REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Date of Consent Order: June 9, 2015
Issue: Hsin Ju (Amy) Tsao, representative, Star-West Realty Ltd. dba RE/MAX Select Properties, Vancouver, entered into a Consent Order with the Council that, while licensed with City Realty Ltd. dba RE/MAX City Realty, Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act with respect to the purchase and sale of residential strata property located on Nanaimo Street, Vancouver, in that she:
(i) contrary to section 5-9(1) of the Council Rules, failed to disclose to the buyer, in writing, prior to an agreement being entered into for the disposition of her property, that she was a licensee and the registered owner and/or seller of the property being disposed of;
(ii) contrary to sections 3-3(i) and (j) of the Council Rules, failed to take reasonable steps to avoid a conflict of interest, and when that conflict arose, she failed to disclose the conflict to the buyer, in that she hosted an open house for the showing of the property, and without disclosing that she was the registered owner and seller of the property, counseled the buyer about an offer to the seller, and prepared a Contract of Purchase and Sale on behalf of the buyer for presentation to the seller;
(iii) contrary to section 5-10(a) of the Council Rules, failed to disclose the nature of the representation that she would be providing to the buyer in that she indicated on the agency agreement and the Contract of Purchase and Sale that SY, a representative with the brokerage, was the limited dual agent and preparer of the offer;
(iv) contrary to section 35(1)(c) of the Real Estate Services Act, acted in a deceptive manner, in that she knowingly failed to disclose to the buyer that she was the registered owner of the property and the seller; and, during negotiations with the buyer for the purchase of the property, she repeatedly made references in various emails and other communications with the buyer to “the seller” which led the buyer to believe that the seller was a party who was separate and distinct from herself; and
(v) contrary to section 3-4 of the Council Rules, made representations to the buyer that they would have access to, and use of, the strata corporation’s recreational facilities, when she knew or ought to have known that that was not the case.
Result: Hsin Ju (Amy) Tsao was subject to an Order of a discipline committee that she: (a) be suspended for fourteen (14) days from July 15, 2015 to July 28, 2015, inclusive; (b) was ordered that she not act as an unlicensed assistant during the suspension period; (c) pay a discipline penalty to the Council in the amount of $2,500.00; (d) at her own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course; and (e) pay enforcement expenses to the Council in the amount of $1,250.00.