Calgary, Alberta – On November 4, 2009, Malik Ashraf, real estate associate currently unregistered and most recently registered with Threefour Management Ltd. o/a Re/Max Landan Real Estate, applied to the Real Estate Council of Alberta (RECA) to withdraw from industry membership in accordance with section 54 of the Real Estate Act (REA).
At the time of his application, Mr. Ashraf was the subject of conduct proceedings to determine whether he:
acted honestly [s.41(a) of the REA Rules];
fulfilled his fiduciary duty [s.41(d) of the REA Rules];
disclosed to his clients any conflict of interest he may have in the course of providing services [s.41(f) of the REA Rules];
practised in strict accordance with the Act, Regulations, Rules, Bylaws and any other laws that govern trading in real estate, mortgage transactions or appraisals in Alberta [s.41(g) of the REA Rules];
cooperated fully with and provided information to any representative of the Council carrying out duties under the Act [s.41(h) of the REA Rules];
made representations or carried on conduct that was reckless or intentional and that misled or deceived any person or was likely to do so [s.42(a) of the REA Rules];
participated in fraudulent or unlawful activities in connection with the provision of services or any dealings [s.42(b) of the REA Rules];
used confidential information obtained from any person for personal gain [s.42(c) of the REA Rules];
provided to the broker in a timely manner all original documentation and copies of original documents provided to the parties [s.42(c)(i) and (ii) of the REA Rules]; and,
obeyed all lawful instructions of the seller [s.57(d) of the REA Rules].
At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions or findings of fact.
By virtue of operation of the Real Estate Act, Part Three conduct proceedings are discontinued. Mr. Ashraf’s application to withdraw was approved by RECA and results in a voluntary lifetime prohibition from industry membership.
The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for regulating professionals in the real estate, mortgage broker and real estate appraisal industries under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry members.
