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

Pedestrian struck on Dillworth Drive

Traffic is backed up on Highway 97 as well as Dillworth Drive

West Kelowna acquires land for Rose Valley Water Treatment Plant

The city has acquired 24 acres on Bartley Road

Kelowna council gives green light to cannabis shop rezonings

Seven rezoning applications for cannabis retail stores on council’s agenda Monday

Street signs, light knocked over in crash along Highway 97

Multiple signs and a light were knocked over at the Old Vernon Road interesection

Trailer stolen from Black Mountain, Lake Country business takes a hit

Little Lakes Contracting is asking for the public’s assistance to locate a trailer

VIDEO: The ‘most cosmopolitan’ of butterflies could migrate to B.C.

The painted lady butterfly will likely arrive this summer from Southern California

SPCA seizes 54 animals from Vernon property

Animals weren’t receiving adequate care

Is it a homicide? B.C. woman dies in hospital, seven months after being shot

Stepfather think Chilliwack case should now be a homicide, but IHIT has not confirmed anything

Indecent caller handed 18-month conditional sentence

Vancouver Island man pleaded guilty to making indecent phone and video calls to women across B.C.

Sources say Trudeau rejected Wilson-Raybould’s conservative pick for high court

Wilson-Raybould said Monday “there was no conflict between the PM and myself”

First Nations public art piece stolen in Nanaimo

Spindle Whorl went missing over the weekend, according to Nanaimo RCMP

RV lifestyle comes to the Okanagan

BC Interior RV Show returns to Penticton for the eighth year

Father-son duo at B.C. Children’s Hospital helps new dads fight depression

The pair teamed up to introduce the only known research-based mindfulness workshop for new dads

Mexican restaurant in B.C. told to take down Mexican flag

General manager of Primo’s Mexican Grill in White Rock: ‘I’ve never heard of anything like this’

Most Read