Consent Order

Consent Order: August 17, 2015

Order for Conditions: December 17, 2015

Licence Cancellation Order: December 17, 2015

Financial Services Tribunal Appeal Decision: July 27, 2017

On August 17, 2015, the Real Estate Council of British Columbia (the "Council") accepted a Consent Order Proposal submitted by Yu-Hsiang (Lester) Lin, and ordered that Mr. Lin be suspended for one year and pay a discipline penalty of $10,000. On December 17, 2015, as a result of activities by Mr. Lin that breached the terms of his Suspension Order, a discipline committee of the Council issued an order cancelling Mr. Lin's licence.

Mr. Lin filed an appeal of the cancellation of his licence with the Financial Services Tribunal (FST). In its decision of July 27, 2017, the FST directed the Council to remit the matter to a discipline committee for reconsideration of the penalty.

A discipline committee of the Council has accepted the Consent Order Proposal submitted by Mr. Lin, and found that Mr. Lin committed professional misconduct when he breached his Suspension Order by engaging in activities at an open house which amounted to the provision of real estate services within the meaning of the Real Estate Services Act.

Results

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

1. a licence cancellation;
2. prohibition from applying for a licence for 4.5 years from the date of his Cancellation Order, that being December 17, 2015 (i.e., no application for a licence until June 18, 2020);
3. prohibition from acting as an unlicensed assistant, until such a time that a relicensing application has been approved by the Council;
4. meet the terms of the Suspension Order prior to relicensing; and
5. enforcement expenses of $1,500.