A man was gunned down in front of this $6-million Shaughnessy home in 2007. (Google Maps)

B.C. woman should have been told about murder at home before sale, judge rules

Vancouver seller must return $300,000 deposit, plus interest, damages and court costs

A Vancouver woman did not breach her contract after backing out of a deal to buy a house where someone had been murdered, a B.C. judge has ruled.

Justice Paul Pearlman said in a recent decision that the homeowner, Mei Zhen Wang, should have disclosed that the 9,018-square-foot mansion at 3883 Cartier St. in Shaughnessy had been a site of a murder when she sold it to Feng Yun Shao for $6,138,000 in 2009.

Shao had wanted to buy a “prestigious, safe and quiet” home, Pearlman wrote, but Wang fraudulently misrepresented it by not telling her that her son-in-law, Raymond Huang, was gunned down near the front gate in 2007.

She alleged the unsolved murder of Huang, who, according to the decision, was a member of a Chinese gang dubbed the Big Circle Boys, “rendered the property dangerous, or potentially dangerous, and constituted a latent defect.”

She told the judge she feared for her and her family’s safety once she learned of the murder.

Wang’s daughter and Huang’s wife, Gui Ying Yuan, testified that she, her two children and her older sister lived in the house between 2003 and 2008 and felt safe, and that they were moving because her daughter had gotten into a school in West Vancouver.

Wang herself, though, wasn’t consistent on why she wanted to sell, saying at one time she wanted to buy a smaller home, and another time that she feared for her family’s safety. The judge concluded the murder was one of the reasons for the sale.

Realtors Matthew Yee and Julia Lau worked for Yuan, who’d been selling the home on behalf of her mother, and said they did not legally have to disclose the death unless a buyer asked about it directly because it had occurred just off the property, which is according to law.

The judge acknowledged Shao did not do her own research, nor did she ask her real estate agent to do so. But she did ask why the family was selling, and was entitled to an accurate answer, “rather than one calculated to conceal Mr. Huang’s death as a reason for the plaintiff’s decision to sell the property.”

Wang was ordered to return Shao’s $300,000 deposit, plus interest, and several thousand dollars in damages and court costs.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Mounties raid “extensive” Vancouver Island pot grow operation

Execution of 3 search warrants has yielded 3 arrests and the seizure of 2,000 marijuana plants

Pacheedaht First Nation celebrates return of Jordan River lands

Twenty-eight hectares of land bought from B.C. Hydro

Referendum on Duncan, North Cowichan amalgamation tomorrow

Citizens in Duncan and North Cowichan take to the polls

EDITORIAL: Let’s be great ambassadors of summer

Island people the best sales pitch we can make to visitors

Police call off search for missing kayaker in East Sooke

The investigation is now considered a missing person case

B.C. BMX kid wows GoPro with homemade video

Eight-year-old Rex Johnson wins award for inventive video

‘Creep off’ reporting system aims to track street harassment in Metro Vancouver

Text-based hotline launches to collect public reports on where and when harassment occurs

10 feet from home: B.C. grassfire offers stark reminder how quickly blazes burn

Kamloops woman among first people in B.C. to be told to evacuate home this wildfire season

Happy ending for orphaned bear cubs

Two orphaned bear cubs were captured in Castlegar and sent for rehabilitation.

Platform chosen for online B.C. cannabis sales

Ottawa-based company to create websites for when marijuana becomes legal in Canada on Oct. 17

UPDATE: Police say story of pretend cops ‘arresting’ woman in CRA scam fake

Vancouver police urge people not take calls from anyone saying they’re from the Canada Revenue Agency

Almost 2,400 young athletes set to compete at BC Summer Games

Full list of participants was released Friday for the Cowichan Valley event

Family raises money for B.C. man burned in campfire mishap

Harold Duncan-Williams suffered first, second and third degree burns when his shirt caught on fire

Quadra Island not ready for more tourists?

Area Director raises concerns with marine trail network

Most Read