Appeal Decision

Published on
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Licensee
Ahmet (Matt) Kadioglu, Ahmet (Matt) Murat Kadioglu
Brokerage at Time of Sanctioned Activity
RE/MAX City Realty
Current Brokerage
RE/MAX City Realty, Vancouver
Appeal Decision Date
23 February 2017

Summary

Hearing: August 21-22, 2014

Discipline Committee Decision on Findings

Discipline Committee Decision and Order with Respect to Penalty

Financial Services Tribunal Appeal Decision

Financial Services Tribunal Decision Regarding Costs

Supreme Court of British Columbia Appeal Decision

British Columbia Court of Appeal Penalty Stay Decision

Ahmet Murat Kadioglu, while licensed with Homeland Realty and then Amex-Fraseridge Realty, was acting for a buyer in the purchase of a property. While acting for the buyer, Mr. Kadioglu changed brokerages. He prepared an offer for his client, using a Contract of Purchase and Sale which indicated that Mr. Kadioglu's former brokerage was providing agency to the buyer. After the offer was accepted, Mr. Kadioglu changed the Contract of Purchase and Sale to make it appear that the contract had been prepared on a later date by his new brokerage, and indicated that the deposit was to be made payable to his new brokerage. His actions contravened section 3-4 of the Rules, which requires licensees to act honestly and with reasonable care and skill.

Mr. Kadioglu failed to act honestly when he made the changes to the contract without the authorization or consent of his former brokerage. This contravened section 3-4 of the Rules.

Mr. Kadioglu also failed to act honestly when he turned the amended contract into his new brokerage, indicating that he wrote the contract after he became licensed with the new brokerage. This was not true, and his actions contravened section 3-4 of the Rules.

Results

In its Decision and Order with Respect to Penalty, a discipline committee of the Council ordered the following:

  1. Mr. Kadioglu's licence is suspended for 30 days, from February 21 2018 to March 22 2018, inclusive. He must not work as an unlicensed assistant during his suspension period.
  2. Mr. Kadioglu must pay enforcement expenses of $14,001.74 to the Council.
  3. At his own expense, Mr. Kadioglu must successfully complete components 1 and 3 of the Accelerated Residential Trading Services Applied Practice Course.

Mr. Kadioglu filed an appeal with the Financial Services Tribunal (FST), and then filed an appeal with BC's Supreme Court (BCSC).

In each of their decisions, the FST and BCSC dismissed the appeal on all grounds, and confirmed the Penalty Decision of the discipline committee. Subsequently, Mr. Kadioglu appealed these dismissals to the British Columbia Court of Appeal, and while that appeal is continuing, the court dismissed his application for a stay on the Council's penalty decision.

Updated January 26, 2018.