West Vancouver real estate agent loses appeal of five-year license suspension

A West Vancouver real estate agent convicted of professional misconduct for pressuring a seller to give him a bonus of $ 75,000 lost his real estate license for another four years following an appeal.

A decision by the BC Financial Services Tribunal upheld a five-year suspension against real estate agent Shahin Behroyan issued in 2020.

Behroyan said in an emailed statement that he intends to seek judicial review of the decision by the courts.

The move is the latest in a long-running drama involving the sale of a $ 2.7 million home on Kings Avenue in West Vancouver in November 2014.

Behroyan initially received a one-year suspension in 2018 after the BC Real Estate Council found him guilty of professional misconduct.

The sentence was increased to a five-year suspension after Behroyan and the Real Estate Board appealed the decision and a second disciplinary panel ruled.

The cancellation of Behroyan’s license was temporarily put on hold, after Behroyan launched another appeal. The suspension was reinstated in September 2020.

According to the details of the case exposed in the decision of a disciplinary committee of the Real Estate Board, Behroyan was found guilty of professional misconduct for defrauding his own clients by falsely telling them that the buyer’s agent would not present a full price offer for their property. unless they agreed to pay a premium of $ 100,000.

Behroyan told the sellers “this is how distressed properties were sold,” according to the ruling.

The sellers eventually paid a bonus of $ 75,000, essentially doubling Behroyan’s commission on the sale.

Behroyan “cheated his own client to obtain a substantial financial advantage for himself, at his client’s expense. In other words, he defrauded his client,” according to the ruling.

On appeal, Behroyan, through his lawyer, asked for a much lower sentence, arguing that a reprimand should suffice – or at most a one-month suspension of his license.

The real estate board disagreed, arguing that Behroyan’s willingness to “defraud a client signals a good character and suitability issue that poses a threat to the public and a threat to public confidence in the area. immovable”.

The second disciplinary panel agreed and imposed the longer five-year suspension, saying Behroyan’s actions undermine public confidence in the entire real estate industry.

In the most recent appeal, Behroyan requested that a panel of the Financial Services Tribunal overturn the sanction as “arbitrary and unreasonable” as well as “disproportionately severe”.

By increasing the sentence, the second disciplinary commission had overstepped its authority, Behroyan argued through his lawyer.

But Michael Tourigny, chairman of the Financial Services Tribunal committee, disagreed, find in his decision that the five-year suspension was justified as reasonable on the basis of Beyrohan’s misconduct.

The website for the BC Financial Services Authority, which merged with the BC Real Estate Council in August, no longer lists Behroyan as a licensed real estate agent.

Behroyan said in an email his application for judicial review to the courts would be filed later this month.

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