Discipline Decision – Al Sinclair, RE/MAX Hallmark Realty Ltd.

October 30, 2020

Allister J. Sinclair O/A Al Sinclair

of the Al Sinclair Team – RE/MAX Hallmark Realty Ltd. 

2277 Queen St E Toronto, ON M4E 1G5

Has been fined by RECO in the amount of $15,000 and been ordered to attend a course offered by “REIC: The Complaint Trade (Residential)”

FINDINGS: In violation of Sections 3, 4, 5, 17, 25, 26 and 39 and of the REBBA 2002 Code of Ethics.

ORDER: Fine of $15,000.00 payable to RECO on or before July 15, 2021. Successful completion of REIC’s “The Complaint Trade (Residential) Course” and provide RECO with confirmation of successful completion on or before July 15, 2021.


SUMMARY OF AGREEMENTS

It is agreed that Sinclair failed to comply with the Code of Ethics as follows:

16. Sinclair failed to inform all the competing buyers that he represented the Sellers and the Tenants contrary to sections 3, 4, 5, 17 and 39 of the Code of Ethics.

17. Sinclair failed to inform all the competing buyers that he entered into an agreement with the Sellers on April 23, 2017, to reduce his commission from 4.5% to 4.0% if the transaction was double ended, contrary to sections 3, 4, 5, and 25 of the Code of Ethics.

18. Sinclair failed to inform all the competing buyers that he agreed to further reduce his commission from 4.0% to 4% minus $25,000.00 plus HST so that the Sellers would accept the offer he presented on behalf of the Tenants, contrary to sections 3, 4, 5, and 25 of the Code of Ethics.

19. Sinclair failed to inform all the buyers of the number of competing offers made toward the purchase of the Property contrary to section 3, 4, 5, 26 and 39 of the Code of Ethics

It is agreed that Sinclair failed to comply with the following sections of the Code of Ethics:

Fairness, honesty, etc.
3. A registrant shall treat every person the registrant deals with, in the course of a trade in real estate fairly, honestly and with integrity.

Best interests
4. A registrant shall promote and protect the best interests of the registrant’s client.

Conscientious and competent service, etc.
5. A registrant shall provide conscientious service to the registrant’s clients and customers and shall demonstrate reasonable knowledge, skill, judgement and competence in providing those services.

Nature of relationships
17. If a registrant represents or provides services to more than one buyer or seller in respect of the same trade in real estate, the registrant shall, in writing, at the earliest practicable opportunity and before any offer is made, inform all buyers and sellers involved in that trade of the nature of the registrant’s relationship to each buyer and seller.

Agreements relating to commission
25. (1) If a brokerage has a seller as a client and an agreement between the brokerage and the seller contains terms that relate to a commission or other remuneration and that may affect whether an offer to buy is accepted, the brokerage shall disclose the existence of and the details of those terms to any person who makes a written offer to buy, at the
earliest practicable opportunity and before any offer is accepted.

(2) Subsection (1) applies, with necessary modifications, to a brokerage that has a seller as a customer, if the brokerage and the seller have an agreement that provides for the brokerage to receive written offers to buy.

Competing offers
26. (1) If a brokerage that has a seller as a client receives a competing written offer, the brokerage shall disclose the number of competing written offers to every person who is making one of the competing offers, but shall not disclose the substance of the competing offers.

(2) Subsection (1) applies, with necessary modifications, to a brokerage that has a seller as a customer, if the brokerage and the seller have an agreement that provides for the brokerage to receive written offers to buy.

Unprofessional conduct, etc.
39. A registrant shall not, in the course of trading in real estate, engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming a registrant.

Copy of Discipline Decision

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