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Sale of B.C. home without owner’s consent leads to $300K in penalties for real estate professionals

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A fraudulent scheme that saw an unoccupied home in Richmond, B.C., sold without the owner’s consent has led to more than $300,000 in discipline penalties and costs for the real estate agents and brokers involved.

According to a notice from the B.C. Financial Services Authority (BCFSA), the Pacific Evergreen Realty agents and managing brokers involved in the 2019 sale were not complicit in the scam, but “they failed to take reasonable measures at multiple points in the transaction.”

The BCFSA says at least two men were involved in the fraud. One posed as the owner of the house and used a fake driver’s licence to get a notarized power of attorney, while the second posed as the attorney to conduct the sale.

The case has also led to both a civil lawsuit and criminal charges, and court documents suggest the Chinese businesswoman who owned the property is still fighting to get it back, four years later.

Consent orders posted by the BCFSA this week show that Pacific Evergreen agents Tracy Xiaomei Li, who represented the phoney seller, and David Chian Wei Yang, who represented the buyer, have both admitted to misconduct for their roles in the sale.

Li has been ordered to pay a $100,000 penalty and $7,000 in enforcement expenses, while Yang will pay a $50,000 penalty and $5,000 in expenses. They will both also be placed under enhanced supervision.

Their supervisors, managing brokers Lok Chi Annie Fong and Lo-Ming Lee, must each pay $55,000 in penalties and costs for misconduct, while the brokerage has been ordered to pay $30,000 in penalties and expenses.

“The penalties reflect the severity of the licensees’ failure to meet their core responsibilities, including know-your-client obligations and duties to act honestly and with reasonable care and skill,” Jonathan Vandall, the BCFSA’s vice-president of compliance and enforcement, said in a written statement.

“Licensees must uphold their professional obligations, even if they are under pressure from their clients. Those who neglect their professional responsibilities will face discipline, especially where there is consumer harm.”

According to the BCFSA, Li did not carefully verify the seller’s ID or the power of attorney. She also obscured the timeline of the transaction by backdating disclosure documents and a fee agreement, the regulator says.

Meanwhile, Yang didn’t take the proper steps to investigate the suspicious circumstances of the deal or inform the buyer about all the red flags, according to the BCFSA.

CBC has reached out to Pacific Evergreen for comment.

‘An unlawful plan to harm non-resident owners’

An amended notice of civil claim filed this summer by the home’s original owner Yuan You fills in many of the details about what allegedly happened to her property on Colbeck Road.

Li, Yang and Pacific Evergreen are all named as defendants, although the claim states that they have settled the matter out of court on undisclosed terms since You first filed the lawsuit in 2020.

You’s claim alleges fraud, conspiracy, unjust enrichment and negligence by several people and businesses she says were involved in the sale. She’s asking for a B.C. Supreme Court judge to declare that she is the registered owner of the home, and to strike the title granted to the current owner.

In the claim, You describes herself as a businesswoman who currently lives in China. Property records show she bought the five-bedroom, six-bathroom home for $783,177 in 2004.

The claim alleges that a group of men named as defendants in the lawsuit “devised an unlawful plan to harm non-resident owners of property within British Columbia by fraudulently divesting them of their property.”

A for sale sign is in focus staked into a lawn with what appears to be a single-family home blurred in the background.
The B.C. Financial Services Authority says the real estate agents and brokers involved in a 2019 home sale in Richmond ‘failed to take reasonable measures’ to prevent fraud. (Jonathan Hayward/The Canadian Press)

It goes on to say that the co-conspirators targeted homes that were either empty or only periodically occupied, and had no charges against title that could complicate a sale. You claims the men would break into houses they had targeted to make sure no one was living in them.

You has alleged that Richard Irvin Yeltatzie impersonated her and had a notary sign a power of attorney for Kieran Paul Yeltatzie, who then hired a real estate agent to sell the property. The sale was completed on Nov. 29, 2019, for $1.7 million.

At the time of the sale, You says the home was rented out, but the tenant was also in China.

Both Yeltatzies were criminally charged last year in connection with the sale; however, all charges against Kieran Yeltatize were stayed this week, court records show. A spokesperson for the B.C. Prosecution Service said that decision was made after Crown received further information and concluded the charge approval standard had no longer been met.

A warrant was issued for Richard Yeltatzie’s arrest in April after he failed to appear in court on charges including fraud, impersonation and using forged documents. He has yet to be arrested on that warrant.

Neither Yeltatzie filed a response to You’s civil claim, and default judgment has been granted against both of them, with damages to be assessed at a future date.

The home was sold again in February 2020 for $2.15 million, property records show. You’s amended claim suggests the current owner should have been suspicious when she was able to buy the property for less than its market value.

The 2023 assessment puts the value of the property at $2.75 million.

You’s claims have not been tested in court.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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