Consent Order

Published on 21 September, 2018

Women reading notebook with computer
Licensee
Hao (Landon) Yan
Current brokerage
Royal LePage Kelowna
Brokerage at time of sanctioned activity
Royal LePage Kelowna
Consent Order date
August 20, 2018

Summary

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.

Results

A discipline committee of the Council has ordered the following:

  1. 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.
  2. At his own expense, Mr. Yan must successfully complete the Real Estate Trading Services Remedial Education Course.
  3. Mr. Yan must pay enforcement expenses of $1,500 to the Council.

Contraventions

Real Estate Services Act

Real Estate Rules

  • 3-3(a) [Duty to act in the best interests of your clients] Read more
  • 3-3(f) [Duty to disclose all known material information] Read more
  • 3-3(h) [Duties to clients to use reasonable efforts to discover relevant facts] Read more
  • 3-4 [Duty to act with reasonable care and skill] Read more