Case: Process: Industry Member: Authorization: Registration: Document:
THE REAL ESTATE COUNCIL OF ALBERTA
010651 Section 39 of the Real Estate Act Austin Dang Nguyen Real Estate Broker Linc Realty Advisors Inc. O/A AG Property Services LETTER OF REPRIMAND
TO: Austin Dang Nguyen The Executive Director of the Real Estate Council of Alberta (RECA) has determined there is sufficient evidence you have contravened section 46(3) of the Real Estate Act Rules and this is conduct deserving of sanction.
Rule 46(3) – In the case of an unlicensed or unregistered assistant, the industry member must ensure clients, customers and the public have full knowledge that the assistant is unlicensed or unregistered.
Particulars of the contravention(s): 1. In or around September 2020, you advertised unlicensed individuals, contrary to section 46(3) of the Real Estate Act Rules:
a) Your website www.agpropertyservices.ca noted [A.F] and [G.C] as property managers. These individuals were not authorized to trade in real estate, which you failed to make clear in your advertisements.
The Executive Director considered the following aggravating and mitigating factors: Aggravating Factors • There is a need for general deterrence. Consumers must be confident that individuals who are advertising real estate services are both authorized to do so, and are registered with a brokerage.
Mitigating Factors • You removed the names of the unlicensed individuals from your websites.
The Executive Director will issue a more severe sanction for further similar instances of this conduct.
Appeal You have the right to appeal this Letter of Reprimand to a Hearing Panel under section 40.1(2) of the Real Estate Act. Please refer to Guides on RECA’s website for more information on the appeal process.
In an appeal you will be given a full opportunity consistent with procedural fairness and natural justice to present evidence before the Hearing Panel in relation to the contraventions alleged.
Your written notice of appeal must be received by the Executive Director within 30 days of you receiving this Letter of Reprimand. If you have any questions regarding particulars or the appeal process, please contact:
Name: Email: Phone: Fax: Address:
[C.S], Professional Conduct Review Officer [EMAIL] 403.228.2954; Toll Free: 1.888.425.2754 403.228.3065 Real Estate Council of Alberta Suite 202, 1506 11 Avenue SW Calgary, Alberta, T3C 0M9
Issued at Calgary, Alberta, on November 19, 2020.
[M.C.S] Charles Stevenson, Acting Executive Director of the Real Estate Council of Alberta