Consent Order

Published on
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Licensee
Azeem Hassanali, Azeem Hassanali
Brokerage at Time of Sanctioned Activity
Sutton Group-West Coast Realty
Current Brokerage
Sutton Group West Coast Realty, North Vancouver
Consent Order Date
22 September 2023

Summary

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004, c. 42

AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act

Hearing Date: September 22, 23, 2008

Decision of Council: November 27, 2008

Complaint: Contravention of sections 35(1)(a) [professional misconduct] and 7(3)(a) and (b) [relationships between brokerages and other licensees] of the Real Estate Services Act and sections 3-3(1)(a) [duties to clients], 3-3(1)(i) [avoid a conflict of interest], and 3-3(1)(j) [disclose conflict of interest to client] of the Council Rules

Issue: Azeem Abdulrasul Hassanali, representative, West Coast Realty Ltd. dba Sutton Group West Coast Realty, North Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he:

  1. failed to act in the best interests of his clients, as required by section 3-3(1)(a) of the Council Rules, when he acted as a limited dual agent for the buyer and seller, as well as a leasing agent and a property manager for Metro Plaza for the seller, and a dispute arose between the parties which placed Mr. Hassanali in a conflict of interest;
  2. failed to take reasonable steps to avoid a conflict of interest, as required by section 3-3(1)(i) of the Council Rules, when he acted as a limited dual agent, a leasing agent and a property manager for the Property;
  3. as required by section 3-3(1)(j) of the Council Rules, failed to disclose to his clients promptly that a conflict of interest existed when he acted as a limited dual agent; and
  4. contrary to sections 7(3)(a) and 7(3)(b) of the Real Estate Services Act, offered real estate services relating to Metro Plaza and accepted remuneration for same outside of his brokerage, and specifically in relation to:
    1. the lease renewal of a tenant in January 2006 in which Mr. Hassanali received funds directly from the client;
    2. property management services per an Agreement dated March 25, 2005 between Mr. Hassanali and the client, Pacific United Ltd. in which the brokerage was not named as a party.

Results

Azeem Abdulrasul Hassanali was suspended for one year from January 14, 2009 to January 13, 2010 (inclusive) for professional misconduct as described above. In addition, he was ordered to successfully complete the disciplinary education assignment applicable to Chapter 2 (The Real Estate Services Act), Chapter 5 (The Professional Liability of Real Estate Licensees), Chapter 9 (Professional Ethics), and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, Unit 1 "Agency Disclosure, Privacy and the Realtor Code " and Unit 10 "Legal and Ethical Issues " of the British Columbia Real Estate Association Residential Trading Services Applied Practice Course; enroll in and attend the first available CPE course " Professionalism it Pays! Be Safe or Be Sued " or "Ethics: Unlocking the Realtor Code ", and pay enforcement expenses to the Council in the amount of $6,128.00.