Ken Cheng Min Phuah did not adequately supervise his unlicensed assistant. Mr. Phuah allowed his unlicensed assistant to provide trading services and to present himself as though he was licensed to provide those services.
As a licensee, Mr. Phuah has a duty to act with reasonable care and skill, and to ensure that his employees are properly supervised. Mr. Phuah failed in these duties, contravening sections 3-2(4) and 3-4 of the Rules.
In his real estate advertising, Mr. Phuah used the address of his own property development company rather than the address of his brokerage, contravening section 4-6(4) of the Rules.
A discipline committee of the Council has ordered the following:
- Mr. Phuah is reprimanded.
- At his own expense, Mr. Phuah must successfully complete the Real Estate Trading Services Remedial Education Course.
- For two years, from February 22, 2017 until February 22, 2019, a condition is placed on Mr. Phuah’s licence, stating that he must provide adequate, appropriate, and ongoing training to all unlicensed assistants in his employ as to what activities may and may not be performed while acting as an unlicensed assistant.
- Mr. Phuah must pay enforcement expenses of $1,500.00 to the Council.
As Mr. Phuah has a personal real estate corporation, the licence of Ken Phuah Personal Real Estate Corporation is also reprimanded, the same conditions are placed on its licence, and it is equally responsible for the payment of enforcement expenses.
Full consent order is available as a PDF.