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

Surrey basketballers fall short in Junior NBA Canadian title game

On the line was an all-expenses-paid trip to Florida in August

B.C. turns up the heat

Environment Canada issues a special weather statement for most the province due to high temperatures

‘Queen Extravaganza’ tribute concert brings hits to Surrey this fall

‘We Will Rock You’ and more in Roger Taylor/Brian May-created production

People First Surrey to hold rapid transit ‘discussion panel’

The party, which intends to challenge the reigning Surrey First, opposes LRT

South Surrey sting ends with dropped charges

Shop owner frustrated with outcome after videotaping regular customer

REPLAY: B.C. this week in video

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

5 to start your day

B.C. is feeling the heat, NHL prospect expected to make a full recovery and more

Sweden beats South Korea 1-0

Sweden gets benefit of video review in World Cup

Blue Jay Roberto Osuna not expected to appear in court

The Blue Jays pitcher is charged with one count of assault by Toronto police

Global warming cooks up ‘a different world’ over 3 decades

Over 30 years the world’s annual temperature has warmed nearly 1 degree according to the National Oceanic and Atmospheric Administration

Family separation policy starts dividing Republicans

Deep concerns arise over the child separation policy in the U.S.

Strong earthquake in Japan kills 3

The magnitude 6.1 earthquake that struck the area early Monday near Osaka

B.C. NHL prospect expected to make ‘full recovery’ after an incident in Calgary

Jordy Bellerive was injured in a reported house fire Saturday night

Police: Taxi driver who hit 8 Moscow pedestrians fell asleep

Two Mexican World Cup fans were among those hit

Most Read