2. demonstrated incompetence when he failed to disclose all known material information respecting the subject property and failed to provide to the buyer a copy of the title search for the subject property or disclose to the buyer that the property was subject to a significant easement in favour of the District of Burnaby, prior to permitting the buyer to write a subject free offer, contrary to section 35(1)(d) of the Real Estate Services Act and section 3-3(1)(f) of the Council Rules;
3. failed to advise the buyer of the nature of the representation that he was providing in that he failed to ensure that the buyer agreed to and signed the Limited Dual Agency Agreement prior to Mr. Lin providing real estate services and before the buyer's unconditional offer had been accepted;
4. acted in a deceptive manner while he was acting in the capacity of a limited dual agent in that he told the buyer that any offer made by the buyer would be considered in the context of a multiple offer situation, which information caused the buyer to write a subject free offer, when that information was not true, contrary to section 35(1)(c) of the Real Estate Services Act;
5. acted in a deceptive manner and allowed a false or misleading statement to be made to the Council in that he made a statement to the Council through his managing broker in which he confirmed a builder, G.M., that he was representing, had signed an offer for the subject property in the sum of $1,100,000, which information was not true, contrary to section 35(1)(c) of the Real Estate Services Act;
6. made two untrue statements to the Council concerning an offer on the subject property by a licensee, K.S., contrary to section 35(1)(c) of the Real Estate Services Act including:
   1. his March 12, 2013 statement that K.S. had presented an offer when no offer had been presented;
   2. his May 8, 2013 statement that K.S. had told him he would be writing an offer but K.S. did not attend at the time of the presentation to the sellers, and;
7. caused the fabrication of evidence of an offer to purchase on the subject property which had been delivered to the sellers by D.Y., on behalf of a licensee, B.W. and caused D.Y. to provide a statement to the Real Estate Errors and Omissions Insurance Corporation which described her role in the delivery of the offer to purchase the subject property, which statement she subsequently recanted in full, contrary to sections 35(1)(c), 35(1)(g) and 35(2) of the Real Estate Services Act.

Results

Yu-Hsiang (Lester) Lin was subject to an Order of a discipline committee that he:

1. be suspended for one (1) year from September 23, 2015 to September 22, 2016, inclusive;
2. pay a discipline penalty to the Council in the amount of $10,000.00;
3. at his own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course;
4. at his own expense, successfully complete the Accelerated Residential Trading Services Applied Practice Course; and
5. pay enforcement expenses to the Council in the amount of $1,250.00.

Upon reinstatement of his licence, he will be under the direct supervision of his managing broker or successor managing broker for a period of two years from the date of reinstatement; he will advise his managing broker of any licensed or unlicensed assistants working with him; his managing broker will review all of his transactions, whether conducted on his own behalf, while acting as a licensee on behalf of other parties, as well as any transactions of any licensed assistant working with him, and his managing broker will report anything of an adverse nature to the Council with respect to these transactions.