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Patrick Shiu-Ming Leung, Managing Broker, Park Georgia Realty Ltd., Vancouver
File 13-258; 13-306; 15-732
Consent Order: October 19, 2018
Read the full Consent Order (PDF)

 


 

Summary 13-258

Mr. Leung, while licensed as a managing broker with New Coast Realty, committed professional misconduct when he:

  • permitted unlicensed individuals to provide real estate services on behalf of the brokerage and permitted an associate broker to provide rental property management outside of the brokerage;
  • permitted unlicensed individuals to be paid by the brokerage for providing real estate services on behalf of the brokerage; 
  • in relation to a property located in Vancouver, Mr. Leung also failed to:
    • maintain proper books and records;
    • keep copies of all written disclosures and their related acknowledgments; and
    • keep copies of the agency disclosures regarding representation; and
  • allowed a deposit cheque with respect to the purchase of a property located in Richmond to be deposited into the brokerage’s general account and not the trust account, thereby incurring a negative balance in the brokerage’s trust account and records. He did not notify the Council about the negative balance or ensure that immediate steps were taken to eliminate the negative balance in the trust account until four months later.

Contraventions
Real Estate Services Act

Rules

 

Summary 13-306

Mr. Leung committed professional misconduct when he failed to fulfill his responsibilities with respect to the performance of the duties imposed upon New Coast Realty by its licence, when:

  1. Mr. Leung failed to be actively engaged in the management of New Coast Realty and to supervise employees and the representatives who were licensed in relation to, and who performed duties on behalf of New Coast Realty in that he:
    • believed H.Y. to be a licensed assistant only, and was unaware that she was holding herself out as a member of M.Y.’s team;
    • permitted M.Y. to advertise and operate under the “Team M.Y.” when he knew (or ought to have known) that that team name had not been approved by the Council;
    • permitted H.Y. to advertise and operate under “Team M.Y.” when he knew (or ought to have known) that that team name had not been approved by the Council.
  2. Mr. Leung failed to ensure that the business of New Coast Realty was carried out competently and in accordance with the Real Estate Services Act, regulations, the Rules, and bylaws, and failed to have control and conduct of New Coast Realty’s real estate business, when he was unaware of:
    • the transaction that M.Y. and H.Y. were engaged in on behalf of New Coast Realty;
    • the nature of representation that either or both were providing to the buyer, or about the documents that they were preparing on behalf of; and the communications they were having with, the seller and buyer.

Contraventions
Real Estate Services Act

Rules

 

Summary 15-732

Mr. Leung committed professional misconduct when he failed to be actively engaged in the management of New Coast Realty, and to supervise its representatives, employees and others who performed duties on behalf of the brokerage, in that he:

  • failed to provide adequately fulsome information on the definition of associate to licensees at the brokerage with respect to when and under what circumstances the disclosure of interest in trade form should be provided to a party to a transaction; and
  • was unaware of:
    • the nature of the transaction that a licensee at the brokerage, S.L., was engaged in on behalf of New Coast Realty, in relation to the purchase and sale of a property in Richmond;
    • the nature of representation that S.L. was providing to Z.W., the director of New Coast Realty, in relation to that transaction;
    • the documents that S.L. was preparing or neglecting to prepare on behalf of Z.W. and the brokerage; and
    • the trading service records for the transaction that were provided to the brokerage’s conveyancing department or in the deal file.

Contraventions
Real Estate Services Act

Rules

Result

A discipline committee of the Council has ordered the following:

  1. Mr. Leung license is suspended for forty five (45) days, from December 5, 2018 to January 18, 2019.
  2. Mr. Leung may not act as a managing broker, associate broker or as an unlicensed employee for any brokerage during the licence suspension period.
  3. Mr. Leung must pay a discipline penalty of $5,000 to the Council.
  4. Mr. Leung must pay enforcement expenses of $4,500 to the Council.
  5. At his own expense, Mr. Leung must successfully complete the Broker’s Remedial Education Course.

 

Posted December 5, 2018