33-09-1261

Licence number

D2892

Broker's name

Morshedi, Reza

Decision

NOTICE OF SUSPENSION OF
MR. REZA MORSHEDI’S LICENCE

(File: 33-09-1261)

NOTICE is hereby given that Reza Morshedi, former real estate broker (Licence No. D2892), whose establishment was located in Pointe-Claire, has notably been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:

1st count: On or about April 28th, 2006, concerning an immovable, prepared and had a promising buyer sign a promise to purchase indicating a selling price of 210 000,00$ while he knew or should have known that it did not represent the real selling price agreed by the parties, the whole contrary to the Rules of professionnal ethics of the ACAIQ.

3rd count: Concerning and immovable :

a) allegedly on or about November 9th, 2005, prepared and had a promising buyer sign a promise to purchase and an Annex A, indicating a selling price of 344 000,00$, while he knew or should have known that it did not represent the real selling price agreed by the parties;

b) allegedly on or about November 9th, 2005, prepared or had prepare and obtained promissing buyer's signature on a promise to purchase and an Annex A, while he knew or should have known that the deposit indicated on section 4.2 of the said promise to purchase was not made;

the whole contrary to the Rules of professional ethics of the ACAIQ.

4th count: On or about June 20th, 2005, concerning an immovable, signed a promise to purchase and an Annex A indicating a selling price of 249 000,00$, while he knew or should have known that it did not represent the selling price agreed by the parties the whole contrary to the Rules of professional ethics of the ACAIQ.

5th count: Concerning an immovable, let two different versions of an Annex A, dated June 20th, 2005, circulate, the whole contrary to the Rules of professional ethics of the ACAIQ.

6th count: Between April 15th, 2005, and June 30th, 2005, concerning immovables, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a statement of shares dated of March 15th, 2005;
b) a notice of assessment for the year 2004;
c) a notice of assessment for the year 2003;
d) an investment confirmation dated of November 16th, 2004;

the whole contrary to the Rules of professional ethics of the ACAIQ.

7th count: Concerning and immovable :

a) on or about December 8th, 2005, modified or let someone modify a Multiple Listing Service in order to increase the rental income amounts for an immovable;
b) on or about February 27th, 2006, modified or let someone modify a Multiple Listing Service in order to increase the listing price of an immovable from 329 000,00$ to 349 000,00$, without having in his possession the proper documents to support said increase;

the whole contrary to the Rules of professional ethics of the ACAIQ.

8th count: Concerning and immovable :

a) prior to February 27th, 2006, did not disclose to the buyer, without delay and in writing, his quality as real estate agent and his interest, direct or indirect, he intended to sell in an immovable property in the manner prescribed in the By-law of the ACAIQ;
b) starting February 27th, 2006, did not transmit to the ACAIQ as soon as possible, a copy of the said notice and every other contract that may be related thereto;

committing an offence to the Real estate Brokerage Act.

9th count: Between February 27th, 2006, and April 3th, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a notice of assessment for the year 2003;
b) a notice of assessment for the year 2004;
c) a «Confirmation de placement» dated of November 18th, 2005;

the whole contrary to the Rules of professional ethics of the ACAIQ.

10th count: Concerning an immovable, did not transmit without delay to the person who manages the place of business to which he is assigned the information and documents required in order to maintain the records, books and registers, namely:

a) a promise to purchase, an Annex A and an Annex B allegedly signed on February 26th, 2006;
b) a form Amendement and notice of fulfilment of conditions allegedly signed on an unknown date;

the whole contrary to the By-Law of the ACAIQ.

11th count: Between on or about March 2nd, 2006, and May 31st, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a notice of assessment for the year 2003;
b) a notice of assessment for the year 2004;
c) a lease for an apartment, for the period beginning on January 1st, 2006, ending on June 31st, 2007, and allegedly signed by the landlord on December 26th, 2005;
d) a lease for an apartment, for the period beginning on June 1st, 2006, ending on June 1st, 2007, and allegedly signed by the landlord on May 1st, 2006;
e) a second lease for an apartment, for the period beginning on June 1st, 2006, ending on June 1st, 2007, and allegedly signed by the landlord on May 5th, 2006;

the whole contrary to the Rules of professional ethics of the ACAIQ.

12th count: Concerning an immovable, did not transmit without delay to the person who manages the place of business to which he is assigned the information and documents required in order to maintain the records, books and registers, namely a promise to purchase, an Annex A and an Annex B allegedly signed on March 2nd, 2006, the whole contrary to the By-Law of the ACAIQ.

13th count: Between on or about March 20th, 2006, and May 1st, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a «Confirmation d'emploi» allegedly signed on March 24th, 2006;
b) a «Relevé de vos placements» allegedly for the period beginning on October 1st and ending on December 31st, 2005;

the whole contrary to the Rules of professional ethics of the ACAIQ.

14th count: On or about March 2nd, 2006, concerning an immovable, prepared and had a buyer sign a promise to purchase and an Annex A, indicating a deposit of the amount of 30 000,00$ whereas no such deposit was made, the whole contrary to the Rules of professional ethics of the ACAIQ.

15th count: Between on or about March 2nd, 2006, and April 4th, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a statement of shares dated of January 5th, 2006;
b) a letter «confirmation d'emploi» dated of March 3rd, 2006;
c) a lease for an apartment, for the period beginning on June 1st, 2003, ending on June 1st, 2007, and allegedly signed by the landlord on May 1st, 2003;
d) a lease for an apartment, for the period beginning on May 29th, 2003, ending on June 1st, 2006, and allegedly signed by the landlord on May 1st, 2003;
e) a descriptive listing without monthly rental income amounts;

the whole contrary to the Rules of professional ethics of the ACAIQ.

16th count: On or about November 2nd, 2005, concerning an immovable indicated on the Multiple Listing Service the seller, while he knew or should have known that the owner of this immovable was someone else, the whole contrary to the Rules of professional ethics of the ACAIQ.

17th count: Between on or about April 1st, 2006, and May 8th, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a «confirmation d'emploi» dated of April 7th, 2006;
b) a descriptive listing without the name of the real estate agent;
c) a lease for an apartment, for the period beginning on July 1st, 2005, to June 30th, 2007, allegdly signed by the lessor, on May 17th, 2005;

the whole contrary to the Rules of professional ethics of the ACAIQ.

18th count: Between on or about December 2nd, 2005, and February 20th, 2006, concerning an immovable, transmitted or had documents transmit to a bank, while he knew or should have known that they were false, namely:

a) a confirmation of employment dated of January 1st, 2006;
b) a statement of earnings for the period beginning on June 1st, 2006, and ending on June 15th, 2006;

the whole contrary to the Rules of professional ethics of the ACAIQ.

On July 7, 2014, the Discipline Committee ordered a permanent suspension of Reza Morshedi’s real estate broker’s licence (Licence No. D2892) on counts Nos. 1 and 3 to 18 of the formal complaint.

Given that Reza Morshedi is no longer a licence holder, his licence will be suspended permanently whenever he becomes a licence holder again.

This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).

Brossard, July 9, 2014

Renée Dionne
Discipline Committee Secretary