Consent Order

Mi Na Zhang permitted her unlicensed assistant to perform real estate duties while she was away, and did not ensure there was an adequate level of supervision for the unlicensed assistant.

Ms. Zhang did not include the Confirmation of Tenancy Details Clause, recommended in the Professional Standards Manual, in the contract when she knew (or ought to have known) that tenants were residing at the property.

Results

A discipline committee of the Council has ordered the following:

1. Ms. Zhang is reprimanded, and must pay a discipline penalty of $2,500.00
2. At her own expense, Ms. Zhang must successfully complete the Real Estate Trading Services Remedial Education Course.
3. Ms. Zhang must pay enforcement expenses of $1,500.00 to the Council.
4. Within 90 days of this order, Ms. Zhang must:
   1. review with her managing broker the use of unlicensed assistants under the Real Estate Services Act and what services an unlicensed assistant can provide to the public;
   2. Submit to the Council a certification signed by her managing broker confirming that she 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 she has learned from this incident and from the review and how it will guide her practice in the future.

As Ms. Zhang has a personal real estate corporation, the licence of Mina Zhang Personal Real Estate Corporation is also reprimanded, and is equally responsible for paying the discipline penalty and enforcement expenses.