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

One trapped, one thrown from truck in Enderby crash

UPDATE: Two occupants in truck rollover out Enderby-Mabel Lake Road Monday

UPDATE: Suspect sought in car theft

Stolen vehicle flees scene in Ashton Creek, found behind Polson Park in Vernon

Falkland artist favours, fights for fish

Lottie Kozak does all kinds of art; one of her favourite subjects, fish, is dwindling

Updated: Kelowna cops investigate armed robbery at city centre business

Robbery sparks late afternoon manhunt by armed police officers with guns drawn

Vernon cold case murder suspect bail hearing Tuesday

Paramjit Singh Bogarh will appear in Vernon Law Courts at 10 a.m. June 19

Homeless people living on ‘Surrey Strip’ move into modular housing

BC Housing says 160 homeless people are being moved into temporary Whalley suites from June 19 to 21

BC Ferries posts strong earnings before rate cuts

Last year highest ever for vehicle traffic, most walk-ons in 20 years

More than 150 tremors hit Vancouver Island in last 24 hours

Seismologists monitor to see if pressure will be added to major fault

UPDATE: Kelowna stabbing victim tight lipped about incident

Police say 35-year-old North Okanagan man stabbed in Mission area Sunday won’t talk to investigators

Snapchat used to make mass shooting threat in Kamloops

RCMP did not dub the threat a hoax, instead called it “unsubstantiated”

Amphitheatre planned for Kamloops area winery

Monte Creek Ranch Winery can finally proceed with amphitheatre plans

McNeal-Schneider combo works

Win the annual Spall Cup in a field of 22 teams

B.C. groups file response to government’s fight against solitary confinement

B.C. Supreme Court judge suspended ruling for one year to give government time to draft legislation

National sports organizations have to report allegations of abuse immediately

Sporting organizations will lose federal funding abuse goes unreported, says Kirsty Duncan

Most Read