Calgary housing market

Real Estate Licence Cancelled, Barred from Becoming Licensed for Seven Years

Calgary, Alberta — on February 24, 2022, a Hearing Panel for the Real Estate Council of Alberta (RECA) cancelled the licence of John Doe and barred John from becoming eligible for licensing for seven years. John is not licensed to trade in real estate in Alberta and has been deemed ungovernable.

The Hearing Panel also ordered total fines of $48,000 for breaching the Real Estate Act and Rules, and ordered costs of $42,585.

John’s licence had been suspended since November 14, 2018, when it was determined it was in the public interest to temporarily suspend John’s licence pending the conclusion of disciplinary proceedings.

The Panel determined that John breached the following:

Real Estate Act s.17

No person shall:

  • (a) trade in real estate as a real estate broker
  • (b) deal as a mortgage broker
  • (d) advertise himself or herself as, or in any way hold himself or herself out as, a mortgage broker, real estate broker or property manager

Unless that person holds the appropriate license for that purpose issued by the Industry Council relating to that industry.

Real Estate Act s.38(4)

A person who is required under subsection (2) to answer the questions of a person conducting an investigation

  • (a) shall co-operate with the investigator and promptly respond to the questions
  • (b) shall not be excused from answering any question on the ground that the answer might tend to
    • (i) incriminate the person

Real Estate Act Rules s.41

Licensee must:

  • (b) provide competent service
  • (d) fulfill their fiduciary obligations to their clients
  • (f) disclose to their clients, at the earliest practical opportunity, any conflict of interest they may have in the course of providing services to, or in their dealings with, a client

Real Estate Act Rules s.42

Licensee must not:

  • (a) make representations or carry on conduct that is reckless or intentional and that misleads or deceives any person or is likely to do so
  • (b) participate in fraudulent or unlawful activities in connection with the provision of services or in any dealings
  • (g) engage in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute

Real Estate Act Rules s.53

A real estate associate broker and associate must:

  • (a) trade in real estate only in the name that appears on that individual’s licence and in the name of the brokerage with which that individual is registered

Real Estate Act Rules s.54(1)

A real estate broker, associate broker or associate, as the case may be, must not:

  • (a) trade in real estate on behalf of a brokerage other than the brokerage with which he is registered

Real Estate Act Rules s.58

The basic obligations of a licensee who is in a sole agency relationship with a buyer are to:

  • (j) disclose, in a timely manner, to the buyer all relevant facts known to the licensee affecting a property or transaction

John was previously registered as a real estate associate registered with 1853147 Alberta Ltd. o/a Engel & Volkers Calgary; 2008863 Alberta Ltd. o/a The Alberta Collection; The Alberta Collection Inc.; Grand Realty & Management Ltd. o/a Grand Realty; Discover Real Estate Ltd.