Ying Yi (Carol) Tan represented a buyer in the purchase of a property occupied by a tenant. Although Ms. Tan was aware that the buyer wanted vacant possession of the property, she did not include a Notice to Tenants clause in the Contract of Purchase and Sale.
Ms. Tan did not provide the seller with written confirmation in the required time frame that the buyer intended to occupy the property, although she ought to have known that a Two Month Notice to End Tenancy had to be delivered to the tenant.
All licensees must act in the best interests of their clients and with reasonable care and skill. By not recommending or including a Notice to Tenants clause in the Contract of Purchase and Sale, and by not providing timely written confirmation of the buyer’s intention to occupy the property, Ms. Tan failed in her obligations to her client. Her actions contravened sections 3-3(a) and 3-4 of the Rules.
A discipline committee of the Council has ordered the following:
- Ms. Tan is reprimanded.
- At her own expense, Ms. Tan must successfully complete the Real Estate Trading Services Remedial Education Course.
- Ms. Tan must pay enforcement expenses of $1,500.00 to the Council.
Full consent order is available as a PDF.