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Real estate broker's registration revoked for trust account misappropriation, falsifying records, and abusive conduct.
The Registrar proposed to revoke the registrations of a real estate broker and his brokerage under the Real Estate and Business Brokers Act, 2002.
The Tribunal found that the broker had misappropriated trust funds, falsified bank statements, engaged in abusive and unprofessional communications with clients and the regulator, and made false statements on a registration application.
The Tribunal concluded that the broker's past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with law and with integrity and honesty.
Finding that conditions would not sufficiently protect the public, the Tribunal directed the Registrar to carry out its proposal to revoke the registrations.
Registrar directed to register appellant as real estate salesperson despite past criminal convictions.
The Registrar proposed to refuse the appellant's registration as a real estate salesperson based on an outstanding fine, past criminal convictions, and alleged false statements on his application.
The Licence Appeal Tribunal found that the appellant had paid the fine and demonstrated financial responsibility.
The Tribunal also found that the appellant's past criminal conduct was dated, and he had since shown significant rehabilitation and success in business.
Finally, the Tribunal concluded that the appellant did not knowingly make false statements on his application, as he provided fulsome disclosure.
The Tribunal directed the Registrar not to carry out the proposal and found the appellant entitled to registration.
Appeal dismissed; real estate broker registration refused due to past misuse of trust funds and financial irresponsibility.
The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a real estate broker.
The appellant had previously been registered but voluntarily relinquished his registration after his brokerage went bankrupt and he was convicted of multiple offences under the Real Estate and Business Brokers Act, 2002, including breach of trust for misusing trust funds.
The Tribunal found that the appellant could not reasonably be expected to be financially responsible, that his past conduct demonstrated a lack of integrity and honesty, and that he had made false statements on past applications.
The Tribunal concluded that conditions on registration were inappropriate given the fundamental lack of honesty demonstrated by the misuse of trust funds.
The Registrar was directed to carry out the proposal to refuse registration.
