REAL ESTATE COUNCIL Suite 900?750 West T?ender Street Vancouver, BC. Canada 2T8 OF BRITISH COLUMBIA TEL: 604 683 9664 877 683 9664 FAX: 604 683 9017 i File #13-081 IN THE MATTER OF THE REAL ESTA TE SER VICES ACT 8.13.0. 2004, e. 42 AND THE MATTER OF XIAO MING (ALRAN) WANG (158367) AND ALBAN WANG PERSONAL REAL ESTATE CORPORATION (158367PC) CONSENT ORDER RESPONDENTS: Xiao Ming (Alben) Wang, Representative, Interlink Realty, while licensed with Sunrieh Realty Ltd. (11351 Amex Sunrieh Realty . DATE OF REVIEW MEETING: July 7, 2016 1: DATE OF CONSENT ORDER: July 19, 2016 CONSENT ORDER REVIEW COMMITTEE: D. Fimrite . I C:Li11dberg 5 C. Squires, Chair ALSO PRESENT: o. Thiele, Director, Legal Services Sheina, Legal Counsel foi? the Real Estate Council PROCEEDINGS: On Juiy 7, 2016 the Consent Order Review committee (the ?Committee?) resolved to accept the Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver submitted by Xiao Ming (Alban) Wang and Albah Wang Personal Real Estate Corporation. . Xian Ming (Alban) Wang and Alb an Wang Pet's onal Real Estate Corporation Page 2 WHEREAS the ASF, a copy of which is attached hereto, has been executed by Xiao Ming (Alban) Wang, Alban Wang Personal Real Estate Corporation and on behalf of the Council; NOW THEREFORE, the Committee having made the ?ndings proPOSed in the attached ASF, and in particular having found that Xiac Ming (Alban) Wang and Alban Wang Personal Real Estate Corporation committed professional misconduct Within the meaning of section of the Real Estate ServicasAct, orders that: l. The licences of Xiac Ming (Albert) Wang and Alban Wang Personal Real Estate Corporation each be suspended for a period of one year; 2. 'Xiao Ming (Alban) Wang and Alban Wang Personal Real Estate Corporation be jointly and severally liable to pay a discipline penalty to the Council in the amount of $10,000.00 Within ninety (90) days of the date of this Order; 3. Xian Ming (Alban) Wang register for and successfully complete the Real Estate Trading Services Remedial Education Course, as provided by the Real Estate Division, Sauder School of Business at the University of British Columbia in the time period as directed by the Council; 4. Xiao Ming (Albeit) Wang and Alban Wang Personal Real Estate Corporation pay enforcement expenses of this Consent Order to the Council in the amount of $1,500.00 Within sixty (60) days from the date of this Orderf - - - If Xiao Ming (Albee) Wang or Alban Wang Personal Real Estate Corporation fail to comply with any term of this Order, the Council may suspend or cancel their licences without fu1the1' notice to them, pursuant to sections 43(3) and 43(4) of the Real Estate ServicesAct. - Dated this 19th day of July, 2016 at the City of Vancouver, British Columbia. ON BEHALF OF THE CONSENT ORDER REVIEW COMMITTEE is w- "n f? I defeat, Chair . . Consent Order Reviet Committee Attch. IN THE MATTER OF THE REAL ESTATE SERVICES AC - 8.33.0. 2004, c. 42 . IN THE MATTER OF XIAO MING (ALBAN) WANG (158367) AND ALBAN WANG PERSONAL REAL ESTATE CORPORATION (158367? C) AGREED STATEMENT OF FACTS, . PROPOSED ACCEPTANCE OF FINDINGS AND WAIVER The following agreement has been reached between Xiac Ming (Albee) Wang, Albee Wang Personal Real Estate Corporation and the Real Estate Council of British (the ?Council?). A. Mr. Wang and Alhan Personal Real Estate Corporation hereby consent to an Order to be made pursuant to sections 41 and 43 ofthe Real Estate Services Act that they each be suspended for one year. Mr. Wang and Alhau Wang Personal Real Estate Corporation thither consent that they be jointly and severally liable to pay a discipline penalty to the Council in the amount of $10,000 Within ninety (90) days ofthe Order. . Mr. Wang further consents that he, at his own expense, wiil register for and successfully complete the Real Estate Trading Services Remedial Education Course as provided by the Real Estate Division, Sauder School of Business at the University of British Columbia, within the time period as directed by the Council. Mr, Wang and Alhan Wang Forsohal Real Estate Corporation further cons eat that they be jointly and severally liable to patr enforcement expenses of this Consent Order to the in the amount of $1,500 Within sixty (60) days from the date of this Order herein. Further, Mr. Wang and Aibaa Wang Personal Real Estate Corporation consent to an Order that if they fail to comply with any of the terms of the Order made out against them and set out above in paragraphs A through D, as applicable, a Discipline Hearing Committee may suspend or cancel their licences, without further notice to them pursuant to section 43(3) and 43(4) ofthe RBSA, . As a basis for this Order, Mr. Wang and. Albee Wang Personal Real Estate Corporation acknowledge and agree that the facts set forth herein are correct: . AGREED STATEMENT OF FACTS. PROPOSED ACCEPTANCE OF FINDING-S AND WAIVER Page 2 1. Mr. Wang was at all relevant times licensed as a representative with Amex Sum?ioh Realty (the 2. Mr. Wangfs licensing history is as follows: Licence Level Brokerage Licence Category StartDate End Date Sttm?ich Realty Ltd. Dba Amos Representative Suntieh Realty (X025048) Trading 23/02/2010 To Present 3. Albee Wang Personal Real Estate Corporation?s licensing history is as follows: Licence Category StartDate End Date . Brokerage Licence Level Albee Wang Personal Real Personal Trading? To Present Estate Commotion Real Estate Corporation BACKGROUND 4. was incorporated on October 9, 2012. A Notice of Change of Directors was ?led on December 10, 2012 naming EN and 31" as the new directors; The office address was - Road, Richmond, BC. 5. wasineorporated on November 28, 2012, The registered of?ce address was I I Road, Richmond BC. The directors were FN and JT. I 6. dissolved, 011 Match 31, 2014. 7. A real estate advertising website called .eom,- which is predominantly in Chinese, allows the public to search MLS listings, open houses, showing appointment information and buyers and sellers agents. The website, M, advertised its address as Road, Richmond BC. 8, FN and IT are not presently licensed and were not licensed in BC to provide real estate services at the relevant times FACTS 9? In or about September 2012 Mr. Wang stated he was approached by a former client who told him that he had a friend called FN who was in search of a realtor and that he had provided FN with Mr. Wang?s contact information. AGREED STATEMENT OF FACTS. PROPOSED ACCEPTANCE OF EINDINGS AND WAIVER Page 3 10. ll. 12. 13. 14. 15. 16. 17. Mr. Wang stated that a few days later, FN contacted him to say she was interested in investing in real estate in Greater Vancouver, She invited him to a meeting at her house on CornstOolc Road in Richmond. Mr. Wang stated that at the meeting, FN told him that she was going to launch a real estate~related Chinese website called -, headquartered in China. The Website was almost operational and had attracted many potential buyers in China. Mr. Wang stated he was given a demonstration of the - website that Was completely in ?Simpli?ed Chinese" and displayed comprehensite housing data, including regional information such as school district, housing area, structure, price and number of days on the market, as well a iristerical records of transaotlous. Mr. Wang stated that FN told him that her'comp any helped clients look for houses through the website. Mr. Wang stated FN told him that she would introduce him to customers, almost all of whom had determined which properties they wanted to purchase. Mr. Wang would he required to arrange showings, draft the contracts for purchase and sale and present o??ers. Mr. Wang stated a?er completion of property sales, he Was required to remit 90% of the commission to - Mr. Wang stated that he agreed to the arrangement because it was easy. Mr. Wang also stated that his name never appeared on any advertising for Vauiuneom and he was never issued with any busiuess cards - Mr, Wang ?uiher stated that heiWeen November 2012 and July 2013 he completed the following 17 property transactions for clients who were referred to him by FN or? stait: W. Broadway, Vancouver (ii) hill Road, Richmond Spires Court, Richmond (iv) Road, Richmond Street, Surrey (vi) Avenue-3., Vancourer (vii) W, Broadway, Vancouver Glen Drive, Coquitlam (ix) W. Georgia, Vancouver Timbercrest Dr?we, Port Moody (xi) Eden Place, West VancouVer '(xii) Wildwood Lane, West Vancouver Nanaimo Street, Vancouver (xiv) High Street, White Rock ROSamond Avenue, Richmond (XV) AGREED STATEMENT OF FACTS1 PROPOSED ACCEPTANCE OF FINDINGS AND WAIVER Page 4 18. 19. 20. 21. (xvi) Mead?eld Court, West Vancouver (xvii) - Richards Drive, Richmond Mr. Wang stated that he remitted 90% of the commission, from the sale of each of the 17 properties identi?ed in paragraph number 17, to - Between January 28, 2013 and October 21, 2013, Mr. Wang paid a total amount of $208,381 directly from his Personal Real Estate Corporation account. Mr. Wang stated that he did hot allow unlicensed staff to provide real estate services on his behalf. Mr. Wang does admit that he occasionally allowed staff to accompany clients to viewings but maintains that he made it clear that the listing agent was to conduct the showing. Wang stated that he did not disclose to his clients ?om that he had agreed to pay a referral fee to - with respect to the real estate transactions. Mr. Wang stated that he did not think he was obliged to do so. Mr. Wang further stated that he did not disclose to his managing broker of his relationship and arrangement with Mr. Wang stated that he did not think he was obliged to do so. KWANTLEN STREET 22. 23. 24. 25. I 26. Mr. Wang stated that in or about August 2013, he was contacted by a staff member at - to arrange a showing for a client at Kwantlen Street in Richmond. Mr. Wang was not able to accompany the client because he was ill and had a prior appointment. Instead, Mr. Wang stated that he instructed the - staff member to take the client to the appointment so the listing agent could conduct the shOwing. . After the showing the staff member told Mr. Wang the client wanted to make an offer. Mr. Wang prepared an offer and faxed it to the staff member at - for the buyer?s signature. The contract was signed and faxed back to Mr. Wang who submitted the offer to the seller which was accepted. Mr. Wang stated that he did not meet or speak with the buyer. The transaction did not complete due to a dispute between the buyer and the staff at - In or around August 2013, Mr. Wang terminated his dealings and arrangement With - when he learned that - staff had impersonated him with respect to a real estate transaction. DISCIPLINE HISTORY 27. Mr. Wang and Alban Wang Personal Real Estate Corporation have a previous discipline history with the Council. On June 7, 2012 they agreed to a consent AGREED STATEMENT OF FACTS. PROPOSED ACCEPTANCE OF I FINDINGS AND WAIVER Page 5 order proposal and were suspended for fourteen days and required to take real estate trading remedial education course and pay enforcement expenses in the account of $1,000l They contravened section 27(1)(a) of the RBSA in failing to pay deposits in twelve transactions to the brokerage in accordance with the contract of purchase and sale and contrary to section 3~2( of. the Council Rules they failed to provide the managing broker with the oliginal or a copy of the records for the said transactions. G. Proposed Acceptance of Findings and Waiver 1! Based on the Agreed Statement of Facts as outlined herein, and without making any admissions of liability, Mr. Wang and Alison Wang Personal Real Estate Corporation at?e'prepared to accept the following ?ndings if made against them by the Cotnicil?s Consent Order Review Conunittee: Mr. Wang and Alban Wang Personal Real Estate Corporation committed professional misconduct within the meaning of section 35(1)(a) of the RESA, in that Mr. Wang: aid remuneration in the form of referral fees to unlicensed brokerage, . (the ?Unlicensed Brokerage?) who was engaged in the business of soliciting clients for the purpose of offering real estate services. In particular, 17 clients were referred to him by the Unlicensed Brokerage in order to complete real estate services, including but not limited to, drafting contracts and closing transactions, contrary to section 6-1 of the Council Rules; failed to disclose to the 17 referred clients from the Unlicensed Brokerages that he agreed to pay a referral fee to the Unlicensed Brokerage with respect to the real estate services that he was providing on their transactions, cannery to section of the council Rules; - (0) failed to act honestly and with reasonable care and skill when he prepared an otter for a property on Kwantlen Street in Riclunond, BC, on behalf of a purchaser who he never met, that was then signed by the buyer and which he then presented to the seller, contrary to sectio ot?the Council Rules; I provided real estate services other than on behalf of the brokerage in relation to which he was licensed when he provided real estate services on behalf of the Unlicensed Brokerage, contrary to section of the AGREED STATEMENT OF FACTS, PROPOSED ACCEPTANCE 01? FINDINGS AND WAIVER - . . failed to keep his managing broker informed about his relationship and arrangements with the Unlicensed Brcketage, contrary to section of the Council Roles; and Page 6 engaged in conduct tmbeooming a licensee when he encom'aged unlicensed activity by providing real estate services to the Unlicensed Brokerage and paid remuneration to them in the form of referral fees, contrary to section 35(2) of the RESA. -. 2. Mr. Wang and Alhan Wang Personal Real Estate Corporation waive their right to appeal pursuant to section 54 of the RESA. 3. Mr, Wang and Alban Wang Personal Real Estate Coiporation acknowledge that they have a right to seek independent legal advice before signing this Agreed Statement of Poets, Proposed Acceptance of Findings and Walter. 4. Mr. Wang and Alhan Wang Personal Real Estate Corporation aelmowledge and are aware that the Council will publish the Consent Order and penalty herein in its Report from Council newsletter, 011 the Council?s website, and on website for legal research. 5 . Mr. Wang and Albee Wang Personal Real Estate Corporation acknowledge and are aware that the Superintendent oi?Reai Estate has the right, pursuant to section 54 of the RESA, to appeal any decision'of the Council, including this Agreed Statement of Facts, Proposed Acceptance of Findings, and Waiver and Consent Order.? 6. The Agreed Statement of Facts and Proposed Acceptance of Findings contained herein are made for the sole purpose of resolving a complaint being considered by the Council and for that purpose only. Such agreed statement of facts and proposed acceptance of ?ndings cannot be used in any other proceeding of any kind, - Sabinder Shaina, Legal Counsel Real Estate Council of British Columbia As to Part only (Agreed Statement of Facts) Dated day of Soap ,2016 Xiao Miig (Alban) Wang on his behalf and on behalf of Alban Wang Personal Real Estate Corporation As to Parts (proposed penalty, Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver) Dated 28 dayof June ,2016