33-09-1262
Licence number
D4606
Broker's name
Zakikhani, Farid
Decision
NOTICE OF SUSPENSION
OF MR. FARID ZAKIKHANI’S LICENCE
File: 33-09-1262
NOTICE is hereby given that Mr. Farid Zakikhani, former real estate broker (licence no. D4606), whose establishment was located in Kirkland, has been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:
1st count: Concerning an immovable, he:
a) on or around October 2, 2005, indicated on the Multiple Listing Service a selling price of $349,000, whereas the property has been sold on July 14, 2005, for a price of $308,000;
b) allegedly on or about November 10th, 2005, had the seller, or someone else as the seller, sign a promise to purchase and an Annex A, indicating a selling price of $344,000, allegedly signed on November 9, 2005, while he knew or should have known that it did not represent the real selling price agreed by the parties;
c) allegedly on or around November 10, 2005, had the seller or someone else as the seller sign a Promise to purchase and an Annex A, while he knew or should have known that the deposit indicated on section 4.2 of the said Promise to purchase was not made;
the whole contrary to sections 1, 11 and 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: On or around April 7, 2005, concerning an immovable, he obtained the signature of only one of the two sellers on a Brokerage contract, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
3rd count: On or around June 20, 2005, concerning an immovable, he prepared or had someone prepare and obtain a real estate agent’s signature on a Promise to purchase and an Annex A, indicating a selling price of $249,000, while he knew or should have known that it did not represent the real selling price agreed upon by the parties, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
4th count: Concerning an immovable, he let two different versions of an Annex A, allegedly dated June 20, 2005, circulate, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: Between April 15, 2005, and June 30, 2005, concerning immovables, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a statement of shares dated March 15, 2005;
b) a notice of assessment for the year 2004;
c) a notice of assessment for the year 2003;
d) an investment confirmation dated November 16, 2004;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: Between February 27, 2006, and April 3, 2006, concerning an immovable, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a notice of assessment for the year 2003;
b) a notice of assessment for the year 2004;
c) a “Confirmation of Investment” dated November 18, 2005;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
7th count: On or around March 3, 2006, concerning an immovable, he modified the Multiple Listing Service in order to increase the selling price of the immovable from $399,000 to $425,000, while as of March 2, 2006, a Promise to purchase indicating a selling price of $395,000 was accepted, the whole contrary to sections 1, 11 and 13 of the Rules of Professional Ethics of the ACAIQ.
8th count: Between on or around March 2, 2006, and May 31, 2006, concerning an immovable, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a notice of assessment for the year 2003;
b) a notice of assessment for the year 2004;
c) a lease for an apartment, for the period beginning on January 1, 2006, and ending on June 31, 2007, and allegedly signed by the landlord, on December 26, 2005;
d) a lease for an apartment, for the period beginning on June 1, 2006, and ending on June 1, 2007, and allegedly signed by the landlord, on May 1, 2006;
e) a second lease for an apartment, for the period beginning on June 1, 2006, and ending on June 1, 2007, and allegedly signed by the landlord, on May 5, 2006;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
9th count: Concerning an immovable, he did not transmit without delay to the person who manages the place of business to which he is assigned the information and documents required in order to maintain records, books and registers, namely a Promise to purchase, an Annex A and an Annex B allegedly signed on March 2, 2006, the whole contrary to section 147 of the By-Laws of the ACAIQ.
10th count: Concerning an immovable, he did not:
a) prior to March 2, 2006, disclose to the buyer, without delay and in writing, his quality as real estate agent and his direct or indirect interest he intended to sell in the immovable property in the manner prescribed in section 81 of the By-Laws of the ACAIQ;
b) starting March 2, 2006, transmit to the ACAIQ as soon as possible, a copy of the said notice and every other contract that may be related thereto;
committing for every and each of the above paragraphs an offence under sections 22 and 23 of the Real estate Brokerage Act;
11th count: Between on or around March 20, 2006, and May 1, 2006, concerning an immovable, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a “Confirmation of Employment” signed on March 24, 2006;
b) a “Statement of investment” for the period beginning on October 1 and ending on December 31, 2005;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
12th count: On or around November 14, 2005, concerning an immovable, he indicated on the Multiple Listing Service a “notice of sale” for the price of $335,000, while he knew or should have known that this property had not been sold at that date, the whole contrary to sections 1, 11 and 13 of the Rules of Professional Ethics of the ACAIQ.
13th count: On or around March 2, 2006, concerning an immovable, had the seller, or someone else as the seller sign a Promise to purchase and an Annex A, indicating a deposit of $30,000 while he knew or should have known that no such deposit was made, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
14th count: Between on or around March 2, 2006, and April 4, 2006, concerning an immovable, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a statement of shares dated of January 5, 2006;
b) a “Confirmation of Employment” letter dated March 3, 2006;
c) a lease for an apartment, for the period beginning on June 1, 2003, and ending on June 1, 2007, and allegedly signed by the landlord, on May 1, 2003;
d) a lease for an apartment, for the period beginning on May 29, 2003, and ending on June 1, 2006, and allegedly signed by the landlord, on May 1, 2003;
e) a descriptive listing without monthly rental income amounts;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
15th count: Starting on or around August, 2005, concerning an immovable, he did not transmit to the ACAIQ, as soon as possible, a copy of a notice to disclose his direct or indirect interest he intended to acquire in the immovable and every other contract that may be related thereto, the whole contrary to section 23 of the Real estate Brokerage Act;
16th count: On or around November 2, 2005, concerning an immovable, he let another real estate agent indicate on the Multiple Listing Service that the seller is “maison majestueux farid”, while he was himself the owner of the immovable, the whole contrary to sections 1, 11 and 13 of the Rules of Professional Ethics of the ACAIQ.
17th count: Between on or around April 1, 2006, and May 8, 2006, concerning an immovable, he transmitted or had documents transmitted to a financial institution, while he knew or should have known that they were false, namely:
a) a “Confirmation of Employment” dated April 7, 2006;
b) a descriptive listing without the name of the real estate agent;
c) a lease for an apartment, for the period beginning on July 1, 2005, to June 30, 2007, signed on May 17, 2005;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
18th count: Concerning an immovable, he did not:
a) prior to April 1, 2006, disclose to the buyer, without delay and in writing, his quality as real estate agent and his direct or indirect interest he intended to sell in the immovable property in the manner prescribed in section 81 of the By-Laws of the ACAIQ;
b) starting April 1, 2006, transmit to the ACAIQ as soon as possible, a copy of the said notice and every other contract that may be related thereto;
committing for every and each of the above paragraphs an offence under sections 22 and 23 of the Real estate Brokerage Act;
19th count: On or around October 2, 2005, concerning an immovable, he prepared a Brokerage contract for the sale of the immovable indicating someone else, as the seller, while he knew or should have known that he was not the owner, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
On March 6, 2013, the Discipline Committee ordered a permanent suspension of Mr. Farid Zakikhani’s real estate broker’s licence (CD4606) on all the counts of the formal complaint, enforceable as of the date the decision is served on the defendant if the latter is the holder of a licence issued by the OACIQ or, if not, whenever he becomes a licence holder again.
Given that Mr. Farid Zakikhani is no longer a licence holder, his licence will be suspended permanently whenever he becomes a licence holder again.
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-73.2, r.3).
Brossard, May 13, 2013
Renée Dionne
Discipline Committee Secretary
