THE REAL ESTATE COUNCIL OF ALBERTA
Case Number: Name on License: License Type & Class: Brokerage Name on License:
Process:
015711 Andrew Vu Real Estate Associate Real Broker AB Ltd. o/a Real Broker; currently licensed with 4 th Street Holdings Ltd. o/a Re/Max Real Estate (Central) Section 39 & 83 of the Real Estate Act
Document: ADMINISTRATIVE PENALTY Penalty: $1,500 Payment This Penalty must be paid within 30 days of the date this Notice was issued. If you fail to pay the Penalty the Registrar may commence collection under Part 6 of the Real Estate Act and may suspend your license under section 38.1 of the Rules.
If you pay the Penalty • You will have satisfied the Administrative Penalty and no further proceedings under Part 6 will be taken against you. • You cannot be charged under the Real Estate Act with an offence for the contravention(s) in this Administrative Penalty.
TO: Andrew Vu The Registrar of the Real Estate Council of Alberta (RECA) has determined there is sufficient evidence you have contravened section 53(g) of the Real Estate Act Rules, and this is conduct deserving of sanction.
Rule 53 – A real estate associate broker and associate must: (g) - respond promptly to any inquiry that is addressed to him by the broker.
Particulars of the contravention(s): 1. In or around April 2024 you failed to respond promptly to your broker’s inquires contrary to section 53(g) of the Real Estate Act Rules:
a) Real Broker was representing a Buyer. You facilitated the Buyer signing a representation agreement (Agreement). This Agreement was signed electronically by the Buyer using DocuSign.
b) At closing, the Buyer alleged they had not signed the Agreement and contacted your brokerage.
c) [R.V] was a broker delegate for Real Broker. On April 1, 2024, [R.V] contacted you requesting the DocuSign records supporting the Agreement was signed. You did not provide the DocuSign records.
d) The brokerage made subsequent follows up to get the DocuSign records. You did not provide the DocuSign records.
e) You had the DocuSign records that supported the Buyer’s signature was legitimate. You refused to provide those records to your brokerage because you were unhappy with how the brokerage was handling commissions for the deal.
The Registrar considered the following aggravating and mitigating factors: Aggravating Factors • The brokerage was facing allegations that one of their licensees had produced an Agreement with a fake signature. You had information to refute that allegation and refused to provide that information. This further fueled the allegation that the Agreement was fraudulent.
• The brokerage released their claim to commissions on the transaction because they could not provide the DocuSign records. This was a direct result of your misconduct and your refusal to respond promptly to the brokerage and provide the requested information.
Appeal You have the right to appeal this Administrative Penalty to a Hearing Panel. See section 83.1 of the Real Estate Act for what you must do to appeal.
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 comply with section 83.1 and must be received by the Registrar within 30 days of you receiving this Administrative Penalty.
If you appeal, payment of the Penalty will not be required until an order to pay a penalty is issued by the Hearing Panel. If you have any questions regarding particulars or the appeal process, please contact:
Name: Email: Phone: Fax: Address:
[J.C], Investigator [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 April 14, 2025.
“Signature” Warren Martinson, Registrar Real Estate Council of Alberta
cc.
[T.L], Real Estate Broker Real Broker
[D.L], Real Estate Broker Re/Max Real Estate (Central)