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RECA brings court-ordered injunction against fake agent

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Real Estate Professional | 17 Dec 2014, 12:19 PM Agree 0
The Real Estate Council of Alberta has brought a court-ordered injunction against a man who, despite several cease-and-desist orders and more than $60,000 in unpaid fines, continues to illegally trade in real estate.
  • | 17 Dec 2014, 12:39 PM Agree 0
    Nail the b@st@rd. I've taken all my courses, have done roughly 1000 transactions without problems, I have paid all my fees over the years, and done it the right way. If you're going to do this as a business and career, do it right! If you're going to screw around and take advantage of people and risk their savings and lives, you should be in jail.
  • | 17 Dec 2014, 01:50 PM Agree 0
    This idiot belongs in jail and I hope they throw the book at him. Targeting the vulnerable and trading without a licence...really? Where does he think he has a right to do this? Real estate trading is a profession and our clients need to be able to trust us and trust that we are, in fact, licensed and trained to properly represent their best interests. This jerk has only his best interests at heart and doesn't care about anyone else.
  • | 17 Dec 2014, 05:31 PM Agree 0
    You deserve to be in Jail.
  • Robert | 17 Dec 2014, 05:50 PM Agree 0
    Absolutely needs to be penalized. But there are a lot of licensed Agents that have done worse.

    Next in line are the part-timers who don't disclose their status - something that should be law. It's a matter of information you offer versus what you do not offer.
  • Ron/DLC | 17 Dec 2014, 06:43 PM Agree 0
    I totally agree w these comments, however, I find it odd that they do not identify themselves, and so REP should not show commenters remarks w/o any identity/credibilty.
  • | 17 Dec 2014, 06:46 PM Agree 0
    This is an interesting test case for RECA that manifests its mandate, authority, and power as a licensing body. I am sure that a lot of professional, licensed realtors are watching with great interest the outcome of this investigation which is clearly a challenge to the legitimacy of RECA. Go get him RECA and throw the SOB in jail.
  • Gary | 17 Dec 2014, 08:45 PM Agree 0
    Isn't it reasonable that those rushing to judgement should first sit back and answer the following questions:
    1. Is the right to contract not basic to a mans freedom?
    2. Are any of the men/women dealing with Johnson being coerced into contracting?
    3. Does the Real Estate Council of Alberta have jurisdiction over anyone that has not contracted with their council (club)?
    4. Is Johnson or anyone else obligated to Real Estate Council of Alberta against their will? ( I suspect that some of these same outraged real estate people would not be fans of unions that force people into union membership)
    5. Is there an obligation without a contract?
    6. Is there a law without a contract?
    7. Because one man has taken all his courses and paid all his fees over the years to an organization that he has chose to contract with, does that create an obligation on the part of another man that has chose to not belong to his organization?
    8. Does belonging to the organization always protect all people from unscrupulous business practices?
  • Ken Koss | 17 Dec 2014, 08:53 PM Agree 0
    The definition of a licence is"permission to do that which is illegal, unlawful, a trespass or a tort". Here in Ontario, we Real Estate agents are not licenced. We are registered under a broker who is licenced. This case in Alberta may hinge on whether a private person can perform as a buyer or seller of real estate for third parties without a licence. Also was he claiming to be a "Realtor" which may be a trademark term. Contrary to what most of us "Realtors" think, we do not have a monopoly on the trading of real estate. Private companies do compete against us. Just because we pay lots of fees and take lots of courses to advance our professionalism does not grant us a monopoly in the business. So far, I've read emotional responses which may not be considering all the facts of the case. I shall also watch with great interest the outcome of this case.
  • RECA Communications | 18 Dec 2014, 10:27 AM Agree 0
    To clarify, the Real Estate Act of Alberta is a provincial statute. The Real Estate Council of Alberta (RECA) is responsible for regulating real estate brokerage, mortgage brokerage, real estate appraisal and property management professionals under the Act. Section 17 of the Act sets out that a person shall not trade in real estate, deal as a mortgage broker, act as a real estate appraiser, or hold himself out as such without the appropriate authorization (licence) from Council. RECA is not an optional membership organization; it is a regulatory body. If you want to trade in real estate for others or deal as a mortgage broker on behalf of another, or act as a real estate appraiser, as those terms are defined in the Act, you need a licence from Council.
  • Gary | 18 Dec 2014, 02:46 PM Agree 0
    since there is a need to clarify, let's clearly state the RECA answer to the questions from Gary Post:
    1. Is the right to contract not basic to a mans freedom? NO! because a man is automatically a "person" and therefore if that man lives in Alberta, that man is trapped within the Corporation of Alberta and subject to that entities rules.
    2. Are any of the men/women dealing with Johnson being coerced into contracting? IT DOESN'T MATTER! All people in Alberta do not have a choice. If they want to deal in their property in Alberta they must contract with a person under the Statutes of Alberta!
    3. Does the Real Estate Council of Alberta have jurisdiction over anyone that has not contracted with their council (club)? YES, OF COURSE. If a man is alive on the geographical land mass known as Alberta he/she is a "person" and he/she is obligated or contracted to obey the Real Estate Act of Alberta. THERE IS NO CHOICE
    4. Is Johnson or anyone else obligated to Real Estate Council of Alberta against their will? ( I suspect that some of these same outraged real estate people would not be fans of unions that force people into union membership) SAME AS ABOVE APPLIES
    5. Is there an obligation without a contract? APPARENTLEY YES
    6. Is there a law without a contract? APPARANTLEY YES
    7. Because one man has taken all his courses and paid all his fees over the years to an organization that he has chose to contract with, does that create an obligation on the part of another man that has chose to not belong to his organization? APPARENTLY YES
    8. Does belonging to the organization always protect all people from unscrupulous business practices? DIDN'T ANSWER THIS BUT APPARENTLEY IT MUST BE YES.

    Of course the above conclusions all hang on the fact that- if you are a man/woman alive on the land mass known as Alberta then that automatically makes you a person and as a person you are subject to the corporation known as ALBERTA.
    It is always good to clarify these things.
  • Wayne Ryan | 21 Dec 2014, 02:50 PM Agree 0
    There are many industries and professions that are regulated by government with one of those regulations being that a practitioner must be duly licenced. This usually means that they have to have a certain level of knowledge and expertise. For example, not just anyone can choose to practise medicine. Not just anyone can pratice law, legally marry someone, etc etc. Anyone is allowed to sell their OWN property. I suppose anyone would also be free to operate on themselves if they chose to! Rightly or wrongly, most provincial governments have regulated the selling of real estate (I personally believe rightly) and insist that a person selling real estate on behalf of another person must be duly licenced. That is the law. Given the huge financial aspect of real estate ( it is generally one of the main factors in an economy) and the fact that it is generally thae single largest asset most individuals will ever own, I believe it is vitally important that only licenced and qualified Realtors be allowed to sell real estate on behalf of others. The individual in Alberta has simply broken the law and should face the consequences, whatever they may be.
  • brenda marks | 21 Dec 2014, 03:26 PM Agree 0
    I have been a lic realtor for 37 years and this is a disgrace to our profession. We as agents work hard at our jobs and take the courses that we need to have to be a professional to our sellers and buyers .it is like if you go to a dr. or dentist you expect him or her to have the education that they need to help you. This certainly puts a bad name on our profession. and I am tired of people just trying to do our jobs and think they can get away with anything that they want to do and the expense of our profession and the public
  • | 21 Dec 2014, 03:29 PM Agree 0
    " a man is automatically a "person" and therefore if that man lives in Alberta, that man is trapped within the Corporation of Alberta and subject to that entities rules.". THIS IS INCORRECT.

    A man can be both a natural person as well as a legal person. He may choose to act in either capacity but not both at the same time.

    A man is a "legal person" by his own consent. If he does not consent to be governed or does not consent to act as a legal person, then he is not subject to the laws of the corporation that is the Alberta because he is not acting as their agent. He has a right to contract, as long as he is not harming or impersonating anyone. It is called free will. His only responsibility is for damages caused through his actions.

    One's ability to paint, drive or engage in a business transaction (in this case, real-estate) is God-given. The Government cannot license what that does not belong to them.
  • Annie | 21 Dec 2014, 05:47 PM Agree 0
    Well I believe the Government / Court / Police should handle all these without others have to pay and out in huge time to straighten all these. It is lucky this time we have Reca involved, a normal person will just walk away as he/she can not afford that.
  • adrian | 21 Dec 2014, 06:20 PM Agree 0
    Leave him alone... Maybe he'll become a fake Doctor instead
  • scam watch derek | 17 May 2015, 12:07 AM Agree 0
    google Derek Ryan Johnson for all the details of this scum bags dealings.

    His partners Laurel Cinnamon and Kevin Kumar plus Kevin Manji have got a real operation.

    This group plus a few others are stealing hundreds of thousands of $$

    Our Alberta Government refuses to do anything to stop them.

    Maybe the new NDP will step up to the plate?
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