33-11-1377
Licence number
B2893
Broker's name
El Zahabi, Mounib
Decision
NOTICE OF SUSPENSION
OF MR. MOUNIB EL ZAHABI’S LICENCE
File: 33-11-1377
NOTICE is hereby given that Mr. Mounib El Zahabi, former real estate broker (licence no. B2893), whose establishment was located in Brossard, 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: acted (sic) blindly or by convenience by preparing the following transactional documents:
a) on or around August 30, 2007, concerning an immovable, a Promise to purchase and an Annex A designating a promising buyer;
b) on or around October 25, 2007, concerning an immovable, a Promise to purchase and annexes designating a promising buyer;
c) on or around February 5, 2007, concerning an immovable, a Promise to purchase and annexes designating a promising buyer;
d) on or around January 30, 2007, concerning an immovable, a Promise to purchase and annexes designating a promising buyer;
thus committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: Concerning an immovable, allowed or let a person other than the promising buyer sign the following documents:
a) a Promise to purchase and an Annex A;
b) a Counter – proposal;
c) an Amendments and notice of fulfilment of conditions form;
d) an Amendments and notice of fulfilment of conditions form;
thus committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
3rd count: On or around October 8, 2009, during an investigation conducted by an assistant syndic made a misrepresentation by stating that:
a) he visited the immovable with a promising buyer;
b) a promising buyer signed a promise to purchase before him;
thus committing, on each of these occasions, an offence under section 55 of the Rules of Professional Ethics of the ACAIQ.
4th count: On or around October 22, 2007, concerning an immovable, did not, prior to the publication of a descriptive sheet in the Multiple Listing Service SIA/MLS:
a) visit the said immovable;
b) make the owner of the said immovable sign a brokerage contract;
the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: Following on or around the month of October 2007, concerning an immovable, did not keep the transactional documents of the transaction, including a promise to purchase and annexes, thus violating section 140 of the Rules of Professional Ethics of the ACAIQ.
On March 11, 2014, the Discipline Committee ordered a suspension of Mr. Mounib El Zahabi’s real estate broker’s licence (licence no. B2893) for concurrent periods of six (6) months each, on counts no. 1 a) to 1 d) of the formal complaint, for concurrent periods of thirty (30) days each on counts no. 2 a) to 2 d) of the formal complaint, for concurrent periods of ninety (90) days each on counts no. 3 a) and 3 b) of the formal complaint, for concurrent periods of sixty (60) days each on counts no. 4 a) and 4 b) of the formal complaint and for a period of thirty (30) days on count no. 6 of the formal complaint, to be served consecutively to each other.
Given that Mr. Mounib El Zahabi is no longer a licence holder, his licence will be suspended for a period of six (6) months and two hundred and ten (210) days 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, April 15, 2014
Renée Dionne
Discipline Committee Secretary
