REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: MEHRZAD (MARY) FARIBORZ SALEH
File: 09-015
Date of Consent Order: March 25, 2010
Issue: Mehrzad (Mary) Fariborz Saleh, representative, West Coast Realty Ltd. (Coq) dba Sutton Group –West Coast Realty (Coq), Coquitlam, entered into a Consent Order with the Council in which she consented to an Order that, while licensed with All Points Realty Group Ltd. dba Re/Max All Points Realty, Coquitlam, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she, while acting for R.S. (the “Assignee ”) in the assignment/purchase of property located in Coquitlam, British Columbia from SM and SHM as assignors (the “Assignors ”) she: (a) contravened section 27(4) of the Real Estate Services Act by failing to ensure that the Assignor and the Assignee entered into a written agreement detailing that the Assignee would provide the deposit and assignment fees directly to the Assignor, rather than the fees being held in trust pending completion of the contract; (b) contravened section 3-2(1)(b) of the Council Rules by failing to promptly provide her managing broker with all trade records related to the assignment, as required by sections 8-4 and 8-5 of the Council Rules; (c) contravened section 3-2(2)(a) of the Council Rules by failing to keep her managing broker informed of the real estate services she was providing, specifically by failing to keep her managing broker informed of the real estate services being provided in connection with the assignment/purchase of property located in Coquitlam, British Columbia; and (d) contravened section 7(3)(b) of the Real Estate Services Act by accepting remuneration in relation to property located in Coquitlam, British Columbia directly from the Assignor ’s realtor, which was not provided to her brokerage.
Result: Mehrzad (Mary) Fariborz Saleh was suspended for twenty-one (21) days from May 19, 2010 to June 8, 2010 (inclusive) and was ordered to successfully complete the Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Apr 29, 2010 R: Apr 29, 2015