A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Frances Hiu Ping Chow, and found that she committed professional misconduct while acting as the listing agent in the 2015 sale of a property, a new home built by an owner-builder (the “Property”), when:
- prior to listing the Property for sale, she did not confirm that the seller had obtained a BC Housing Owner-Builder Disclosure Notice (“OBDN”), that stated whether the Property was built under an Owner Builder Authorization and whether the Property was covered by a policy of home warranty insurance;
- prior to an offer being made for the Property, she did not ensure that the seller had, as they were required to do so under section 21(2) of the Homeowner Protection Act (“HPA”), provided the buyer with the OBDN; and
- she failed to advise the seller to seek independent professional advice with respect to her obligations under the HPA and the conditions that must be met for selling the Property.
A discipline committee of the Council has ordered, and Frances Hiu Ping Chow has agreed to, the following penalties:
- a discipline penalty of $3,500;
- enforcement expenses of $1,500; and
- successful completion of the Homeowner Protection Act: Protect Your Sellers and Yourself Course.
Real Estate Services Act
- 35(1)(a) [Misconduct by licensee] Read more
Real Estate Rules
Full consent order is available as a PDF.