Disciplinary Hearing

Published on
squircle icon
Licensee
Ross Chonn
Brokerage at Time of Sanctioned Activity
One Percent Realty Ltd. & Fair Realty Ltd.
Current Brokerage
Disciplinary Hearing Date
4 August 2021

Summary

The Discipline Committee has found that Mr. Ross Chonn committed professional misconduct and conduct unbecoming in that he: 

  1. Acted outside of his brokerage;
  2. Accepted remuneration from persons other than his brokerage;
  3. Failed to provide trading records to his managing broker and to keep his managing broker aware of the real estate services he was providing;
  4. Failed to meet duties to his clients including
    1. Acting in the best interests of the client;
    2. Advising the client to seek independent professional legal advice on matters outside of the expertise of the licensee;
    3. Disclosing to the client all known material information respecting the real estate services;
    4. Taking reasonable steps to avoid any conflict of interest; and
    5. Promptly and fully disclosing any conflict to the client.
  5. Failed to act with reasonable care and skill;
  6. Failed to promptly deliver a copy of the signed acceptance to each of the parties;
  7. Failed to explain and adequately disclose the nature of his representation as a designated agent and as a limited dual agent; and
  8. Failed to disclose material information to the client.

 

(See Sanction Decision para.6).

 

Results

The Discipline Committee has ordered the following penalties:

  1. The Respondent’s licence be (notionally) cancelled;
  2. The Respondent pay a discipline penalty of $23,250 to be paid within three (3) months of the date of this order;
  3. The Respondent, at his own expense, register for and successfully complete
    1. The Real Estate Trading Services Remedial Education course as provided by the Sauder School of Business at the University of British Columbia; and
    2. The REIC2600 Ethics in Business Practice course as provided by the Real Estate Institute of Canada.
  4. The Respondent pay enforcement expenses to Council in the amount of $51,563.45 within twelve (12) months from the date of this order;
  5. The Respondent be prohibited from applying for licensing until after
    1. Five (5) years from the date of this order;
    2. The Respondent has refrained from acting as an unlicensed assistant for a period of five (5) years prior to re-licensing;
    3. The Respondent has successfully completed the remedial courses specified in this order; and
    4. The Respondent has paid both the discipline penalty and the enforcement expenses ordered by Committee (as addressed further below).
  6. The Respondent’s licence, following any re-licensing, include a condition requiring enhanced supervision by a managing broker for a period of not less than 24 months, substantially pursuant to the terms set out in the August 4, 2021 Decision.

 

Discipline Committee Reasons for Decision Regarding Liability

Discipline Committee Reasons for Decision Regarding Sanction

Contraventions

  • Real Estate Services Act
    • 7(3)(a) & (b) [Relationships between brokerages and other licencees]
      Read More
    • 35(1)(a) & (d) [Misconduct by licensee]
      Read More
    • 35(2) [Misconduct by licencee]
      Read More
  • Real Estate Rules
    • 3-2(1)(b) [Associate broker and representative responsibilities]
      Read More
    • 3-2(2) [Associate broker and representative responsibilities]
      Read More
    • 3-4 [Duty to act honestly and with reasonable care and skill]
      Read More
    • 5-4 [Acceptance of offer]
      Read More
    • 5-10 [Disclosure of representation in trading services]
      Read More
    • 5-11 [Disclosure of remuneration]
      Read More