Panel upholds $21K fine, suspension for Edmonton real estate agent who admitted to fraud - CTV News | Canada News Media
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Panel upholds $21K fine, suspension for Edmonton real estate agent who admitted to fraud – CTV News

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EDMONTON —
A former Edmonton real estate agent who was fined $21,000 and suspended for one year by the Real Estate Council of Alberta has lost his efforts to stay those penalties. 

Mehboob Ali Merchant was seeking to stay the fine and suspension until his appeal date, tentatively set for March 17, 2020.

But in a Jan. 29 written decision, a three-person RECA hearing panel denied his application, noting Merchant had admitted to theft, fraud, identity fraud and withholding documents from investigators. 

“Allowing Mr. Merchant to continue to work as an industry member given these serious breaches that have already been committed will place the public at unnecessary risk and bring the industry into disrepute,” reads the decision. 

In seeking the stay, Merchant argued that being unable to work was causing him “irreparable harm” that outweighed any harm to the public should he be allowed to return to work. 

Merchant, an 11-year veteran of the real estate industry, did not respond to phone and text messages from CTV News. He declined to comment on multiple occasions over November and December of 2019 in reaction to RECA’s initial ruling.

As per its policy on individual cases, RECA declined further comment on the decision. 

LIFETIME BAN SOUGHT

Last October, a RECA hearing panel found Merchant leased a condo without permission, mishandled a commission, and withheld documents from investigators. 

Merchant appealed the discipline, seeking lighter penalties, arguing the wrong section of the Real Estate Act had been applied. RECA counter-appealed, and sought a lifetime ban against him.

“Had it not been for these errors, the Hearing Panel would have imposed the proper sanction of licence cancellation and lifetime licensing prohibition.”

Merchant worked under the name Ali Merchant in Edmonton with the Century 21 Platinum Realty company but is no longer listed on its website. 

‘THIS IS THEFT’

Merchant’s case stretches back to February of 2011, when he received $20,000 from his client to be paid as commission on the condo’s purchase contract. 

The RECA decision states that he instead deposited those trust funds into his own bank account. 

“This breach was a crime of knowing deception and proven dishonesty,” argued RECA’s case presenter. “He never gave it to his brokerage. This is theft.”

Merchant cited his industry inexperience at the time and called the deposit “a clerical oversight” which he said “can simply be dealt with administratively.”

“I did pay all applicable fees charged by my brokerage, and thereby, did not commit any theft,” Merchant argued as per the RECA decision.

LEASE DEAL CONFUSION

Four years later, the same condo (and owner) were at the centre of another incident involving Merchant in January of 2015.

According to the RECA decision, Merchant attempted to enter into a lease with the condo owner on the understanding he was acting on behalf of his brokerage.

In actuality, the tenant was a corporation Merchant had registered to appear to be his brokerage.

“He did this for the purpose of personally profiting and thereby committed identity fraud,” the decision reads.

While admitting his actions were reckless, Merchant argued the corporation was registered by his wife to handle her private real estate portfolio.

“It was not my corporation and I have never had any positions or rights to this corporation.”

RENTED WITHOUT PERMISSION

The next month, Merchant rented out the condo to a tenant, but did so without the owner’s permission and without telling that tenant he wasn’t authorized to lease the property, according to the RECA decision.

“This cost [the tenant] money because she had to move early and unexpectedly. This cost [the owner] money because she was deprived of the lawful use of her own property.”

The decision notes Merchant offered to pay the owner back but also that it was less than what he collected and the gesture came only after he was under investigation.

“[Merchant] unlawfully collected rent from [the tenant], which he kept for himself. This is fraud.”

Merchant argued he never told the tenant that he owned the condo but that he didn’t share with her the written agreement he had with the condo’s owner

“This was reckless on my part but not fraudulent.”

In April of 2015, the owner filed a formal complaint with RECA, sparking an investigation in which Merchant was accused of withholding evidence.

“RECA investigators asked Mr. Merchant multiple times to provide a copy of the lease with GC and copies of all correspondence in regard to that lease,” reads the decision.

“He intentionally withheld these documents.”

Merchant stated the documents were not in his possession when asked for them and that they were later recovered from the tenant by investigators.

Pending the outcome of the appeal, his suspension ends on Oct. 17, 2020.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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