News Releases 2023

Calgary, Alberta –the Real Estate Council of Alberta (RECA) is warning consumers who are private lenders about recent fraudulent activity. Private lending includes the business of providing a loan to someone using real property as the loan collateral.

RECA is currently investigating instances where private entities and related businesses have presented fraudulent and/or altered documents to secure mortgages from private lenders.

In the cases under investigation, private lenders have been approached by an unlicensed third-party who then connects them to borrowers looking for a private loan. The private lender is presented with altered and/or incomplete Land Title Certificates that list the borrowers incorrectly as the property owners and no encumbrances or liens on the property title. The third-party assures the private lender their mortgage will appear in second position on title to protect them in the event the borrower defaults on the mortgage.

In fact, RECA has found that there were numerous caveats and liens on the property used for collateral and the borrower, in some cases, was not the owner, leaving the private lender in jeopardy of their loan being unsecured.

Protect Yourself

Consumers who lend private funds, with property used as collateral, are urged to use a licensed mortgage brokerage and licensee to connect them with a borrower. Licensing protects you as a consumer and as a private lender. Licensing ensures individuals have the necessary education to competently provide services to the public and are accountable to high standards of practice. Dealing in private mortgages is considered a specialized area of mortgage brokering. Not only should you use a licensed brokerage and individual, but it is also advised to request references from the licensee’s private lender clients.

All licensees must carry errors and omissions insurance, and consumers who use a licensee are further protected through the Consumer Protection Fund in case of fraud or breach of trust.

Further, RECA suggests any private lenders use their own due diligence and directly obtain any Land Title Certificates for property used as collateral themselves to ensure authenticity.

RECA urges consumers and licensees to verify the licence status of brokerages and individuals on RECA’s website by following these steps:

• go to RECA’s “Find a Licensee” search tool
• click “search by person” or “search by brokerage”
• type the full name, click “search”
• check whether the status is “active” in the far left column

If you have concerns regarding a private lending situation, please contact info@reca.ca.

Share this story: November 30, 2023 – Consumer Alert: RECA Urges Private Lenders to Complete Due Diligence

Calgary, Alberta –the Real Estate Council of Alberta (RECA) is warning consumers about the activity of Azher Haleem Chaudhary, AKA Azher Haleem (Chaudhary).

Since 2017, RECA has issued 12 separate administrative penalties totaling $300,000 to Chaudhary for trading in real estate and dealing in mortgages without a licence, operating under an unlicensed brokerage called Dreamland Homes.

On June 15, 2021, the Chairs of the Residential Real Estate Broker Industry Council and Mortgage Broker Industry Council issued an order under s.10 of the Real Estate Act, ordering Chaudhary, operating under Dreamland Homes, to cease trading in real estate and dealing in mortgages. The same year, RECA issued two consumer alerts regarding Dreamland Homes, formerly Nawab Homes.

Chaudhary has continued to trade in real estate and deal in mortgages under Dreamland Homes.

RECA recently made a submission to the Courts for an injunction to prohibit Chaudhary from trading in real estate and dealing in mortgages. On August 16, 2023, the Court of King’s Bench granted an interim order to Chaudhary. If Chaudhary continues to trade in real estate or deal in mortgages, they could now face the consequences of ignoring a provincial court order.

Chaudhary remains unauthorized to trade in real estate or deal in mortgages, and consumers are urged not to use their services.

Protect Yourself

Using licensed brokerages and individual licensees protects you as a consumer. Licensing ensures individuals have the necessary education and experience to competently provide services to the public and are accountable to high standards of practice. All licensees must also carry errors and omissions insurance, and consumers who use a licensee are further protected through the Consumer Protection Fund in case of fraud or breach of trust.

RECA urges consumers and licensees to verify the licence status of brokerages and individuals on RECA’s website by following these steps:

• go to RECA’s “Find a Licensee” search tool
• click “search by person” or “search by brokerage”
• type the full name, click “search”
• check whether the status is “active” in the far left column

If you have concerns regarding Chaudhary, Dreamland Homes, or any RECA licensees, please contact info@reca.ca.

Calgary, Alberta — on June 26, 2023, the Real Estate Council of Alberta (RECA) cancelled the licence of Bhalinder Singh Dhaliwal. Dhaliwal cannot reapply for a licence, until June 26, 2024.

Under s.43(1)(a) of the Real Estate Act, if a Hearing Panel finds the conduct of a licensee is deserving of sanction, they may make an order cancelling any licence. Should Dhaliwal choose to become licensed after 12 months have passed, Dhaliwal will be required to successfully complete all education requirements as if they had never been licensed.

Dhaliwal cannot deal in mortgages in Alberta at this time. If any consumer has transactions in progress or existing client relationships with Dhaliwal, please contact Dhaliwal’s mortgage brokerage, 4VPMGI Mortgage Solutions Inc. o/a Verico iMortgage Solutions. RECA publishes these decisions to protect consumers, ensure transparency, and educate existing RECA licensees on the standards of practice.

Dhaliwal was found by the Hearing Panel to have breached the following:

Real Estate Act Rules s.42

Licensee must not:

(b) participate in fraudulent or unlawful activities in connection with the provision of services or in any dealing

Dhaliwal was last registered as a mortgage associate with 4VPMGI Mortgage Solutions Inc. o/a Verico iMortgage Solutions.

Read the Hearing Panel Decision.

Calgary, Alberta — on May 11, 2023, the Real Estate Council of Alberta (RECA) cancelled the licence of Shane Cameron Voth. Voth cannot reapply for a licence, until May 11, 2026.

Under s.43(1)(a) of the Real Estate Act, if a Hearing Panel finds the conduct of a licensee is deserving of sanction, they may make an order cancelling any licence.
Should Voth choose to become licensed after the three years have passed, Voth will be required to successfully complete all education requirements as if they had never been licensed.

Voth cannot trade in real estate in Alberta at this time. If any consumer has transactions in progress or existing client relationships with Voth, please contact Voth’s brokerage, EXP Realty of Canada Inc. o/a EXP Realty. RECA publishes these decisions to protect consumers, ensure transparency, and educate existing RECA licensees on the standards of practice.

Voth was found by the Hearing Panel to have breached the following:

Real Estate Act Rules s.42
Licensee must not:

(b) participate in fraudulent or unlawful activities in connection with the provision of services or in any dealing

Real Estate Act s.38

(4) A person who is required under subsection (2) to answer the questions of a person conducting an investigation

(a) shall co-operate with the investigator and promptly respond to the questions
Voth was ordered to pay $15,000 in fines and $1,500 in costs.

Voth was last registered as a real estate associate with EXP Realty of Canada Inc. o/a EXP Realty.

Read the Hearing Panel Decision.

Calgary, Alberta – On June 15, 2023, the Mortgage Broker Industry Council of the Real Estate Council of Alberta (RECA) approved an application by Harsimran Kaur Saini under Section 54 of the Real Estate Act to permanently withdraw their licence, effective immediately.

At the time of their application, Saini was the subject of an investigation under the Real Estate Act. The issue under investigation was providing a fraudulent preapproval mortgage letter regarding a purchase transaction.

As per Section 54 of the Real Estate Act, RECA completed an investigation, made the Industry Council aware of the facts, and the Industry Council accepted the withdrawal.

Under the Real Estate Act, and Rules, the approved withdrawal application results in Saini’s lifetime prohibition as a licensee, effective immediately. Conduct proceedings are also discontinued as required by Section 54.

For more information, please see the approval letter issued by the Chair of the Mortgage Broker Industry Council.

Calgary, Alberta—on March 28, 2023, the Real Estate Council of Alberta (RECA) cancelled the real estate associate licence of Caren Sylvia Kelley. Kelley cannot reapply for a licence until June 28, 2023.

Under s.43(1)(a) of the Real Estate Act, if a Hearing Panel finds the conduct of a licensee is deserving of sanction, they may make an order cancelling any licence.

Kelley cannot trade in real estate in Alberta at this time. If any consumer has transactions in progress or existing client relationships with Kelley, please contact Kelley’s brokerage, Twin Oakes Real Estate 1993 Inc. o/a REMAX House of Real Estate.

Kelley was found by the Hearing Panel to have breached the following Real Estate Act Rules:

s.41 Licensees must:

(c) disclose to their clients, at the earliest practical opportunity, how they will be paid for their services

(d) fulfill their fiduciary obligations to their clients

(g) practice in strict accordance with the Real Estate Act, Regulations, Rules, Bylaws and any other laws that govern trading in real estate, mortgage transactions or property management in Alberta

s.42 (b) Licensees must not participate in fraudulent or unlawful activities in connection with the provision of services or in any dealings

s.43(3) a licensee must deliver to the client a true copy of a service agreement and of any amendment or addition, immediately upon its signature

s.57(a) the basic obligations of a licensee who is in a sole agency relationship with a seller are to use best efforts to market the property and to promote the interests of the seller

Kelley was also ordered to pay $20,000 in fines and $7,642 in costs.

Kelley was last registered as a real estate associate with Twin Oakes Real Estate 1993 Inc. o/a REMAX House of Real Estate.

See the full details of the Hearing Panel decision here.

Calgary, Alberta—On March 14, 2023, the Residential Real Estate Broker Industry Council of the Real Estate Council of Alberta (RECA) approved an application by Tejinder Singh Gill under s.54 of the Real Estate Act to permanently withdraw their licence, effective immediately.

At the time of their application, Gill was the subject of an investigation under the Real Estate Act, due to several complaints. The issues under investigation were:

• participation in Fraud in connection with services by forging client’s signatures on a purchase contract, contrary to rule 42(b) of the Real Estate Act Rules
• failure to cooperate with investigators by not fully responding to their requests, contrary to s. 38(4) of the Real Estate Act
• engaging in conduct that undermines public confidence in the industry by knowingly working with unauthorized individuals providing real estate services, contrary to rule 42(g) of the Real Estate Act Rules

The review of these matters is complete. No finding of conduct deserving of sanction or a referral to a hearing has been made by RECA’s Registrar on any of the issues under investigation.

Under the Real Estate Act, the approved withdrawal application results in Gill’s lifetime prohibition as a licensee, effective immediately. Conduct proceedings are also discontinued.

For more information, please see the approval letter issued by the Chair of the Residential Real Estate Broker Industry Council.

Share this story: March 30, 2023 – March 30, 2023 – Tejinder Singh Gill: Lifetime Withdrawal from Industry

Calgary, Alberta—On March 14, 2023, the Residential Real Estate Broker Industry Council of the Real Estate Council of Alberta (RECA) approved an application by Michael Emmanuel Franciss under s.54 of the Real Estate Act to permanently withdraw their licence, effective immediately.

At the time of their application, Francis was the subject of an investigation under the Real Estate Act, due to several complaints. A total of nine matters were under investigation. The most serious issues under investigation were:

Multiple instances of:

• failing to act competently in a transaction, contrary to s. 41(b) of the Real Estate Act Rules.
• signing a backdated Contract for Posting Without Representation with an inflated purchase price that had been prefilled by an unlicensed third party
• listing the property on an online listing database prior to having this contract signed, and did so with an inflated purchase price, despite the broker advising  the price was too high
• posting the property on an online listing database without measuring it, and relyng on measurements from an unlicensed third party
• failing to provide their broker in a timely manner all original documentation provided to the parties or maintained by other brokerages, contrary to s. 53(c) of the Real Estate Act Rules

And further instances of:

• relying on an unlicensed third party to pull title
• providing backdated FINTRAC sheet to the brokerage
• failing to provide their brokerage with the transaction record sheet or the measurements of the property
• provided the Contract for Posting Without Representation and FINTRAC sheet to the brokerage more than a month after the property was already listed
• did not inform their brokerage of this transaction yet a third party drafted forged documents from their brokerage confirming commissions.
• did not provide their brokerage with any information about the listing and transaction until the brokerage demanded it during the investigation well after the listing and sale
• inflated the purchase price on an online listing database without basis
• presented a Residential Purchase Contract to sign which was prefilled by an unlicensed third party, and falsely listed the buyer’s associate

The review of three of the nine matters is complete. No finding of conduct deserving of sanction or a referral to a hearing has been made by RECA’s Registrar on any of the issues under investigation.

Under the Real Estate Act, the approved withdrawal application results in Francis’s lifetime prohibition as a licensee, effective immediately. Conduct proceedings are also discontinued.

For more information, please see the approval letter issued by the Chair of the Residential Real Estate Broker Industry Council.

March 30, 2023 – Michael Emmanuel Francis: Lifetime Withdrawal from Industry

Calgary, Alberta—The Real Estate Council of Alberta (RECA) is warning consumers about the activity of Gagandeep Singh, a former real estate and mortgage licensee who was suspended by RECA in November 2020 pending the outcome of an investigation into allegations of acting dishonestly, misleading consumers, and participating in fraud. Singh continued to provide real estate and mortgage services despite their suspension. RECA issued six separate $25,000 administrative penalties to Singh for this activity, totaling $150,000, for unlicensed trading in real estate and dealing in mortgages between April and September 2021. RECA also issued a consumer alert about Singh’s unlicensed activity on February 18, 2022.

The proceedings against Singh have now concluded. On February 13, 2023, a RECA Hearing Panel (the Panel) cancelled Singh’s suspended real estate and mortgage licences and prohibited Singh from applying for new licences for 10 years, beginning December 1, 2020. Should Singh choose to become licensed after the 10 years have passed, Singh will be required to successfully complete all licensing education requirements before becoming eligible to apply, as if they had never been licensed previously.

The Panel found Singh participated in fraud in four separate transactions, which included creating and distributing false documents, including work permits, mortgage pre-approval letters, and employment letters. The Panel imposed a global fine of $80,000 for all conduct deserving of sanction. The Panel also ordered Singh to pay $23,465 in costs.

Should individuals in these circumstances continue to operate without a licence, the RECA Industry Councils can issue an order under s.10 of the Real Estate Act, ordering the individual to cease their activity. Should that prove unsuccessful, RECA can make submissions to the Courts for an injunction that prohibits the person from these activities.

Protect Yourself

Calgary, Alberta—January 13, 2023, the Real Estate Council of Alberta (RECA) suspended the real estate associate licence of Tejinder Singh Gill under s.53 of the Real Estate Act (the Act). Effective immediately, Gill cannot trade in real estate in Alberta. If any consumer has transactions in progress or existing client relationships with Gill, please contact Gill’s brokerage, 4 Million.ca Inc o/a Estateview.

Suspensions under s.53 (1)(a) are made when, during an investigation into alleged breaches of the Act, RECA determines it is in the public interest to temporarily suspend an individual pending the outcome of that investigation.

The suspension will continue until the current proceedings under Part 3 of the Act concerning Gill’s conduct are concluded. All RECA investigations resulting in discipline are posted on reca.ca.
Allegations against Gill include breaches of:

Real Estate Act Rules s.41

Licensee must:

(a) act honestly
(b) provide competent service

Real Estate Act Rules s.42

Licensee must not:

(a) make representations or carry-on business that is reckless or intentional and that misleads or deceives any person or is likely to do so
(b) participate in fraudulent or unlawful activities in connection with the provision of services or in any dealings
(g) engage in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute

Gill was last registered as a real estate associate with 4 Million.ca Inc o/a Estateview.

Share this story: January 13, 2023 – Tejinder Singh Gill – Real Estate Licence Suspended