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Record · Ontario real estate · RECO

Mustafa Zia: the RECO discipline decision, explained

In February 2022 the Real Estate Council of Ontario found that Mississauga real-estate registrant Mohammed Mustafa Zia breached six sections of the Code of Ethics while selling a client’s home to a company he controlled. He agreed to the facts, waived a hearing, and was fined $20,000. This site publishes the decision in full and explains it in plain language.

Decision released: 23 Feb 2022Fine: $20,000Basis: agreed statement of factsSource: RECO Discipline Committee

What happened, in one page

In March 2017 the owners of a house that had sat empty for about seven years answered a door flyer and met Mustafa Zia, then a salesperson at a brokerage the decision calls “Brokerage A”. That same evening they signed a five-month exclusive listing agreement at a price he recommended, $1,200,000. RECO found he did not adequately explain what an exclusive listing meant for them.

Five days later he brought them an offer for $1,125,000 from a corporation the decision calls “Buyer A”. Zia was that corporation’s sole director and officer, and a shareholder. He did not disclose that. The buyer’s agent worked at the same brokerage, and no consent for multiple representation had been sought. The sellers said no.

Two days after that he returned with $1,300,000, told the sellers it was a very good offer, and encouraged them to accept. They did, still without a clear explanation that the buyer was his own company. Among the papers they signed was a “Registrant’s Disclosure of Interest” form stating, in the decision’s words, that “RREA is the director of the corporation purchasing the property.” The sellers only understood the connection when their lawyer read the file. The lawyer raised concerns, and the sale was cancelled by mutual release.

RECO’s Discipline Committee concluded, on facts Zia agreed to, that this breached the Code of Ethics in three ways: pushing an exclusive listing without explaining it, failing to clearly disclose his interest in the buyer, and failing to get timely consent to represent both sides. The penalty was a $20,000 fine and a mandatory ethics course.

Record at a glanceRECO Discipline Committee · Agreed Statement of Facts and Penalty
Registrant
Mohammed Mustafa Zia (aka Mustafa Zia)
Regulator
Real Estate Council of Ontario (RECO)
Decision released
23 February 2022
Conduct at issue
March 2017 listing and sale of a vacant property in “City A”, Ontario
Findings
Breach of REBBA 2002 Code of Ethics sections 4, 5, 17, 38, 39 and 2(1) in respect of section 16
Penalty
$20,000 fine (due 30 June 2022) and RECO’s MCE Compliance and Ethics course, Parts 1 and 2 (by 15 May 2022)
How it was decided
Agreed statement of facts; hearing waived; order made by the Chair
Type of finding
Regulatory  Code of Ethics discipline. Not a criminal or civil finding.

Every sentence above is sourced to the decision. Names of the property, brokerage, buyer corporation and second salesperson are anonymised in the original and we have kept it that way.

What his own public listings say

According to his profile on remax.ca and on realtor.ca, Mustafa Zia operates from 1140 Burnhamthorpe Road West in Mississauga under the brokerage name “RE/MAX Centre Mustafa Zia Realty”, and his personal website describes him as its broker of record. His marketing highlights RE/MAX sales awards and describes work in resale, pre-construction and commercial property across the Greater Toronto Area. We have not verified any award claim; we list them because they are part of how he presents himself publicly.

Registration status changes over time. Before relying on any of this, check the live entry in RECO’s registrant search, which shows whether a person is currently registered, with which brokerage, and any conditions. Our guide explains how to read it.

What the record is not

It is a professional-conduct finding under a provincial code of ethics. It is not a criminal conviction, a civil judgment, or a finding of fraud. The section of the Code headed “Error, misrepresentation, fraud, etc.” (section 38) was among those breached, but the finding under it is that he failed to use best efforts to prevent misrepresentation or unethical practice, not that he committed fraud. Anyone describing this decision in stronger terms is going beyond it.

Equally, the fine was $20,000 against a statutory maximum of $25,000 at the time, and the facts, a registrant buying his own clients’ property through a company they did not know was his, go to the heart of what the Code exists to prevent. Readers can weigh that for themselves.

About the name

The decision is styled against “Mohammed Mustafa Zia (aka Mustafa Zia)”. His marketing uses “Mustafa Zia”. Search results also return unrelated people who share the name, including a podiatrist in Georgia, USA, and several Pakistani public figures with Zia as a surname. This site concerns only the Ontario real-estate registrant named in the RECO decision.

Why this record matters to you

You will not find this decision on the first page of a normal search for the agent’s name, and RECO’s own site does not surface old decisions well. A discipline record does not stop a registrant from working. It is public precisely so that clients can weigh it. Whether you are hiring Mustafa Zia or any other Ontario registrant, the questions this case raises are the same:

  • Does my agent, or a company they control, have any interest in the buyer or the seller?
  • Has the brokerage asked me, in writing and before any offer, to consent to representing more than one party?
  • Do I understand what I am locked into by an exclusive listing, and for how long?

We wrote a short guide for each of those: when your agent is the buyer, multiple representation, and exclusive listings. And a two-minute method to check any Ontario agent’s record before you sign anything.

Explore the record

A note on fairness.

This is a regulatory decision reached by agreement, not a court judgment. It records a specific set of events in 2017. It does not say anything about Mr. Zia’s conduct before or since, and it does not use the word “fraud” as a finding. We don’t either. If you are Mr. Zia and believe anything here is inaccurate, our corrections and right-of-reply policy applies and we will publish your response.