Consent Order

Yana Masalitina, aka Yana Lyon, while licensed with Homelife Benchmark Titus Realty, did not act in her buyer-client's best interests when she allowed her client to provide a non-refundable bank draft to an unlicensed third party for delivery to the seller. Ms. Lyon failed in her duties to act honestly and with reasonable care and skill.

Although her client had instructed her to ensure an addendum was signed before the deposit was delivered to the seller, Ms. Lyon did not do so. Ms. Lyon did not follow her client's lawful instructions, as is required of licensees.

Ms. Lyon did not advise her buyer-client to seek independent professional advice about the deposit, which was to be paid directly to the seller. Licensees must advise their clients to seek independent professional advice on matters outside of their expertise.

Results

A discipline committee of the Council has ordered the following:

1. Ms. Lyon is reprimanded, and must pay a discipline penalty of $7,500.00 to the Council.
2. Ms. Lyon will be under the direct supervision of a managing broker for a period of not less than one year following the reinstatement or issuance of her licence, as more particularly described in the terms of the Enhanced Supervision attached as Schedule 1 to this Order. Ms. Lyon further agrees that the terms of the Enhanced Supervision form part of this Consent Order, pursuant to section 41 of the RESA.
3. At her own expense, Ms. Lyon must successfully complete the Real Estate Trading Services Remedial Education Course.
4. Ms. Lyon must pay enforcement expenses of $1,500.00 to the Council.