Disciplinary Hearing

An appeal of the Reasons for Decision Regarding Liability dated April 9, 2021 and Decision Regarding Sanction dated July 29, 2021 (collectively the “RECBC Decision”) was filed with the Financial Services Tribunal on August 12, 2021. An interim stay of the RECBC decision was granted by the FST on September 20, 2021. On April 22, 2022, the Financial Services Tribunal rendered a decision on Ms. Yang's appeal.

Decision On Interim Stay Application

Decision on Appeal

File No. 15-493

The Discipline Committee has found that Ms. Yang and Wendy Yang Personal Real Estate Corporation (WY Personal Real Estate Corporation) committed professional misconduct when they failed to:

1. Advise the sellers that upon cancelling the listing, the Bxxxxxxxx Property could not be re-listed for 60 days;
2. Cancel the listing within a reasonable time of the sellers’ instructions; and
3. Provide a copy of the cancellation form to the sellers.

File No. 15-845

The Discipline Committee has found that Ms. Yang and WY Personal Real Estate Corporation committed professional misconduct in that they:

1. Allowed the Gxxxxxxxx Sale Contract to improperly label herself and Mr. Sxxxx as seller’s agents and Mr. Lx as buyer’s agent despite a dual agency agreement;
2. Failed to disclose everyone on the Team as designated agents for the sellers in the Gxxxxxxxx Listing Contract;
3. Failed to disclose everyone on the Team in the Gxxxxxxxx Sale Contract; and
4. Failed to disclose to the buyer the full amount of the commission.

File No. 15-802

The Discipline Committee has found that Ms. Yang and WY Personal Real Estate Corporation committed professional misconduct in that they:

1. Allowed the xxxx Sale Contract to improperly identify herself as the seller’s agent and Mr. Zxxxx as the buyer’s agent despite a dual agency agreement;
2. Failed to disclose everyone on the Team, and specifically Mr. Zxxxx, as designated agents for the sellers in the xxxx Listing Contract; and
3. Failed to disclose everyone on the Team in the xxxx Sale Contract.

File No. 15-736

The Discipline Committee has found that Ms. Yang and WY Personal Real Estate Corporation committed professional misconduct in that they:

1. Misused an amendment form to change the expiry date for the Lxxxxx Listing Contract from June 30, 2016 to February 1, 2016;
2. Failed to provide real estate services only on behalf of New Coast Realty on February 2, 2016; and
3. Failed to keep New Coast Realty informed of the services provided.

File No. 15-470

The Discipline Committee has found that Ms. Yang and WY Personal Real Estate Corporation committed professional misconduct and conduct unbecoming in that they:

1. Failed to provide the Sxxxxxx Property transaction documents to New Coast Realty for 15 days;
2. Amended, without the consent of New Coast Realty, listing contracts so that they would expire early and used a photocopied signature of a managing broker;
3. Failed to provide the January 27 Forms, the January 28 Forms, or the January 29 Forms to New Coast Realty;
4. Falsified the Wxxxxxxx Amendment Form using the photocopied signature of Mr. Rxxxxxxxx;
5. Failed to promptly provide the Wxxxxxxx Amendment Form (as distinct from the Wxxxxxxx Sales Contract) to New Coast Realty;
6. Failed to provide the Sxxxxxx Property transaction documents to New Coast Realty until February 16, 2016; and
7. Falsified the Wxxxxxxx Amendment Form in order to amend the Wxxxxxxx Listing Contract.

File No. 15-813

The Discipline Committee has found that Ms. Yang and WY Personal Real Estate Corporation committed professional misconduct and conduct unbecoming when they failed to provide:

1. Real estate services only on behalf of New Coast Realty on February 2, 2016; and
2. Accurate brokerage information in the Gxxxxx Listing Contract.

Results

The Discipline Committee has ordered the following penalties:

1. Ms. Wei Qing (Wendy) Yang be suspended for one (1) year;
2. Ms. Wei Qing (Wendy) Yang be prohibited from acting as an unlicensed assistant during the licence suspension period;
3. Ms. Wei Qing (Wendy) Yang, at her own expense, register for and successfully complete the Council’s Real Estate Trading Services Remedial Education Course and the Real Estate Institute’s Ethics in Business Practice course within one (1) year from the date of this decision;
4. Ms. Wei Qing (Wendy) Yang pay enforcement expenses to BCFSA in the amount of $150,000 within one (1) year from the date of this decision; and
5. If Ms. Wei Qing (Wendy) Yang fails to comply with any of the terms of the decision as set out above, her licence may be suspended or cancelled without further notice pursuant to section 43(3) and 43(4) of the RESA.

Discipline Committee Reasons for Decision Regarding Liability

Discipline Committee Reasons for Decision Regarding Sanction

Discipline Committee Supplemental Reasons for Decision Regarding Sanction