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THE REAL ESTATE BROKERS ACT
Sections 11(1)
and 39.1(2) |
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Order No. 2798
January 19, 2021 |
JOSE ANTONIO PEREIRA
WHEREAS:
(A) A hearing was held by The Manitoba Securities Commission (“Commission”) on December 16, 2020, pursuant to a Notice of Hearing dated July 8, 2020, and Statement of Allegations of Staff dated July 8, 2020, to consider;
(1) whether or not it is in the public interest to order, pursuant to subsection 11(1) of The Real Estate Brokers Act (“REBA”), that the registration of Jose Antonio Pereira (“Pereira”) under REBA be suspended or cancelled;
(2) whether the Manitoba Real Estate Association Inc. (“MREA”) should be ordered to pay to K.A. and F.T. any amount out of the Real Estate Reimbursement Fund (“Fund”) under clause 39.1(2)(a) of REBA pertaining to the actions of Pereira in connection with a trade or transaction in real;
(3) whether or not it is in the public interest that Pereira be required to pay costs of and incidental to the hearing;
(4) such further and other orders as the Commission may deem appropriate.
(B) After reading the Notice of Hearing and Statement of Allegations of Staff, and upon hearing the evidence and submissions of staff and Pereira, MREA not appearing although duly served, the Commission issued Reasons for Decision with respect to the Hearing held December 16, 2020;
(C) The Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT pursuant to subsection 39.1(2) of REBA that MREA pay the sum of $1,500.00 to each of K.A. and F.T. from the Real Estate Reimbursement Fund.
2. THAT Pereira pay costs in the sum of $7,400.00 on or before February 15th, 2021.
3. THAT Pereira be permanently barred from applying for registration in any capacity under the provisions of The Real Estate Brokers Act or successor legislation.
BY ORDER OF THE COMMISSION
Director