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

ASC agree to use Altus Canadian Construction cost guide as a financial baseline

The Altus Guide is the Canadian real estate industry’s leading guide to development project costing.

Fire hall is complicated

I have attended the majority of ad hoc committee meetings which will send recommendations to council for a new fire hall.

Advisory select committee appointee resigns in protest

Don Cherkas has resigned as one of the public appointees.

Parks and Recreation Master Plan underway for Creston and Areas A, B, and C

The Master Plan will guide the RDCK in making decisions about parks and recreation provision and resource priorities.

Call out for graphic design work

The CVCC is seeking original poster and logo designs for its Gran Fondo event planned for September.

B.C. BMX kid wows GoPro with homemade video

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

Blue Jays closer Roberto Osuna suspended for 75 games

23-year-old pitcher faces assault charge

Vancouver Canucks tab Quinn Hughes with No. 7 overall pick in NHL draft

University of Michigan standout was second defenceman picked in first round

Gun, drugs and cash seized in arrest of alleged B.C. fentanyl dealer

Vancouver Island man Brent Connors is facing nine charges in relation to investigation

Jogger spent two weeks in U.S. detention centre after accidentally crossing B.C. border

Cedella Roman, 19, crossed the border while out for a run

PHOTOS: Police rescue baby seal found on rocky B.C. shoreline

Marina Mammal Rescue Centre recommends residents observe from a distance

B.C. woman with severely disabled son keeps getting parking tickets

‘There has to be something they could do’

‘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

Band has guitars stolen while touring through Nelson

Michael Rault’s band had three guitars taken after playing a show Thursday

Most Read