Appeal from a Proposal of the Registrar under the Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sch. C to Refuse Registration
Between:
Hossein Mostafavi
Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
DECISION AND ORDER
Adjudicator: Sandeep Johal, Member
Appearances:
For the Appellant: Self-represented
For the Respondent: Jonathan Miller, Counsel Shaun Chu-A-Kong, Counsel
Heard in Toronto: May 17, 18, 22, 23, 24, 30, 2018
REASONS FOR DECISION AND ORDER
A. Overview:
1Under the Real Estate and Business Brokers Act, 2002, S.O. 2002 c. 30 Sch. C (the "Act") the Registrar issued a Notice of Proposal to Refuse Registration dated October 23, 2017 and a Supplemental Notice of Proposal to Refuse Registration dated April 6, 2018 (together the "Proposal") to refuse the appellant's registration as a broker under the Act on the basis that his past conduct affords reasonable grounds for belief that he will not carry on business in accordance with law and with integrity and honesty.
2The Registrar alleges that the appellant's past conduct includes;
a. Depositing a consumer's $100,000 trust deposit for a real estate transaction into the brokerage's general bank account rather than the brokerage's trust account, then misappropriating the $100,000 by withdrawing the money and using it for his personal affairs.
b. Purposely providing false information to a RECO (Real Estate Counsel of Ontario) investigator during an investigation into a consumer complaint.
c. Causing the client of another brokerage to breach his buyer representation agreement with that brokerage and having the client sign a buyer representation agreement with his brokerage.
d. Changing the terms of a document and having his client sign the document before notifying the client of the change and refusing to cancel the agreement after the client became aware of the change.
e. Unlawfully evicting tenants from a rental property.
f. Submitting a misleading document to a statutory tribunal.
g. As a broker of record failing to ensure that the books and records of the brokerage were in compliance with the Act and its Regulations, even though he had been previously notified and educated about proper accounting and bookkeeping practices.
h. Having four pending charges against him for breaches of the Act and its Regulations.
i. Entering into an agreement with no conditions to purchase 38 Maple Grove Road, Lindsay, Ontario by December 19, 2017 and failed to fulfil his obligations under the agreement, thereby breaching the agreement. The seller entered into an agreement with another purchaser on December 22, 2017 and then the appellant registered a certificate of pending litigation (CPL) against the property on January 5, 2018 providing a disincentive for any new potential purchasers to purchase the property.
j. Receiving several warnings from the Registrar respecting his conduct as a registrant.
3The appellant appeals the Proposal to this Tribunal for the following reasons:
I. He does not believe the respondent has documentary evidence to prove the allegations,
II. The respondent did not thoroughly examine all his supporting documentation
III. The respondent was biased in its investigation because they were trying to find evidence to convict him.
IV. The appellant was only short in his trust account on one