The Real Estate Council of B.C. has ordered the termination of an agent’s licence due to misconduct.
Tian Yi (Richard) Li was found to have misrepresented himself as another realtor in a 2016 transaction.
Li, who was then working with Metro Edge Realty, held himself out as "J.J.", an agent with Sutton Group Seafair Realty. (The RECBC's consent order provided only the initials for the person and not the full name.)
At the time of the 2016 deal, J.J. was in China.
Li admitted to an RECBC discipline committee that he acted in violation of real estate rules and the Real Estate Services Act (RESA).
These require agents to act with honesty and not to engage in deceptive dealing.
The RECBC's consent order declared that Li acted "contrary to section 3-4 of the Rules [duty to act honestly with reasonable care and skill] and/or to section 35(1)(c) of the RESA [deceptive dealing]".
Li prepared a consent order detailing what happened, and this was accepted by the discipline committee.
To recall, Li and J.J. were part of a team led by "R.K." under Metro Edge Realty. (The RECBC's consent order provided only the initials of the person and not the full name.)
In 2016, the brokerage advised agents that they will not receive pending commissions if they leave the company without providing a three-month notice.
J.J. left for another brokerage, the Sutton Group Seafair Realty. He provided his former teammates his new business card and real estate documents bearing his name.
J.J. would later explain that he did so to show that he was now working under his own name.
Moving on, R.K. told Li about a client, who was interested in selling her property and buying a condo.
Li and R.K. went to the buyer’s home, where R.K. introduced Li to the buyer.
Li said that R.K. instructed him to use J.J.’s name as the buyer’s agent, which R.K. denied.
On October 1, 2016, Li and the client attended the presentation centre for a condo unit in Delta that the buyer wants to purchase.
At the presentation centre, Li provided J.J.’s business card to the seller’s agent.
When the seller’s agent prepared a contract of purchase and sale that indicated that J.J. was the buyer’s agent, Li failed to disclose his true identity.
Instead, he witnessed the buyer’s signature on an addendum to the contract.
In addition, Li prepared a working-with-a-realtor document in which the buyer acknowledged a client relationship with J.J. rather than with Li.
The buyer had never met J.J.
Li also failed to disclose his true identity to the seller’s representatives, when he subsequently accompanied the buyer to the presentation centre on October 8, 2016.
On that day, Li provided the seller’s agent with the buyer’s deposit.
Li claimed that he tried a number of times to contact J.J. but was not successful.
Moreover, Li did not inform his brokerage and managing broker about the services that he was providing to the buyer.
Later on, the presentation centre sales team emailed J.J. about commissions that were owing to him.
On October 31, 2016, J.J. responded that he had been out of the country and did not know the client.
On the following day, the managing broker of the seller’s brokerage reported to the RECBC about this matter.
Li is currently with Magsen Realty Inc.
The RECBC discipline committee ordered Li’s license terminated two months after the date of its consent order, which was April 21, 2021.
Li was also ordered to pay enforcement expenses of $1,500.
In addition, Li will not be eligible to apply for a license to provide real estate services for three years.
The RECBC published the consent order on its website Wednesday (May 5).