Consent Order

1. Ms. Yu, while licensed with New Coast Realty, committed professional misconduct when she:
   1. advertised and operated under the name 'Team Morning Yu', when that team name had not been approved by the Real Estate Council of BC; and
   2. in relation to the sale of a property in Richmond she:
      1. failed to take adequate steps to ensure that a potential buyer understood the nature of the representation that she was providing in relation to the purchase and sale of the property, in particular that the potential buyer understood that the buyer's agent was the designated agent for the potential buyer, and that Ms. Yu was acting solely as the designated agent for the seller;
      2. engaged in discussion with the buyer's agent both before and after receiving email communications between the buyer's agent and the potential buyer, which Ms. Yu ought to have known were confidential, and made suggestions to the buyer's agent, which Ms. Yu ought to have realized may be taken by the buyer's agent as instructions, regarding how the buyer's agent should deal with the buyer in relation to his refusal to complete the purchase of the property on the basis of the inspection or fengshui report; and
      3. contacted the potential buyer directly to discuss his refusal to complete the purchase of the property of the basis of the inspection or fenshui report when, on the basis of the nature of her representation described in the second offer, Ms. Yu did not represent the potential buyer and only represented the seller in the transaction.
2. Ms. Yu, while licensed with Metro Edge Realty, committed professional misconduct when she advertised and operated under the name "Team Morning Yu" when the team name had not been approved by the Real Estate Council of BC.

Contraventions Real Estate Services Act

• 35(1)(a) [Misconduct by licensee]

Rules

• 3-3(a) [Duties to clients]
• 3-3(i) [Duties to clients]
• 3-3(j) [Duties to clients]
• 3-4 [Duty to act with reasonable care and skill]
• 4-6 [Restrictions and requirements related to advertising generally]
• 5-10 [Disclosure of representation]

Results

A discipline committee of the Council has ordered the following:

1. Ms. Yu is reprimanded and must pay a discipline penalty of $7,500 to the Council.
2. Ms. Yu must pay enforcement expenses of $1,500 to the Council.

As Ms. Yu has a personal real estate corporation, the licence of Morning Yu Personal Real Estate Corporation is also reprimanded and equally responsible for paying the discipline penalty and enforcement expenses.