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Disciplinary Hearing
- Licensee
- Shahin Behroyan, Shahin Behroyan
- Brokerage at Time of Sanctioned Activity
- RE/MAX Masters Realty
- Current Brokerage
- RE/MAX Masters Realty, Vancouver
- Disciplinary Hearing Date
- 9 April 2018
Summary
Following a liability hearing held September 13 -15, 2017, the Council's discipline committee found that Mr. Behroyan had caused a client to pay him a $75,000 bonus by falsely stating that the agent of prospective buyers of his property would not present a full price offer for sale unless he first agreed to pay a bonus.
The committee also found that Mr. Behroyan failed to disclose to his client that he had acted for the buyers in the recent sale of their home, failed to disclose that the buyer's agent had agreed to split her commission with him, and failed to adequately advise his client to obtain independent legal advice.
The committee concluded that Mr. Behroyan had committed professional misconduct that included deceptive dealing, breach of his duty to act honestly, failure to act in his client's best interest and/or avoid conflicts of interest, and failure to advise his client to obtain independent legal advice.
Results
In its Decision and Order with Respect to Penalty, a discipline committee of the Council ordered the following:
- Mr. Behroyan's licence is suspended for one year, effective June 1, 2018.
- Mr. Behroyan must pay a discipline penalty of $7,500.00 to the Council.
- Mr. Behroyan must pay enforcement expenses of $58,708.85 to the Council.
- At his own expense, Mr. Behroyan must successfully complete an ethics course prescribed by the Council.
Mr. Behroyan filed an appeal with the Financial Services Tribunal (FST), regarding liability and penalty. The penalty decision was also appealed by the Superintendent of Real Estate.
Mr. Behroyan's penalty was stayed pending the decisions of the FST.