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

Former Times editor outlines his election platform

Keith McNeill officially in the running

Declaration of candidates is in

List of those running for mayor and council firmed up

Municipal spending outpaces population growth 4-fold in B.C.: report

Canadian Federation of Independent Business has released its annual operational spending report

Public remided to use caution in areas burned by wildfires

Post-wildfire areas have own set of hazards

VIDEO: Messages of hope, encouragement line bars of B.C. bridge

WARNING: This story contains references to suicide and may not be appropriate for all audiences.

The longest week: Carolinas worn out by Florence

Frustration and sheer exhaustion are building as thousands of people wait to go home seven days after the storm began battering the coast.

Vancouver councillors move ahead with policy for duplexes on detached home lots

Mayor Gregor Robertson says the decision is another step toward adding homes in the city for the so-called “missing middle.”

Canada’s goal is to play in a medal game at World Cup in Spain

The 2014 women’s world basketball championships were a coming out party for Canada.

World Anti-Doping Agency reinstates Russia

There was no mention of Russia publicly accepting a state-sponsored conspiracy to help its athletes win Olympic medals by doping.

Nanaimo’s Tilray pot stock continues rising, firm now worth more than $21 billion US

The B.C. company’s shares have risen more than 1,000 % since its initial public offering in July

Fresh-faced Flames fend off Canucks 4-1

Vancouver drops second straight NHL exhibition contest

VIDEO: B.C. deer struggles with life-preserver caught in antlers

Campbell River resident captures entangled deer on camera

Most Read