Consent Order

Ms. Yu, while licensed with Metro Edge Realty, committed professional misconduct while acting for a buyer and her mother in the sale of a property located in Richmond, when she:

1. provided real estate services other than on behalf of the brokerage to which she was licensed;
2. did not promptly provide her managing broker with the original or a copy of all records in relation to the sale of a property;
3. did not keep her managing broker informed about the real estate services she was providing;
4. did not notify her managing broker that the deposit had not been received in relation to the contract; and
5. failed to identify in the contract of purchase and sale for the property the following:
6. her brokerage or herself;
7. the agency relationship between her and the buyer, and her and the seller; and
8. where the bank draft for the deposit would be held.

Contraventions Real Estate Services Act

• 35(1)(a) [Misconduct by licensee]
• 7(3)(a) [Relationships between brokerages and other licensees]

Rules

• 3-2(1) [Associate broker and representative responsibilities]
• 3-2(2)(a) [Associate broker and representative responsibilities]
• 3-2(2)(b)[Associate broker and representative responsibilities]
• 3-4 [Duty to act with reasonable care and skill]

Results

A discipline committee of the Council has ordered the following:

1. Ms. Yu is reprimanded and must pay a discipline penalty of $7,500 to the Council.
2. Ms. Yu must pay enforcement expenses of $1,500 to the Council.
3. At her own expense, Ms. Yu must successfully complete the Real Estate Trading Services Remedial Education Course.

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