Consent Order

A discipline committee of the Council has imposed penalties against Qing (Daniel) Deng that relate to conduct investigated in two files:

Qing (Daniel) Deng was a member of the S.L. team, which was providing real estate services to a seller. Mr. Deng did not identify all his team members on the contracts for this transaction, as required. By doing so, Mr. Deng failed to disclose the representation the S.L. team was providing to the seller.

Licensees must act honestly and with reasonable care and skill, and must fully inform their clients about the representation they will be providing. By failing to disclose the names of all team members, Mr. Deng contravened sections 3-4 and 5-10 of the Rules.

Mr. Deng did not disclose in a timely manner to his seller client that:

• he was paying a referral fee to her friend (who had referred Mr. Deng's services),
• the buyer's agent's commission structure had changed, and
• he and another licensee (acting as the seller's agents) received the balance of the commission, plus GST.

Licensees must act honestly and with reasonable care and skill, and must disclose all known material information to clients. Mr. Deng failed in these duties, contravening sections 3-4 and 3-3(f) of the Rules.

Mr. Deng did not indicate on the contracts that he was providing real estate services through his personal real estate corporation, contravening section 5-10 of the Rules.

Mr. Deng did not indicate on the contracts that he was providing real estate services through his personal real estate corporation, contravening section 5-10 of the Rules.

Results

A discipline committee of the Council has ordered the following:

1. Mr. Deng is reprimanded, and must pay a discipline penalty of $3,000.00 to the Council.
2. Mr. Deng must pay enforcement expenses of $1,500.00 to the Council.
3. Mr. Deng, within three months of the date of this order, must:
   1. Review with his managing broker the options for buyers to obtain representation or services from the brokerage when the brokerage is already representing the seller;
   2. Submit to the Council a certification signed by his managing broker confirming that he has completed the review;
   3. Prepare and submit to the Chair of the Council a statement which demonstrates, to the satisfaction of the Chair, what he has learned from this incident and the review.

As Mr. Deng has a personal real estate corporation, Daniel Deng Personal Real estate Corporation is also reprimanded, and is equally responsible for paying the discipline penalty and enforcement expenses.