Consent Order

Shifen (Susan) Su, while licensed with Royal Pacific Tri-Cities Realty, engaged in conduct unbecoming a licensee. Ms. Su attended the property of elderly sellers in order to present her own offer to buy the property when she knew (or ought to have known) that the sellers were represented by a licensee, and that they had already entered into a firm contract.

Ms. Su did not properly disclose to the sellers that she was a licensee.

She presented her own offer directly to the sellers without informing their agent, despite knowing that they had their own agent. She also did not ensure that the sellers did not have an accepted offer on the property. By doing so, she demonstrated incompetence.

By presenting her own offer directly to the sellers without their agent's knowledge or consent, Ms. Su failed to take reasonable steps to avoid a conflict of interest. She also did not promptly and fully disclose the existence of a conflict of interest to the sellers.

She provided real estate services outside her brokerage, and also failed to keep her managing broker fully informed of the real estate services she was providing.

Results

A discipline committee of the Council has ordered the following:

1. Ms. Su's licence is suspended for 120 days, from November 22, 2017 to March 22, 2018 inclusive. Ms. Su must not act as an unlicensed assistant during the time of her licence suspension.
2. Ms. Su must pay enforcement expenses of $1,500.00 to the Council.
3. Ms. Su must be under the direct supervision of a managing broker for a period of one year following the end of the suspension period as more particularly described in the terms of the Enhanced Supervision Agreement attached as Schedule 1 to this Consent Order and the terms of the Enhanced Supervision Agreement shall form part of any Order made pursuant to s. 41 of the RESA.
4. At her own expense, Ms. Su must successfully complete the Real Estate Trading Services Remedial Education course in the time period as directed by the Council.