Real Estate Council of Ontario...The Real Estate Council of Ontario (RECO) administers and enforces...

Real Estate Council Of Ontario Regulatory Digest

Issue 8: July-December 2015

The Real Estate Council of Ontario (RECO) administers and enforces the Real Estate and Business Brokers Act, 2002 (REBBA 2002) and its regulations on behalf of the Ontario government. REBBA 2002 requires registered real estate professionals to conduct themselves and their businesses in a manner that protects consumers in real estate transactions. Failure to do so could lead to regulatory action. Further, with few exceptions, anyone who trades in real estate must be registered under REBBA 2002. Trading in real estate without the benefit of registration or an exemption could lead to prosecution under REBBA 2002. RECO’s enforcement of REBBA 2002 helps to ensure public trust and confidence in Ontario’s real estate profession. The Regulatory Digest is an online resource that summarizes RECO’s regulatory actions involving:

the Registrar issuing a Notice of Proposal to revoke, suspend, refuse to renew, or apply conditions to a registration;

offences related to REBBA 2002 and its regulations resulting in prosecution in the Provincial Offences Courts;

breaches of the Code of Ethics that are referred to a hearing in front of the Discipline Committee or Appeals Committee; and

dispute resolution with an outcome agreeable to all parties.

Decisions are not published until the appeal period has expired or the appeal has been heard or abandoned. For the latest decisions, visit RECO’s website (www.reco.on.ca).

RECO’s mission is excellence in the delivery of regulatory services that protect the public interest and enhance consumer confidence in the real estate profession.

RECO’s vision is public trust and confidence in Ontario’s real estate profession.

Contact us at: 3300 Bloor Street West West Tower, Suite 1200 Toronto, ON M8X 2X2 Tel: 416-207-4800 Toll Free: 1-800-245-6910 Fax: 416-207-4820 www.reco.on.ca [email protected] Twitter: @RECOhelps YouTube: RECOhelps

RECO’s legal library

of 23 RECO Regulatory Digest – Issue 8: July-December 2015

Licence Appeal Tribunal A registrant may appeal a Registrar’s proposal to the Licence Appeal Tribunal (LAT). LAT handles appeals under several statutes that deal with both licences and registrations. A registrant seeking an appeal must provide written notice within 15 days of the proposal. NAME LOCATION DATE KEYWORDS TYPE RESULT

David Mario Farmani, also known as Marco Farmani

Richmond Hill, ON

August 18, 2015

Financially irresponsible, failure to act with integrity and honesty, false statement in a registration application

Revocation of registration

Revoked

Lake Country Real Estate Inc.

Orillia, ON November 24, 2015

Activities in contravention of REBBA 2002 (operating without a Broker of Record)

Revocation of registration

Revoked


http://www.reco.on.ca/publicdocs/FN%20FARMANI%20SIGNED%20150818_Redacted.pdf




http://www.reco.on.ca/publicdocs/Final%20Notice%20Redacted%20151124.pdf

http://www.reco.on.ca/publicdocs/Final%20Notice%20Redacted%20151124.pdf

Provincial Offences Act Offences under REBBA 2002, other than violations of the Code of Ethics, may be prosecuted in the Ontario Provincial Offences Court. Individuals convicted of offences are subject to fines of up to $50,000 and/or prison terms of up to two years less a day. Corporations are subject to fines of up to $250,000. These fines are collected by the government. Convicted parties are also subject to a victim surcharge. The surcharge is collected by the Court for the Victims’ Justice Fund.

NAME REG. STATUS LOCATION CHARGE DATE RESULT

Adam Torrance Babineau, also known as Adam Babineau

Registered Ottawa, ON

Furnishing false information in his application for registration under the Act

Convicted and sentenced: July 3, 2015

Guilty. Fined $2,500.

Mona Mohseni-Khalesi

Registered Toronto, ON

Five counts: - Making a false, misleading and deceptive statement in an advertisement relating to a trade in real estate - Accepting remuneration for a trade in real estate from a person other than the brokerage that employed her - Furnishing false information by telling a consumer that she had a power of attorney to lease a property when she did not - Failing to notify the Registrar of changes to information in an application within 5 days of the change taking place - Trading in real estate while unregistered



Shashi Bahl Registered Hamilton, ON

- Two counts of falsifying, assisting, inducing or counseling another to falsify information or documents relating to a trade in real estate. - Two counts of furnishing false information in an application, statement or return required under the Act.




Pervez Ebrahim Tagari, also known as Pervez Tagari


- Failing to deposit trust money in relation to a trade in real estate - Performing the functions of the brokerage in relation to a trade in real estate - Two counts of failing to deposit trust money in relation to a trade in real estate - Failing to use best efforts to deliver a copy of an agreement in relation to a trade in real estate


Guilty. Fined $2,000. Currently under appeal.

Xiao Na Zhang, also known as Grace Zhang

Registered Markham, ON

Four counts of trading in real estate while unregistered under the Act

Convicted and sentenced: August 11, 2015


Sean Delano Ryan

Registered Sarnia, ON

Two counts of furnishing false information in an application under the Act



David Mario Farmani, also known as Marco Farmani


- One count of furnishing false information on a new application - Two counts of furnishing false information on a renewal application.

Convicted and sentenced: September, 14, 2015

Guilty. Received suspended sentence.


Timothy S. Wilson

Not registered

Lisle, ON (A) Two counts of failing to ensure that the brokerage complied with the Act by disbursing money from the trust account resulting in an insufficient balance in relation to a trade in real estate (B) Three counts of failing to ensure that the brokerage complied with the Act by disbursing money from the trust account resulting in an insufficient balance in relation to a trade in real estate (C) One count of failing to ensure that the brokerage complied with the Act by not making a written record of receipt of trust money in relation to a trade in real estate (D) One count of while an officer and director, of failing to take reasonable steps to ensure that the brokerage complied with the Act by disbursing money from the trust account resulting in an insufficient balance in relation to a trade in real estate (E) One count of holding himself out as a salesperson while not registered under the Act

Convicted and sentenced: August 4, 2015 for counts A, B, C and D, September 16, 2015 for count D

Guilty. Fined $10,000 and ordered to pay a restitution order of $5,000

Gwen Denby

Not registered

Kawartha Lakes, ON

- Three counts of trading in real estate without registration - One count of holding herself out as being a brokerage, broker or salesperson while not registered

Convicted and sentenced: October 2, 2015

Guilty. Received suspended sentence.

Bill Denby, also known as Willian Denby

Not registered

Kawartha Lakes, ON

- Three counts of trading in real estate without registration - One count of holding himself out as being a brokerage, broker or salesperson while not registered

Convicted and sentenced: October 2, 2015

Guilty. Fined $40,000. Currently under appeal.

Lutchelle Ana Rita Mejia, also known as Elle Mejia

Not registered

Toronto, ON

Trading in real estate without registration under the Act

Convicted and sentenced: November 3, 2015



Lindsay Michelle Blair

Registered Ottawa, ON

Failing to notify the Registrar, in writing, within five days of a change to information in her application for registration under the Act, relating to six outstanding charges under the Criminal Code of Canada that were, at the relevant time, still before the Courts



Robert George Pilon


- Furnishing false information in an application for registration under the Act, by falsely reporting the completion of required continuing education courses. - Trading in real estate while unregistered under the Act.



Maxwell Akwasi Boateng


Failing to notify the Registrar, in writing, within five days of a change to information in his application for registration under the Act, relating to four outstanding charges under the Criminal Code of Canada that were, at the relevant time, still before the Courts.

Convicted and sentenced: December 1, 2015


Saheem Mohamed


Failing to ensure that his brokerage complied with the Act.


Guilty. Put on probation for two years.

Century 21 Innovative Realty Inc.


Employing an unregistered person to perform the functions for which registration is required under the Act.



Ahmed Nadeem Zia Qureshi, also known as Nadeem Zia Qureshi


Four counts of trading in real estate while unregistered under the Act.



Behruz Sadeghi

Registered Richmond Hill, ON

Trading in real estate while unregistered under the Act.




Discipline Committee & Appeals Committee Matters that involve alleged breaches of the Code of Ethics may be referred to the Discipline Committee for a hearing. Individuals found in violation may be ordered to take educational courses, pay a fine of up to $25,000, and may be required to pay fixed or imposed costs. Keywords are provided for each summary to help readers locate similar Discipline and Appeals decisions using the search feature available on RECO’s website under “Complaints & Enforcement.” Century 21 Home Realty Inc.

Kitchener, ON

July 14, 2015

Fined $12,000 (jointly and severally with Roy Balwant Singh)

Conscientious and Competent Service, Dealing with Registrants / Third Parties, Duty to Ensure Compliance – Brokerage, Interference – Another’s Clients, Misrepresentation (negligence), Representation (commission), Representation Agreements

Roy Balwant Singh

Kitchener, ON

July 14, 2015

Fined $12,000 (jointly and severally with Century 21 Home Realty Inc.) and ordered to complete one course

Conscientious and Competent Service, Dealing with Registrants / Third Parties, Duty to Ensure Compliance – Broker of Record, Interference – Another’s Clients, Misrepresentation (negligence), Representation (commission), Representation Agreements

Steven Matthew Zahnd

Guelph, ON July 14, 2015

Fined $7,500 and ordered to complete one course

Conscientious and Competent Service, Dealing with Registrants / Third Parties, Interference – Another’s Clients, Misrepresentation (negligence), Procedural Issues, Representation (commission), Representation Agreements

Christopher Parik

Toronto, ON July 23, 2015

Fined $5,000 Conscientious and Competent Service, Duty to Client, Financial Responsibility, Unprofessional Conduct

Faisal Fiaz Mississauga, ON

July 23, 2015


Advertising, Interference – Listing, Misrepresentation (negligence)

Elvis Vogrin Mississauga, ON

July 23, 2015

Fined $12,000 Conscientious and Competence Service, Disclosure – General, Discovery of Facts, Duty to Client, Grow Houses, Misrepresentation (negligence), Seller Property Information Statement, Unprofessional Conduct

Victoria Telleria

Mississauga, ON

August 14, 2015

Fined $6,000 Competing / Multiple Offers, Conscientious and Competent Service, Disclosure – Financial, Duty to Client, Misrepresentation (negligence), Negotiations, Representation (commission), Unprofessional Conduct


http://www.reco.on.ca/publicdocs/20150714_201101304.pdf














Sean Ian Richard Wilkinson

Barrie, ON August 14, 2015


Conscientious and Competent Service, Duty to Client, Premature Access to Property, Unprofessional Conduct

George Patrick Nagel

Barrie, ON August 14, 2015

Fined $7,000 Conscientious and Competent Service, Duty to Client, Premature Access to Property, Unprofessional Conduct

Ka-Shiu Chui Markham, ON

August 14, 2015

Fined $15,000 and ordered to complete two courses

Conscientious and Competent Service, Duty to Client, Financial Responsibility, Insufficient Copies of Documents, Misrepresentation (negligence), Premature Access to Property, Unprofessional Conduct

Marisa de Barros Malgueiro, also known as Marisa Malgueiro

Toronto, ON

August 14, 2015

Ordered to complete three courses

Dealing with Registrants / Third Parties, Misrepresentation (negligence), Unprofessional Conduct

Luis A. Cabral Toronto, ON

August 14, 2015

Ordered to complete three courses

Dealing with Registrants / Third Parties, Misrepresentation (negligence), Unprofessional Conduct

Serge Rybitsky Toronto, ON

August 14, 2015

Fined $11,000 Conscientious and Competent Service, Disclosure – General, Discovery of Facts, Duty to Client, Grow Houses, Misrepresentation (negligence)

Xie Xing Xue, also known as Scott Xue

Markham, ON

September 11, 2015


Conscientious and Competent Service, Premature Access to Property, Unprofessional Conduct

Michael Rayson Toronto, ON

September 11, 2015

Fined $9,000 Advertising, Incorrect Information in Listing, Misrepresentation (negligence), Property Features, Unprofessional Conduct

Alaina H. Lewis Cambridge, ON

September 11, 2015


Conscientious and Competent Service, Disclosure – General, Disclosure – Personal Interest, Disclosure – Role, Duty to Client, Misrepresentation (negligence), Unprofessional Conduct

Kenneth Roger Ross Cook

Brantford, ON

September 28, 2015

Fined $3,500 Competing / Multiple Offers, Dealing with Registrants / Third Parties, Duty to Client, Misrepresentation (negligence)

Sergio Enrique Medrano

Toronto, ON

September 28, 2015


Dealing with Registrants / Third Parties, Disclosure – Role, Duty to Client, Incorrect Information in Listing, Misrepresentation (negligence), Representation Agreements, Unprofessional Conduct

Aziz Abdiladif Mohamed

Toronto, ON

September 28, 2015


Conscientious and Competent Service, Duty to Client, Misrepresentation (negligence), Property Features
























Jeffery D. D’Amico

Toronto, ON September 28, 2015

Fined $5,500 Conscientious and Competent Service, Discovery of Facts, Duty to Client, Incorrect Information in Listing, Misrepresentation (negligence), Property Features, Unprofessional Conduct

Doris M. Ender, also known as Dora Ender

Toronto, ON September 28, 2015

Fined $7,500 Competing / Multiple Offers, Conscientious and Competent Service, Dealing with Registrants / Third Parties, Duty to Client, Misrepresentation (negligence)

Homelife Landmark Realty Inc.

Markham, ON

September 28, 2015

Fined $3,500 Competing / Multiple Offers, Disclosure – General, Disclosure – Offers, Duty to Client, Presentation of Offers

1675596 Ontario Inc., operating as Network Realty

Lindsay, ON October 5, 2015

Fined $5,000 Advertising, Conscientious and Competent Service, Duty to Client, Duty to Ensure Compliance – Brokerage, Name / Trade Name, Representation Agreements

Karen Millar Toronto, ON October 13, 2015

Fined $3,000 Conscientious and Competent Service, Duty to Client, Misrepresentation (negligence)

Song Huang, also known as Joseph Huang

Toronto, ON October 30, 2015


Competing / Multiple Offers, Conscientious and Competent Service, Duty to Client, Interference – Listing, Maintaining Current Knowledge, Misrepresentation (negligence), Unprofessional Conduct

Maokun Gong, also known as Brady Gong

Markham, ON

October 30, 2015


Competing / Multiple Offers, Duty to Ensure Compliance – Broker of Record, Unprofessional Conduct

Evan John Debrincat

Georgetown, ON

November 4, 2015


Conscientious and Competent Service, Discovery of Facts, Duty to Client, Misrepresentation (negligence), Services from Others / Outside Professional Advice

Lyle Hamilton Toronto, ON November 20, 2015


Competing/ Multiple Offers, Disclosure – Offers, Duty to Client, Misrepresentation (negligence), Negotiations

Rashmini Arun Raja

Mississauga, ON

November 23, 2015

Fined $2,500 Competing/ Multiple Offers, Disclosure – Offers, Duty to Client, Misrepresentation (negligence), Negotiations

Shawnette Reid Toronto, ON December 7, 2015


Conscientious and Competent Service, Duty to Client, Financial Responsibility, Misrepresentation (negligence), Unprofessional Conduct, Written and Legible Agreements

Jifa Wu, also known as Jeffery Wu

Toronto, ON December 7, 2015

Fined $3,000 Competing / Multiple Offers, Conscientious and Competent Service, Duty to Client, Misrepresentation (negligence), Unprofessional Conduct






























Resolved Complaints Under certain circumstances, the Registrar may attempt to resolve a complaint between the parties. RECO does not have the authority to impose a resolution to monetary or contractual disputes, or to assess or award damages. Any exchange of money mentioned in the following summaries was agreed upon voluntarily by the complainant and respondent. Complainant: Seller Respondent: Seller’s Salesperson Date of Release: July 6, 2015 Summary: • The seller’s salesperson made an error regarding the closing date on the Agreement

of Purchase and Sale. As a result, the seller had to compensate the buyer for the revised closing date.

• The seller’s salesperson says the date error was discovered after sending a counter-offer, but the buyer executed it anyways.

Agreement: • The salesperson reimbursed the seller for the cost of compensating the buyer and

recognized the issues of concern. Complainant: Buyer Respondent: Seller’s Salesperson Date of Release: July 20, 2015 Summary: • Despite the homeowners’ repeated requests to remove the lock box eight months

after occupancy of the home, the seller’s salesperson did not respond to the requests.

Agreement: • The Broker of Record had the lock box removed and the key returned to the buyer. Complainant: Seller Respondent: Seller’s Broker of Record Date of Release: July 21, 2015 Summary: • The sellers were unhappy with the services being provided under the existing listing

agreement. They were verbally assured that the listing could be cancelled, so they listed with another brokerage. The first brokerage wouldn’t cancel the contract.

• The Broker of Record said that relations had deteriorated between the parties and they were concerned about future issues with the seller.

Agreement: • The Broker of Record agreed to cancel the listing agreement.


Complainant: Seller Respondent: Buyer’s Salesperson Date of Release: July 22, 2015 Summary: • The seller was under a limited services contract. They said that they were pressured

into raising the fee offered to co-operating brokerages by the buyer’s salesperson. • The buyer’s salesperson said that the amendment to raise the fee was clearly

explained and signed by the seller after the negotiations were concluded. Agreement: • The commission was revised to the original co-operating brokerage fee. Complainant: Seller Respondent: Seller’s Salesperson Date of Release: July 23, 2015 Summary: • The seller requested the brokerage terminate her listing agreement. The seller’s

salesperson required the seller to pay $400 to terminate the agreement. The seller claimed that they made the payment, but the salesperson did not cancel the agreement.

• The seller’s salesperson said that the listing agreement was cancelled after the seller’s cheque cleared. The seller was notified of the cancellation via email.

Agreement: • The Seller’s salesperson resent his email to the seller confirming that the listing

agreement had been cancelled. Complainant: Seller Respondent: Buyer’s Salesperson Date of Release: July 27, 2015 Summary: • The seller said that some roofing trim got damaged while the property was in the

care of the buyer’s salesperson. The damage was estimated at $1,500. • The buyer’s salesperson said that the roofer did the damage accidentally. They were

concerned that the seller would be uncooperative with respect to other provisions of the offer.

Agreement: • The buyer’s salesperson paid the seller $750 and the seller agreed to cooperate on

the other provisions in the offer.


Complainant: Seller Respondent: Seller’s Salesperson Date of Release: August 20, 2015 Summary: • The seller listed her property and was told that it would be advertised on Realtor.ca,

but her salesperson did not do so. • The seller’s salesperson said that the seller’s property did appear on Realtor.ca, and

the seller had been provided with an email link to her active listing.

Agreement: • The seller’s salesperson re-sent the email link to the seller. Complainant: Seller Respondent: Seller’s and Buyer’s Salespersons Date of Release: August 21, 2015 Summary: • The seller said the keys went missing from the lockbox and they had to pay for new

locks and remote keyless entry fobs. • The buyer’s and seller’s salespersons said they didn’t lose the keys and it’s possible

that the seller lost them. Agreement: • The salespeople agreed to pay two thirds of the cost of the locks and remote keyless

entry fobs. Complainant: Other Salesperson Respondent: Seller’s Salesperson Date of Release: August 23, 2015 Summary: • The complainant salesperson said they had a written referral agreement in place

with the respondent salesperson for referring a seller prospect to them, and they are now refusing to pay.

• The seller’s salesperson thought they didn’t have to pay because the listing didn’t sell during the original listing period. The property expired and had been relisted.

Agreement: • The referral fee was paid in full.


Complainant: Buyer Respondent: Seller’s Brokerage Date of Release: September 11, 2015 Summary: • The seller’s brokerage submitted the buyer’s deposit cheque for deposit into the real

estate trust account. • The buyer and seller consented to cancel the sale of the property in writing the

following day. • The Broker of Record refused to return the deposit to the buyer until the cheque

cleared with the bank and the buyer threatened to stop payment of the deposit cheque payable to the listing brokerage.

Agreement: • The buyer agreed not to stop payment on the deposit cheque. • The buyer agreed to wait until the deposit cheque cleared. • Once the deposit cheque was cleared by the bank, the Broker of Record issued the

refund cheque to the buyer. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: September 15, 2015 Summary: • The seller accepted the buyer’s offer. The offer was conditional on the sale of the

buyer’s property, with a 48 hour escape clause dependent on the acceptance of an offer from another buyer.

• The buyer’s salesperson told the buyer verbally that the seller had accepted a new offer, subject to the buyer removing all conditions in the Agreement of Purchase and Sale (APS) or releasing the seller from the APS, within 48 hours.

• The buyer requested written notice that another offer had been received and accepted by the seller, subject to the buyer removing all conditions in the APS or consent to a release of the buyer’s agreement.

• The buyer’s salesperson failed to respond to the request for written notice. Agreement: • The buyer’s salesperson provided the buyer with written notice, which stated that the

seller had received and accepted a new offer, subject to the buyer removing all conditions in the APS or consenting to a release of the buyer’s APS.


Complainant: Seller Respondent: Seller’s Broker of Record Date of Release: September 15, 2015 Summary: • The Seller said that a virtual tour from four years ago featuring their property was still

active online. They wanted it removed. • The Broker of Record didn’t realize it was still active. It was a link from the virtual

tour provider. Agreement: • The virtual tour was removed. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: September 18, 2015 Summary: • The buyer purchased a condominium that had a delay in closing that led to

additional costs. The buyer’s salesperson promised in writing to cover these costs. • The buyer’s salesperson said the condominium had been delayed by almost three

years and they had been working with lawyers to try and get a resolution. Agreement: • The buyer’s salesperson paid the buyer to fulfill the written promise. Complainant: Buyer Respondent: Buyer’s Salesperson, Buyer’s Broker of Record Date of Release: September 30, 2015 Summary: • The buyer was unhappy because they signed a Buyer Representation Agreement

and now were not receiving any services. • The buyer’s salesperson said relations had deteriorated between the parties, and it

had been left with the Broker of Record. The Broker of Record was unwilling to cancel the contract.

Agreement: • The Broker of Record assigned the buyer to another salesperson at the brokerage.


Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: September 30, 2015 Summary: • The buyer said that they did not have copies of the documents that they signed with

the salesperson. • The salesperson said that a Buyer Representation Agreement was signed and

copies were provided previously.

Agreement: • The salesperson provided a copy of the Buyer Representation Agreement to the

buyer. Complainant: Seller Respondent: Seller’s Brokerage Date of Release: October 2, 2015 Summary: • The seller signed a listing agreement and confirmed in writing that the listing

brokerage would cancel the listing agreement if, for any reason, the seller was unhappy with the services provided by the listing salesperson.

• The listing brokerage’s Broker of Record refused to cancel the listing agreement and offered to assign another salesperson to market the seller’s property. The seller refused the offer.

Agreement: • The Broker of Record cancelled the listing agreement. Complainant: Tenant Respondent: Seller’s Salesperson Date of Release: October 5, 2015 Summary: • The seller’s salesperson entered the unit without notice, and began taking pictures,

which upset the tenant. Agreement: • The seller’s salesperson agreed to send a formal apology. The tenant accepted the

apology.


Complainant: Buyer’s Salesperson Respondent: Seller’s Salesperson Date of Release: October 9, 2015 Summary: • The buyer’s salesperson made several attempts to contact the seller’s

representative to show the property. His calls were not returned and the buyer’s salesperson was unable to show the buyer the property.

• The seller’s salesperson said that this was an oversight and he would arrange to have the property shown immediately.

Agreement: • The seller’s salesperson arranged an appointment to show the property. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: October 15, 2015 Summary: • The buyer’s salesperson failed to set up appointments. • The buyer wanted a termination of the Buyer Representation Agreement, but did not

receive a response. • The buyer’s salesperson attempted to resolve the situation with the buyer, but the

buyer would not negotiate. Agreement: • The salesperson and brokerage agreed to cancel the Buyer Representation

Agreement. Complainant: Seller Respondent: Seller’s Brokerage Date of Release: October 20, 2015 Summary: • The seller listed their home with the brokerage, but circumstances changed and they

no longer wished to sell. The brokerage continued to advertise the property and the seller wanted it to stop.

• The brokerage offered to reassign the listing to another salesperson instead of cancelling the listing.

Agreement: • The brokerage agreed to suspend the listing until the expiry date and cease all

marketing activities.


Complainant: Seller Respondent: Buyer’s Salesperson Date of Release: October 21, 2015 Summary: • The seller said that the buyer’s salesperson left his front door unlocked after the

showing. Also, the lights and fan were left on in the property. • The buyer’s salesperson did not recall leaving the seller’s door unlocked. Also, he

was not aware that the fan and lights had been left on. Agreement: • The buyer’s salesperson provided a written apology to the seller. Complainant: Seller Respondent: Seller’s Broker of Record Date of Release: October 30, 2015 Summary: • The sellers wanted the listing agreement for two months only. They were incapable

of reading the agreement. • The Broker of Record did not follow their instructions and prepared a listing

agreement for six months, which the sellers signed. • The sellers wanted to cancel the listing agreement. • The Broker of Record suspended their listing on the MLS System, but the sellers

insisted on cancelling the listing agreement. Agreement • The Broker of Record cancelled the listing agreement and removed the MLS listing. Complainant: Homeowner Respondent: Buyer’s Salesperson Date of Release: November 4, 2015 Summary: • The buyer’s salesperson visited a property by mistake, believing he had an

appointment there after noting the property’s address in his records. He noted the address inaccurately.

Agreement: • The salesperson apologized to the homeowner in writing. The homeowner accepted

the apology.


Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: November 9, 2015 Summary: • The buyer had a written promise to receive a rebate upon successful purchase. • The salesperson said they had given other items to the buyer in lieu of payment and

that the buyer agreed the promise would no longer apply. The salesperson also said that the rebate was conditional upon the buyer listing their property with the salesperson, but they listed with another brokerage.

Agreement: • The salesperson paid the rebate in full. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: November 9, 2015 Summary: • The buyer bought a condominium and the buyer’s salesperson promised a rebate of

$1,500 upon closing, but it had not been paid. • The buyer’s salesperson said there was a delay in completing the sale and they did

not get paid for a while. The salesperson didn’t have the money to pay the rebate. Agreement: • The parties agreed that the salesperson would pay the rebate in full in three monthly

installments. Complainant: Seller Respondent: Seller’s Salesperson Date of Release: November 10, 2015 Summary: • The seller had his business listed for sale, but the seller’s salesperson was not

responding to his emails or phone calls. The seller wanted to terminate his listing agreement because he did not feel that he was receiving proper service from his salesperson.

• The seller’s salesperson said that there was a misunderstanding. The salesperson was providing services, which resulted in an offer for the property.

Agreement: • The seller confirmed that he was satisfied with the salesperson’s services and did

not wish to pursue the matter further.


Complainant: Broker Respondent: Salesperson Date of Release: November 19, 2015 Summary: • The salesperson was promoting themselves as #1 in the brokerage without any

clarification or disclosures in their advertising.

Agreement • The salesperson changed the advertising to make it compliant. Complainant: Buyer Respondent: Buyer’s Salesperson, Broker of Record, Brokerage Date of Release: November 20, 2015 Summary: • The buyer was promised a 1% cash back rebate by the salesperson if the buyer

purchased a property using the salesperson’s services. • The salesperson declined to pay the rebate. He claimed that he invested more time

than expected to find the buyer a home. • The buyer contacted the salesperson’s Broker of Record. The Broker of Record was

unwilling to pay the rebate to the buyer on behalf of the salesperson. Agreement: • The salesperson agreed to pay the 1% cash back rebate to the buyer and

recognized the concern raised about his conduct in the matter. Complainant: Tenant Respondent: Tenant’s Salesperson Date of Release: November 23, 2015 Summary: • The tenant rented a unit that was supposed to have a storage locker. When they

moved in, the storage locker wasn’t available as a result of an error the salesperson made in the Offer to Lease. The tenant’s salesperson promised to pay for the omission but did not end up making any payment.

Agreement: • The salesperson made the payment to the tenant.


Complainant: Buyer’s Salesperson Respondent: Seller’s Brokerage Date of Release: November 26, 2015 Summary: • The buyer’s salesperson said that a mutual release had been signed and the seller’s

brokerage was unnecessarily delaying the return of the deposit. • The seller’s brokerage said that the mutual release was accepted after the

irrevocable date and it did not include all the necessary signatures. Agreement: • The mutual release was amended and the deposit was returned. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: December 8, 2015 Summary: • After the transaction failed, the buyer said he was promised payment in the amount

of the deposit by the buyer’s salesperson. They have only received part payment. • The buyer’s salesperson said that they never agreed to pay the amount in question,

but paid a lower amount because they felt bad about the transaction Agreement: • The salesperson paid the balance to the buyer. Complainant: Buyer Respondent: Buyer’s Salesperson Date of Release: December 8, 2015 Summary: • The buyer said they were promised a rebate after they purchased a property, and

that they only received partial payment. • The salesperson disputed the amount promised, claiming payment of the amount

that they had originally agreed to. Agreement: • The salesperson paid the rebate in full.


Complainant: Buyer’s Salesperson Respondent: Seller’s Salesperson Date of Release: December 10, 2015 Summary: • The buyer’s salesperson said they submitted a mutual release for the seller to sign.

They were told that the seller was refusing to sign it. They were not sure the seller had even seen it.

• The seller’s salesperson said the sellers didn’t believe the buyer acted in good faith during this transaction. The seller would not agree to sign the release and had put the home back on the market.

• RECO confirmed that seller had reviewed the release.

Agreement: • The parties resumed discussions with the expectation that a release will be

executed. Complainant: Seller Respondent: Seller’s Salesperson Date of Release: December 14, 2015 Summary: • The seller’s salesperson entered inaccurate information into the MLS listing for the

seller’s property. The seller requested corrections. • The seller’s salesperson failed to take immediate action and failed to return the

seller’s calls. • The seller requested that the salesperson cancel the listing agreement. • The Broker of Record failed to return the seller’s calls. Agreement: • The Broker of Record cancelled the listing agreement. Complainant: Buyer’s Salesperson Respondent: Seller’s Brokerage Date of Release: December 15, 2015 Summary: • The buyer’s salesperson requested an appointment to show a property advertised

by the listing brokerage. • The seller was too ill to sign the document required to either suspend or cancel the

listing agreement. • All appointments to show the property were refused by the listing brokerage. Agreement: • A cancellation of the listing agreement was agreed to.


Complainant: Seller’s Salesperson Respondent: Buyer’s Salesperson Date of Release: December 21, 2015 Summary: • The buyer’s salesperson failed to cancel an appointment he had booked to show the

property, inconveniencing the seller. Agreement: • The buyer’s salesperson provided a letter of apology to the seller’s salesperson and

to the seller. They accepted the apologies.


Real Estate Council of Ontario...The Real Estate Council of Ontario (RECO) administers and enforces...

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