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

Distracted Driver crashes into ditch along Byng Road

Port Hardy public works department confirms the incident was caused by distracted driving.

Salvation Army’s Kettle Campaign needs volunteers in Port Hardy

The Salvation Army’s Christmas Kettle Campaign is starting up on Nov. 29… Continue reading

Changes coming to BC Ferries reservations for Vancouver Island routes

Many customers are booking multiple reservations, inflating wait times

UPDATE: North Island highway crash resulting in serious injuries still under investigation

The two drivers were seriously injured and sent to a hospital in Victoria.

Port Hardy Mayor Dennis Dugas votes in favour of eliminating overtime pay for confidential secretary

“I think when staff makes a recommendation I have to support staff’s recommendation.”

Police aim to prevent retaliation after Hells Angel found dead under B.C. bridge

IHIT confirms Chad Wilson, 43, was the victim of a ‘targeted’ homicide

25% of Canadians still won’t say they use pot, survey says

Statistics Canada poll says Canadians on average were 18.9 years old when they first tried pot.

Canucks’ 50/50 jackpot expected to surpass $1 million

The guaranteed prize for one lucky winner will be $500,000 minimum when Vancouver hosts LA Nov 27

The latest advent calendar trend: Holiday cannabis

A Canadian company is giving people from coast to coast a new way to celebrate the Christmas countdown.

B.C. woman allegedly threatens to rip out intestines of American man

A Kamloops-area woman is accused of harassing and threatening to disembowel an American man

B.C. model looks a lot like expanded taxi industry, ride-hailing group says

Ridesharing Now for BC says it had hoped the bill would be more customer-driven like in other cities

Otter makes a snack out of koi fish in Vancouver Chinese garden

Staff say the otter has eaten at least five fish

731,000 Canadians going into debt to buy prescription drugs: UBC

Millennials and those without private coverage were more likely to borrow money

Pot users, investors need to be vigilant at Canada-U.S. border

U.S. authorities say anyone who admits to having used pot before it became legal could be barred

Most Read