Mr. Yan committed professional misconduct in that he:
- failed to discover and, or alternatively, advise the buyer prior to the buyer submitting an offer to purchase the property that there was a tenancy agreement in place that could affect the buyer’s ability to obtain vacant possession of the property;
- drafted a contract of purchase and sale that included a vacant possession date that was earlier than the earliest date that the tenants of the property could be required to end their tenancy under the Residential Tenancy Act; and
- failed to include a provision in the Contract that addressed the notice required to be provided to the tenants of the property to end their tenancy under the Residential Tenancy Act.
A discipline committee of the Council has ordered the following:
- Mr. Yan’s licence is suspended for 14 days, from September 19, 2018 to October 3, 2018, inclusive. During this time. Mr. Yan is prohibited from acting as an unlicensed assistant.
- At his own expense, Mr. Yan must successfully complete the Real Estate Trading Services Remedial Education Course.
- Mr. Yan must pay enforcement expenses of $1,500 to the Council.
Real Estate Services Act
- 35(1)(a) [Misconduct by licensee] Read more - will open in a new tab
Real Estate Rules
Full consent order is available as a PDF.