33-10-1333

Licence number

D1329

Broker's name

Ali Poor, Mike

Decision

NOTICE OF LICENCE REVOCATION

File: 33-10-1333

NOTICE is hereby given that Mike Ali Poor, former real estate broker, licence No. D1329, whose establishment was located in Dollard-des-Ormeaux, has been found guilty by the OACIQ Discipline Committee of the offences summarized below:

Count 1: In April 2007, concerning an immovable, failing to inform the prospective buyers of the rights and obligations contained in the brokerage contract prior to obtaining their signature on the said contract.

Count 2b): Concerning an immovable, on or around September 5, 2008, having the buyers served, on behalf of a real estate broker, with an “Application” to the Small Claims Division of the Court of Québec requesting them to pay a certain amount of money, while he was not authorized by the real estate broker to act on its behalf.

Count 5b): On or around December 4, 2009, concerning an immovable, during an inquiry conducted by an assistant syndic, falsely representing to an investigator that the prospective buyers did not purchase the said immovable because there was a problem with the immovable itself, and not with their financing.

Count 6: Between on or around October 2007 and on or around December 20, 2007, concerning an immovable, while he was the buyer of the said immovable, participating in a scheme in order to hide the real selling price agreed to by the parties, namely by permitting and/or requesting that the selling price indicated on the deed of sale be a certain sum of money.

Count 7: Concerning an immovable:

a) on or around February 22, 2008, sending and/or having someone send a formal demand letter requesting from the sellers the payment of a certain amount of money;
b) on or around September 5, 2008, serving the sellers with a “Motion to institute proceedings” from the Superior Court requesting the payment of the said amount of money;

whereas he knew or should have known that the said amount represented a portion of the selling price.

Count 8c): On or around November 13, 2009, concerning an immovable, during an inquiry conducted by an assistant syndic, falsely representing to the investigator that the real selling price agreed to by the parties was a certain sum of money and that the amount given to the sellers was a security deposit.

Count 9: After November 13, 2009, concerning an immovable, during an inquiry conducted by an assistant syndic, omitting, refusing and/or neglecting to carry out his commitment to forward to the assistant syndic certain documents and the information pertaining to the identity of a specific person.

Count 10: Between on or around April 13 and on or around April 16, 2007, concerning an immovable, obtained as compensation, directly from the prospective buyers, the sum of $6,000.00.

Count 11: Concerning an immovable, on 3 occasions, between on or around May 18, 2007 and on or around May 24, 2007, misappropriating from the prospective buyers the sums of $8,500, $1,400 and a portion of $29,600.

Count 12: On or around March 26, 2010, concerning an immovable, during an inquiry conducted by an assistant syndic, falsely representing that:

a) he did not ask the prospective buyers for compensation for securing mortgage financing for them;
c) he received a certain sum of money from the prospective buyers in repayment of a loan he personally granted them.

Count 13: On or around October 15, 2007, concerning the purchase of an enterprise by the prospective buyers, while he was representing the real estate broker for the sale of the said enterprise, also representing the said prospective buyers on a promise to purchase, and acting as lender for the financing.

Count 16: On or around April 30, 2008, concerning the purchase of an immovable by the prospective buyers, while he was representing the real estate broker for the sale of the said immovable, he also represented the said prospective buyers on two promises to purchase, and having his wife act as lender for the financing.

Count 17: On or around November 25, 2007 and on or around February 14, 2008, concerning an immovable, indicating or allowing someone to indicate a selling price on two promises to purchase, whereas he knew or should have known that this selling price did not represent the real selling price that the prospective buyers had agreed to pay.

Count 18: On or around March 26, 2010, concerning an immovable, during an inquiry conducted by an assistant syndic, falsely representing that:

a) “(…) I think that it (the approval summary from a mortgage company) was provided to us by the purchaser”;
b) he was not aware that the prospective buyers had to borrow the down payment to purchase this immovable.

On May 30, 2017, the Quebec Court confirmed the decision rendered by the Dsicipline Committee on November 25, 2015, which ordered the revocation of Mike Ali Poor's licence No.  D1329, including the prohibition to request the issuance of a new licence or the reinstatement of licence D1329, effective as of November 28, 2015.

This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).

Brossard, June 5, 2017

Renée Dionne
Discipline Committee Secretary