REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Act
R.S.B.C. 1996, c. 397 As Amended
AND in the matter of a Disciplinary Hearing held pursuant to Section 31 of the Real Estate Act
Respondent: ZAHIR KARIM
File: 4-00
Date of Hearing: June 26-29, October 3,4, November 7, December 4, 2001
Complaint
Breach of Sections 16(2), 31(1)(a) and (c) of the Real Estate Act/ Misappropriation/ Negligence/Misconduct
Issue
Zahir Karim, currently unlicensed who, while licensed as a salesperson with International Business Brokers (1996) Inc., Vancouver breached Section 31(1)(a) of the Real Estate Act in that he misappropriated or wrongfully converted a sum of money from an account in the name of the agent; breached Section 16(2) of the Real Estate Act by failing to promptly provide a cheque to the agent which he had received from the buyers; misconducted himself within the meaning of Section 31(1)(c) of the Act in that he wrongfully deposited the above mentioned cheque into an account, which was not the agent ’s statutory trust account.
Penalty
The licence of Zahir Karim be cancelled and the Council would not consider an application for licensing as a salesperson from him for a period of three (3) years. The Hearing Committee ordered that this cancellation of his salesperson ’s licence run consecutive to the ninety (90) day suspension of his salesperson ’s licence, upon licence reissuance set down at a previous hearing. The Hearing Committee further ordered that Zahir Karim successfully complete the Real Estate Salesperson ’s Pre-Licensing Course and Examination prior to becoming relicensed.
The Hearing Committee ’s decision had been appealed to the Commercial Appeals Commission who allowed his appeal in part by dismissing one of the findings. However, the Commission upheld the cancellation and remedial education as outlined above.
On July 6, 2004 Mr. Karim ’s appeal to the Court of Appeal was dismissed as abandoned pursuant to Section 25(5) of the Court of Appeal Act.
P: July 13, 2004 R:no