Consent Order

A discipline committee of the Real Estate Council of British Columbia (the “Council”) accepted the Consent Order Proposal submitted by Guanyu (David) Yin (“Mr. Yin”) and found that Mr. Yin committed professional misconduct when:

1. he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that while acting as the buyers’ representative in connection with the buyers’ intended purchase of a property:
   1. he did not take reasonable steps to determine whether the named seller of the property, being an estate, had the legal authority to enter into an agreement for the purchase and sale of the property when at all material times the registered owner of the property was not the named seller;
   2. he did not advise the buyers to seek independent legal advice about the named seller’s authority to enter into an agreement for the purchase and sale of the property when at all material times the registered owner of the property was not the named seller; and
2. he did not take reasonable and sufficient steps to determine:
   1. the actual square footage of the property,
   2. the actual amount of the monthly fees to be paid by the owner of the property to the relevant strata corporation,
   3. the number and type of parking spaces allocated to the property, and
   4. whether there was a rental restriction on the property.

Results

A discipline committee of the Council has ordered, and Mr. Yin has agreed to, the following penalties:

1. a discipline penalty of $3,500;
2. enforcement expenses of $1,500; and
3. successful completion of the Real Estate Trading Services Remedial Education Course.