falsely taking a property off the market

Transcription

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Volume 5 | Number 1 March 2006
THE PUBLICATION FOR QUÉBEC REAL ESTATE BROKERAGE PROFESSIONALS
PROFESSIONAL PRACTICES SERIES
PROFESSIONAL INSPECTION
The new online
The agent’s duty to respond
Verifying right of
ownership restrictions
to the various ACAIQ departments
Page 6
“Annual Declaration”
Page 12
Page 8
Real estate fraud:
falsely taking a property off the market
In March 2001, the ACAIQ’s published an article entitled “Saying NO to real estate fraud” with a
box story entitled “Taking an immovable off the market: A real problem ». The Association must
unfortunately reiterate these warnings, since it seems that falsely taking a property off the
market remains a current topic.
B
ack in 2000 and 2001, some 20 real
estate agents were the subject of disciplinary complaints for accepting to
sign and having a seller sign an amendment to a
brokerage contract in order to take an immovable
off the market. Such an amendment originates
from a request from the buyer, once a promise to
purchase by this buyer has been duly accepted
by the seller of the immovable. The purpose of
this practice is to remove the detailed description
sheet and the information it contains from the
Multiple Listing Service. When a real estate agent
hesitates to go along with this unusual request,
the buyer hints that he will not follow through on
his obligations and the sale will not take place if
the immovable is not taken off the market.
These buyers are interested in multi-dwelling
immovables, mainly duplexes in poor condition whose selling price is below the municipal
evaluation or the market value for comparable
properties in the same sector. For the signing
Therefore, it is against the rules of profesof the act of sale, the buyer, who signed the
sional ethics and illegal to take a property off the
promise to purchase, is replaced by someone else.
market when a promise to purchase has occurred
Concomitantly, a second transaction, at a much
between a seller and a buyer. It means the agent
higher price, is carried out between this buyer and
is having a seller make a false declaration using
a third party. The transaction carries a mortgage
an ACAIQ form,
condition
The only instance where a property can be
making the detailed
which, in
taken off the market is upon request from a
description sheets
accordance
disappear or failing
with the rules seller who no longer wishes to sell.
to send the notices of
of financing,
sale to the MLS service for obscure or dishonest
must be an insured loan. With the listing removed
motives on the buyer’s part.
from the MLS service, the financial institution and
Furthermore, a real estate agent who claims
the mortgage insurer cannot verify the original
to be unaware that the purpose of this practice
asking price and are not otherwise informed of it.
is to mask a fraudulent or dishonest operation
The ACAIQ has reason to believe that such
is wilfully turning a blind eye and could be the
requests to take a property off the market midsubject of a disciplinary complaint, which can lead
transaction or to withdraw it from the MLS service
to criminal charges. The ACAIQ recommends the
continue to be made to real estate agents by
utmost caution and encourages real estate agents
promising buyers. Agents must not go along with
to unite against real estate fraud. This will help
such requests. The only instance where a property
protect not only their own reputations, but also
can be taken off the market is upon request from
those of their clients and of the profession. u
a seller who no longer wishes to sell.
Publisher
Association des courtiers et agents immobiliers du Québec
Members of the Board of Directors
Elected Chairman
Serge Brousseau
Elected Directors
Robert AubinDavid Farber
Diane Bourbonnière Georges Halasz
Robert Chabot Daniel Pelchat
Raymond Desbiens Johanne Roy
Directors appointed by the Government
Louise Clément
Jean Mathieu
President and Chief Executive Officer
Robert Nadeau
Secretary appointed by the Board
Claude Barsalou
Four recommended
forms amended
T
he ACAIQ forms Committee has
revised four recommended forms.
These will be available shortly in electronic and print versions and will be accompanied by an explanatory sheet about
the changes made to the various clauses.
These forms are:
• Exclusive Brokerage Contract – Sale of
an immovable (110AN)
• Exclusive Brokerage Contract – Sale
of enterprise excluding any immovable
(130AN)
• Promise to purchase – Immovable
(225AN)
• Promise to purchase – Enterprise
excluding any immovable (230AN)
PRINTED ON RECYCLABLE PAPER
Publications Mail • Agreement No. : 40065526
6300 Auteuil, suite 300, Brossard (Québec) J4Z 3P2
Telephone: (450) 676-4800 or 1 800 440-5110 • fax: (450) 676-7801
info@acaiq.com • www.acaiq.com
LEGAL DEPOSIT:
BIBLIOTHÈQUE et archives NATIONALEs DU QUÉBEC, LIBRARY AND ARCHIVES CANADA • ISSN 1703-9800
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FORTIFIEZ VOS CONNAISSANCES
DU
24 AU 26 AVRIL 2006
Horaire
ANIMATEUR : Jacques Moisan
LUNDI 24 AVRIL
15h
19h
17h
19h
MARDI 25 AVRIL (suite)
INSCRIPTION (Salle Verchères)
SOUPER DU PRÉSIDENT (Salle de bal)
COCKTAIL VINS ET FROMAGES
• Remise du Prix du courtage immobilier 2006
• Spécial-bloopers avec le comédien Pierre Gendron
(Salle Jacques-Cartier)
MARDI 25 AVRIL
7h30 8h30
8h
8h30
MARCHE SPORTIVE (Rencontre face à l’entrée du bistro)
OUVERTURE SALON DES EXPOSANTS
• Spectacle de Nathalie Choquette
• Soirée dansante avec orchestre
(Salle Verchères et Salle Frontenac)
MOT DE BIENVENUE (Salle de bal)
9h30 9h45
Allocution de M. Serge Brousseau
Président du conseil d’administration de l’ACAIQ
ACTIVITÉ 1
Passion et détermination (Salle de bal)
9h45 11h15
Chantal Petitclerc
Athlète paralympique
11h15 12h
PÉRIODE LIBRE
12h
LUNCH / ACTIVITÉ 2 • Histoire du Château
racontée par le Cheminot (Salle de bal)
14h
ACTIVITÉ 3
• Jurisprudence récente (Salle Laval)
14h
18h30 22h
INSCRIPTION (Salle Verchères)
Me Claudie Tremblay, vice-présidente
Affaires juridiques, ACAIQ
• Les certificats de localisation (Salle Bellevue)
Marc Gervais, arpenteur-géomètre, Ph D.
Professeur au département des sciences
géomatiques, Université Laval
• Perspectives économiques (Salle Jacques-Cartier)
Maurice Marchon, économiste, HEC
15h15
15h15 15h45
PAUSE-SANTÉ (Salle Frontenac et Salle Verchères)
ACTIVITÉ 4
• Jurisprudence récente (Salle Laval)
Me Claudie Tremblay, vice-présidente
Affaires juridiques, ACAIQ
• Les certificats de localisation (Salle Bellevue)
Marc Gervais, arpenteur-géomètre, Ph D.
Professeur au département des sciences
géomatiques, Université Laval
• Perspectives économiques (Salle Jacques-Cartier)
Maurice Marchon, économiste, HEC
15h45 17h
17h15 18h30
COCKTAIL (Salle Verchères et Salle Frontenac)
MERCREDI 26 AVRIL
7h30 8h30
MARCHE SPORTIVE (Rencontre face à l’entrée du bistro)
9h15 10h30
ASSEMBLÉE GÉNÉRALE ANNUELLE
DES MEMBRES (Salle de bal)
10h30 11h
PAUSE-SANTÉ (Salle Frontenac et Salle Verchères)
11h
11h45
ACTIVITÉ 5 • Les 4 piliers de la réussite
en immobilier (Salle de bal)
François Gagnon, conférencier
REMISES DE MENTIONS HONORIFIQUES
11h45
(Salle de bal)
Aussi tirage de prix de présence
Les à-côtés
MARDI 25 AVRIL
9 h
12h
Formation sur les formulaires électroniques
de courtage immobilier (Salle Petit-Frontenac)
11h15
12h
Sessions d’information • Solutions sans fil
Bell Mobilité (Salle Bellevue)
MERCREDI 26 AVRIL
9 h
10h30
Formation sur les formulaires électroniques
de courtage immobilier (Salle Bellevue)
10h30
11h15
Sessions d’information • Solutions sans fil
Bell Mobilité (Salle Bellevue)
Autres activités
Divertissement et relaxation sont aussi au rendez-vous :
Club de santé Frontenac
(gratuit pour les clients de l’hôtel)
Salon de massothérapie et de
traitements corporels *
(piscine intérieure, bain tourbillon et salle
de conditionnement physique)
* Ces activités sont payantes
Serge Brousseau
Pierre Gendron
Me Claudie Tremblay
Maurice Marchon
Marc Gervais
François Gagnon
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14 AVRIL 2006.
Illegal practice: an offender and his company convicted for contempt
Court issues
deterring decision
O
It is important to note that since 2000, the
n December 6, 2005, the Superior
ACAIQ had initiated several penal proceedings
Court of Quebec issued a contempt
against this offender, each time ordering increasorder against a repeat offender by imingly stiff penalties. The offender was convicted
posing an unprecedented penalty for illegally practicing the activity of real estate broker and agent. a total of five times between 2000 and 2003,
charged with leading
The Court based its
Since 2000, the ACAIQ had initiat- others to believe that he
decision and sentence
in part on the primary
ed several penal proceedings against was authorized to practice the activity of real
objective of the Real
this offender, each time ordering
estate broker or agent by
Estate Brokerage Act,
publishing, among other
which is the protection increasingly stiff penalties.
things, classified ads in
of the public.
certain newspapers offering his real estate assistIn his judgment, given the offender’s heavy
ance services, as well as acting as an intermediary
past and a joint recommendation by the attorneys
in the leasing of immovables.
for both sides, the court ordered the defendant
On November 13, 2003, as part of an action
to pay a $10,000 fine within 45 days following
instituted by the ACAIQ, the Superior Court of
pronouncement of the judgment. In addition, in
Quebec ordered a permanent injunction against
case of non-payment of the fine, the judge senthe offender, under section 162 of the Real Estate
tenced the offender to one month’s imprisonment.
Brokerage Act. The offender was thus ordered to
A $10,000 fine was also assessed against the
company for which the offender was acting.
March 2006 | INFO ACAIQ z
cease any and all activities as real estate broker or agent and to stop posing as or leading others
to believe that he is authorized to practice the activity of real estate broker or agent.
In spite of all these legal proceedings and
convictions, the offender continued to carry out
illegal activities. Faced with this situation, the
ACAIQ, through the Attorney-General of Quebec,
requested and obtained from the Superior Court
of Quebec a contempt conviction for not abiding
by the permanent injunction order. u
Highlights of the Annual Report
For the year ended December 31, 2005
A SSOCI A TION DES COURTIERS ET A GENTS IMMOBILIERS DU Q UÉBEC
Certificates/Entrance Examinations
This year, the Association set another record in terms of certificate renewals. As of December 31,
2005, the ACAIQ membership had reached almost 16,000, including 14,482 members who renewed their certificate for the year 2006. Never in all of history have this many people practiced
real estate brokerage in Québec.
In addition, the number of entrance examinations was 2,940 for the affiliated agent’s certificate
and 182 for the chartered broker’s or agent’s certificate. The success rates were 86.6% and 79.7%
respectively.
Info ACAIQ
The Info ACAIQ telephone information centre received slightly more calls than the previous year,
i.e. 29,108 versus 28,174 in 2004. The use of the service and the nature of the requests for information remained relatively stable. The great majority of requests (78%) were directly related to
the practice of real estate brokerage. Some 44% of all calls received originated from the public,
and documents were sent in 59% of cases.
Assistance ACAIQ
In 2005, Assistance ACAIQ, in cooperation with the Office of the Syndic, developed strategies to
eliminate the scourge of marijuana growhouses. The Association has put in place original intervention methods that have borne fruit.
The Assistance Service received 1,839 cases in 2005 compared to 1,488 the year before, for a
sizeable 24% increase. In total, 1,579 files were closed, 203 were transferred to the Office of
the Syndic and 80 were referred to Legal Affairs as they related to illegal practice issues. Average
processing time per file was 28 days.
Continuing education
A total of 312 continuing education activities were held in 2005 with a record number of registrants, i.e. 10,244. This represents a 15% increase in the participation rate over 2004. Of these
activities, 43 were held throughout the province on the use of electronic forms. This reflects a
marked interest for and increasing use of this tool.
acaiq.com
The acaiq.com website experienced very heavy traffic in 2005. Tens of thousands of pages were
accessed and viewed. In addition, many documents were downloaded from the site. The most
popular were the Buyer Practical Guide and the Seller Practical Guide.
In 2005 as in 2004, electronic forms accessible via Synbad, the extranet site for the exclusive use
of ACAIQ members, were free and will remain so in 2006. Some 3,800 members are currently using this service. A new ACAIQ E-mail online service was added. It allows brokers and agents to
create their own e-mail address using the Association’s domain name to indicate their affiliation
with the Association.
Professional inspection
In 2005, ACAIQ inspectors focused their visits on chartered real estate brokers who had last been
inspected in 2001 or prior. In total, inspectors visited 540 brokers and examined brokerage contract and transaction records completed by 1,653 agents. As of December 31, 2005, 429 brokers
held a trust account, i.e. 7 less than in 2004.
Assignment of debt
from a broker to his agent
A
real estate broker is the only person
who can receive compensation under
a brokerage contract. When a client
refuses to pay the commission agreed to in the
brokerage contract, only the broker is authorized
to initiate civil proceedings against this client. As
for the agent who carried out the transaction, he
may only claim his compensation from his broker,
and not from the client.
If an agent attempts to collect compensation
directly from a client, he is substituting himself for
his broker. Courts have rejected such claims in the
past, citing the principle by which a real estate
agent can never act on his own behalf, but only on
behalf of his broker. Also, by acting this way, the
agent is violating the By-Law of the ACAIQ, which
stipulates that a real estate agent may not receive,
whether directly or indirectly, compensation from
anyone other than his broker.
broker goes against the Real Estate Brokerage
It has happened in the past that an agent, Act, which public policy statute gives the broker
in order to settle an impasse regarding non- sole right to any commission due pursuant to a
payment of compensation, got his broker to sign real estate transaction”. The judge thus rejected
a document by which the broker assigned the the agent’s claim and the agent was ordered to
debt to the agent,
pay court costs.
When a client refuses to pay the commission
allowing him to
In addition,
sue the client him- agreed to in the brokerage contract, only the is it important to
self. However, this
know that a broker
broker is authorized to initiate civil proceed- who assigns a
solution is to be
avoided. Not only ings against this client.
debt to his agent
would the agent
is putting his own
suing a client in this manner be violating section
professional and civil liability on the line. The
72 of the By-Law of the ACAIQ – thus committing
client could turn against him, for instance if the
an ethics violation –, but he also risks losing more
agent were to commit abuses in exercising his
than he would gain, as happened recently when
remedies. Debt assignment carries a potential risk
such a case was heard in Small Claims Court.
that should not be overlooked by brokers. u
In this case, where the broker has assigned
the debt to his agent in writing, the judge ruled
that “The assignment granted to the agent by the
Notice of meeting • 2006 Annual General Meeting
The Professional Inspection Department also verifies the notices of disclosure sent to the ACAIQ.
In 2005, we verified 1,996 notices, a more than 30% increase over 2004. Of this number, 47 were
referred to the Assistance Service for further review. Some 66 brokers took part in the start-up
sessions offered by the ACAIQ.
Office of the Syndic
The Office of the Syndic opened 271 investigation files in 2005 compared to 235 the year before.
A total of 243 cases were settled this year. As of December 31, the number of cases under investigation totalled 277, compared to 249 at the same date in 2004.
Following the Seminar on marijuana grow operations organized by the ACAIQ in the fall of 2005,
the Office of the Syndic held conferences throughout Québec to educate members about this problem and provide information on current preventive methods.
Illegal practice
In the area of illegal practice, 109 new cases were opened in 2005, adding to the 77 already under study, for a total of 186. A total of 111 cases were closed during the year. Therefore, 75 active
cases remained at the end of the period.
Discipline
This year, 118 complaints were filed before the Discipline Committee, all of them by the Office of
the Syndic. The Committee held 85 hearings on guilt and 75 on penalties. Adjournments were
granted 51 times.
At the end of the year, the Committee had rendered 53 decisions on guilt, 35 on penalties and 37
on guilt and penalties, following a guilty plea, and 6 non-guilty decisions. It issued 7 reprimands
and 43 fines totaling $89,800.
Financial results
The ACAIQ ended its fiscal year 2005 with an excess of revenues over expenses of $323,583. Revenues totalled $10,724,685 compared with $9,432,705 the previous year, and expenses went up
to $10,401,102 from $8,197,889 in 2004. With an unallocated surplus of $1,327,627, the Association is in good financial health.
Complete Annual Report
Please note that the complete text of the 2005 Annual Report of the Association des courtiers et
agents immobiliers du Québec is available on the ACAIQ home page at www.acaiq.com.
z
March 2006 | INFO ACAIQ A SSOCI A TION DES COURTIERS ET A GENTS IMMOBILIERS DU Q UÉBEC
TO ALL MEMBERS ENTITLED TO VOTE OF THE ASSOCIATION DES COURTIERS
ET AGENTS IMMOBILIERS DU QUÉBEC
WEDNESDAY, APRIL 26, 2006, AT 9:15 A.M., FAIRMONT LE CHÂTEAU FRONTENAC HOTEL, BALLROOM 1, RUE DES CARRIÈRES, QUÉBEC • REGISTRATION: SALLE VERCHÈRES
Agenda
1.
Opening of meeting and declaration of quorum
2.
Adoption of the minutes
2.1 Extraordinary General Meeting held on April 27, 2005
2.2 Annual General Meeting held on April 27, 2005
3.
Matters pertaining to the last minutes
4.
Deposit of the following Annual Reports:
4.1 Report from the Chairman of the Board of Directors
4.2 Report from the President and Chief Executive Officer
4.3 Report from the Syndic
4.4 Report from the Chairman of the Professional Inspection Committee
4.5 Report from the Chairman of the Discipline Committee
4.6 Report from the Treasurer of the Board of Directors
4.7 Report from the Auditors, Harel Drouin – PKF
5.
Appointment of auditors for 2006 fiscal year
6.
Questions and comments
7.
Closing of Meeting
Claude Barsalou, lawyer
Secretary
NOTE: Under section 2.5.2 of the Rules of Internal Management of the ACAIQ, every member is obliged to
prove, when he arrives at the meeting, that he is a member of the Association. The member must present his
certificate, failing which he may be refused access to the meeting. If the member does not have his certificate
with him, the Association will accept the following identifications papers at registration, i.e. driving licence or
health insurance card.
Notice of provisional suspension of certificate
To each
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
their own acaiq.com address
File: 33-05-0899
Notice of suspension of certificate
B
y mid-February, several real estate
brokers and agents had already taken
advantage of the “ACAIQ E-mail” offer.
With this new service, each member can activate
their own email address identifying them as members of the Association.
To do so, simply access the Synbad extranet,
select “ACAIQ E-mail” in the menu at the left of
the screen, then one of the three personalized addresses suggested. The first part of the addresses
is inspired from the name of the account holder,
File: 33-05-0844
followed by the domain name. You can also have
all emails received at this new address automatically transferred to another address of your choice.
To take full advantage of the functionalities of this email service, the Association has prepared a User’s Guide that may be downloaded from the page that displays once you have entered your access code and password to access Synbad. u
NOTICE is hereby given that Mr. Martin
Cardinal, affiliated real estate agent (Certificate
No. B9637), employed by or authorized to act on
behalf of Re/Max Défi (1996), chartered real estate broker (Certificate No. C3787), whose establishment is located at 121 Alexandre St., Suite 21
in Salaberry-de-Valleyfield, has been found guilty
by the Discipline Committee of the Association des
courtiers et agents immobiliers du Québec of the offences summarized below:
1st count: Between April 27 and 30, 2003, with respect to an immovable, failing to provide fair treatment to the prospective buyers, namely by:
a) failing to inform in a timely fashion their real estate agent of the existence of a promise to purchase whereas it had been agreed that their
promise to purchase would be presented to the
seller on April 28, 2003;
Mobile Solutions
for the ACAIQ Members
b) reducing his compensation provided for in a brokerage contract concomitantly with the signing
of a counter-proposal to a promise to purchase
from the buyers whom the respondent represented, then concomitantly with the acceptance of a
counter-proposal from the same buyers, whereas
the prospective buyers had presented a promise
to purchase;
the whole contrary to section 24 of the Rules of Professional Ethics of the ACAIQ.
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2nd count: Between April 27 and 30, 2003, with respect to an immovable, abusing the good faith of a
real estate agent, using unfair practices against him,
namely by:
NOTICE is hereby given that Mr. Sylvain Krief, affiliated real estate agent (B0825), employed by or authorized to act on behalf of S.O.G.I.P., chartered real
estate broker (D2982), whose establishment is located at 256 Saint-Louis St. in Lemoyne, has been the
subject of a complaint before the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, for the offences summarized below:
1st count: Between December 2001 and July 2002,
regarding the signing of forms, committing acts that
are derogatory to the honour and dignity of the profession, participating in acts or in a practice in real estate matters which may be illegal or which may cause
prejudice to the public or to the profession, and failing to see to it, in order to ensure the protection of
the parties to a transaction referred to in section 1
of the Act, that the brokerage contracts, promises to
purchase and counter-proposals reflect their intentions accurately, notably by failing to indicate that the
sellers designated on these forms were not the owners and by leaving no indication to this effect in the
detailed description sheets related to brokerage contracts;
2nd count: Committing acts that are derogatory to
the honour and dignity of the profession, participating in acts or in a practice in real estate matters which
may be illegal or which may cause prejudice to the
public or to the profession, advising and encouraging
a party to a transaction to commit an act that the defendant knew was illegal or fraudulent, notably during events which occurred between December 2001
and August 2002, aimed at obtaining a loan on the
basis of false documents, which loan was solicited at
the time of the projected resale of an immovable at a
price largely superior to the price paid at the time of
its recent, if not contemporary, acquisition;
3rd count: Committing acts that are derogatory to
the honour and dignity of the profession, participating in acts or in a practice in real estate matters
which may be illegal or which may cause prejudice to
the public or to the profession, advising and encouraging a party to a transaction to commit an act that
the defendant knew was illegal or fraudulent, notably during events which occurred between December
2001 and August 2002, aimed at obtaining a loan on
the basis of false documents;
the whole contrary to sections 1, 13 and 29 of the
Rules of Professional Ethics of the ACAIQ.
a) failing to inform him in a timely fashion of the
existence of a promise to purchase, whereas it
had been agreed that he would present a promise to purchase signed by the prospective buyers
around 6:30 p.m. on April 28, 2003;
4th count: Between December 2001 and April 2002,
failing to send to the person who managed the establishment to which he was assigned certain documents such as promises to purchase and counter- proposals related to such promises to purchase;
b) reducing his compensation provided for in a brokerage contract concomitantly with the signing
of a counter-proposal to a promise to purchase
from the buyers whom the respondent represented, then concomitantly with the acceptance of a
counter-proposal from the same buyers, whereas
the prospective buyers had presented a promise
to purchase;
the whole contrary to section 147 of the By-Law of
the ACAIQ.
5th count: During the month of November 2005, hindering the work of the assistant syndic, failing to collaborate during the inquiry conducted by him, namely
by setting conditions prior to his participation in this
inquiry by the assistant syndic;
the whole contrary to sections 117 and 127 of the
Real Estate Brokerage Act and to section 54 of the
On December 19, 2005, the Discipline Committee
ordered the suspension of Mr. Martin Cardinal’s
certificate for a period of 30 days on these counts of
the complaint. By order of the Discipline Committee,
this decision becomes enforceable from the moment
of its pronouncement. The suspension of Mr. Martin Cardinal’s affiliated real estate agent certificate is therefore effective as of December 19, 2005
for a period of 30 days.
On December 19, 2005, the Discipline Committee
ordered the provisional suspension of the certificate
of Mr. Sylvain Krief until the final decision of the
Discipline Committee is rendered, either rejecting the
complaint filed against him or ordering a penalty; unless such a penalty is a suspension or cancellation of
his certificate, in which case the provisional suspension order shall remain in force until the said final decision becomes enforceable.
This notice is given in accordance with section 137
of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Longueuil, Borough of Brossard, January 5, 2006
Chantal Peltier
Discipline Committee Secretary
The decision of the Discipline Committee is enforceable from the date of notification to the defendant, i.e.
December 20, 2005. The suspension of Mr. Sylvain
Krief’s affiliated real estate agent certificate is therefore effective as of December 20, 2005.
of the Real Estate Brokerage Act (R.S.Q., c. C-73.1)
and section 133 of the Professional Code (R.S.Q., c.
C-26).
Brossard, January 19, 2006
Chantal Peltier
Simply Accounting
Verifying right
of ownership restrictions
and consulting the online land register
Just as he must verify the features of an immovable, the real estate agent must know
and verify the characteristics of the immovable’s right of ownership under private
and public law.
S
ub-section (7) of section 8.2
The correct way to verify right of ownership
of the brokerage contract
provides examples of restric- restrictions is to consult the online
tions of private law that can encum- land register.
ber an immovable: debt, prior claim,
hypothec, servitude, etc. Sub-section
Verification tools have evolved considerably with
(8) provides examples of restrictions of public law
the advent of the Internet and remote access to all
that can encumber the immovable, i.e. municipal
Land Registry Offices via the online land register.
zoning and subdivision by-laws, the Cultural PropThe correct way to verify right of ownership
erty Act, environmental regulations, etc.
restrictions is to consult the online land register.
The broker or agent must make the “usual
The index of immovables must be verified in
verifications” regarding these restrictions. Howorder to ensure that no act restricting the right
ever, such verifications can no longer be limited
of ownership has been registered subsequent to
to the restrictions mentioned in the documents
the owner’s act of acquisition. This index will also
provided by the seller, as used to be the case.
enable the broker or agent to know for certain Notice of suspension of certificate
A SSOCI ATION DES COURTIERS ET AGENTS IMMOBILIERS DU Q UÉBEC
File: 33-05-0829
Notice of provisional suspension of certificate
File: 33-05-0891
File: 33-04-0754
NOTICE is hereby given that Mr. Clifford Benjamin Segal, chartered real estate agent (C2231),
employed by or authorized to act on behalf of Les
Immeubles Ann Segal Ltée / Ann Segal Realty Ltd.,
chartered real estate broker (A3305), whose establishment is located at 5499 Robert-Burns, suite
304, in Montréal, is charged in a formal complaint
before the Discipline Committee of the Association
des courtiers et agents immobiliers du Québec with
twenty (20) counts of infractions summarized as follows:
Defendant is charged with having, either illegally
or prematurely, withdrawn from the trust account
of IMMEUBLES ANN SEGAL LTÉE/ANN SEGAL REALTY LTD. on various occasions a total amount of
$142,750; in one count (count 11) defendant is also
charged with not depositing in the said trust account a cheque in the amount of $5,000 that should
have been deposited therein;
the whole contrary to section 12 of the Real Estate
Brokerage Act and sections 1 and 13 of the Rules of
Professional Ethics of the ACAIQ.
On November 11th, 2005, the Discipline Committee
ordered the provisional suspension of the certificate
of Mr. Clifford Benjamin Segal until the final decision of the Discipline Committee is rendered, either
rejecting the complaint filed against him or ordering
a penalty; unless such a penalty is a suspension or
cancellation of his certificate, in which case the provisional suspension order shall remain in force until
the said final decision becomes enforceable.
The above decision of the Discipline Committee is
enforceable as from the date of notification to Defendant, to wit: November 11th, 2005. The suspension of the chartered real estate agent certificate of
Mr. Clifford Benjamin Segal is therefore effective as from November 11th, 2005.
of the Real Estate Brokerage Act (R.S.Q., c. C-73.1)
and section 133 of the Professional Code (R.S.Q., c.
C-26).
Longueuil, Borough of Brossard, December 13th, 2005
Chantal Peltier
z
March 2006 | INFO ACAIQ NOTICE is hereby given that Mr. Steven I.
McKenzie, affiliated real estate agent (Certificate No. B5898) ), employed by or authorized to act on behalf of Re/Max Platine, chartered real estate broker
(Certificate No. A2784) ), whose establishment is located at 1850 Panama Avenue, Suite 110 in Brossard,
has been found guilty by the Discipline Committee of
the Association des courtiers et agents immobiliers du
Québec of the offence summarized below:
1st count: on or around November 29, 2001, with respect to an immovable, failing to demonstrate integrity, committing acts that are derogatory to the honour
and dignity of the profession, and participating in acts
or practices in real estate matters which may be illegal
or which may cause prejudice to the public or to the
profession, namely by completing and having the parties sign a promise to purchase with a purchase price
and, at the same time, the supplementary agreement
drafted on an Annex G-General form providing for a
reduction in the selling price, whereas:
a) said form was not cross-referenced on the promise to purchase; and
b) the absence of a cross-reference allowed the buyers to apply for and obtain mortgage financing on
the basis of information that did not include the
content of this form;
the whole contrary to sections 1, 13 and 35 of the
On May 4, 2005, the Discipline Committee ordered
the suspension of Mr. Steven I. McKenzie’s certificate for a period of thirty (30) days on this count of
the complaint.
Further to the withdrawal of Mr. Steven I.
McKenzie’s appeal on December 22, 2005, the decision of the Discipline Committee is enforceable as of December 23, 2005. The suspension of Mr. Steven I.
McKenzie’s affiliated real estate agent certificate
is therefore effective as of December 23, 2005 for a period of thirty (30) days.
This notice is given in accordance with section 137 of
the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Longueuil, Borough of Brossard, December 23, 2005
Chantal Peltier
NOTICE is hereby given that Mr. André Fuoco, affiliated real estate agent (Certificate No. B2798),
formerly employed by or authorized to act on behalf
of Century 21 Multi-Services inc., chartered real estate broker (Certificate No. C7489), whose establishment is located at 815 de la Carrière Blvd., Suite 101
in Gatineau, has been found guilty by the Discipline
Committee of the Association des courtiers et agents
immobiliers du Québec of the offences summarized
below:
1st count: Between or around April 4 and 15, 2002,
committing acts that are derogatory to the honour
and dignity of the profession, participating in acts
or practices in real estate matters which may be illegal or which may cause prejudice to the public or to
the profession, failing to provide fair treatment to the
parties to a transaction, abusing the good faith of a
chartered real estate agent and using unfair practices
against him, notably by participating in the following
fraudulent practices aimed at making a profit on the
resale of an immovable, namely:
a) on or around April 4, 2002, by soliciting a visit of
an immovable from a real estate agent, without
revealing to the agent that the respondent would
not have a promise to purchase drafted and
signed by prospective buyers for whom these visits were being solicited;
b) on or around April 4, 2002, by soliciting a visit of
an immovable from a real estate agent, without
revealing to the agent that any promise to purchase from prospective buyers would not be intended for the seller contemporary to his visit, but
rather for a third party;
c) on or around April 4, 2002, by failing to inform a
seller and a real estate agent that the buyer designated on a promise to purchase concerning an
immovable was not one of the people for whom
he had solicited a visit;
d) around mid-April 2002, by soliciting an additional
visit of an immovable from a real estate agent,
without revealing to the agent that the respondent would not have a promise to purchase drafted
and signed by prospective buyers for whom these
visits were being solicited;
e) around mid-April 2002, by soliciting an additional
without revealing to the agent that any promise
to purchase from prospective buyers would not
be intended for the seller contemporary to his
visit, but rather for a third party;
f) around mid-April 2002, by soliciting an additional
under the false pretext that this visit was to allow
a buyer designated in a promise to purchase concerning an immovable to rent a portion thereof;
g) around mid-April 2002, by having prospective
buyers visit an immovable, without revealing to
them the identity of a seller contemporary to their
visit nor the seller’s asking price of $114,900;
h) around mid-April 2002, by hiding from prospective buyers the respondent’s collaboration in the
acquisition of this immovable by a third party;
i) around mid-April 2002, by allowing prospective
buyers to pursue with a third party, foreign to the
brokerage transaction he was conducting, discussions concerning the purchase of an immovable,
whereas he knew that this third party was planning to have them sign a promise to purchase intended to be accepted by a person who was not
the seller contemporary to their offer;
the whole contrary to sections 1, 13, 24, 26, 35 and
43 of the Rules of Professional Ethics of the ACAIQ.
2nd count: On or around April 23, 2003 and April 11,
2005, failing to collaborate and misrepresenting information during an investigation conducted by an
assistant syndic, namely when the respondent declared to an investigator (April 2003) and to an assistant syndic (April 2005) that he had visited an immovable:
a) accompanied by a third party foreign to the brokerage transaction he was conducting, prior to
the signing of a promise to purchase dated April
4, 2002 concerning this immovable;
b) accompanied by the same third party and another
person, following the signing of this promise to
purchase;
the whole contrary to sections 54 and 55 of the Rules
of Professional Ethics of the ACAIQ.
On November 16, 2005, the Discipline Committee ordered the suspension of Mr. André Fuoco’s certificate for a period of seven (7) years on the 1st count,
and the suspension of his certificate for a period of
three (3) years on the 2nd count, to be served consecutively, to take effect whenever he applies for reinstatement of his certificate or the issuance of a new
certificate.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. January
3, 2006. The suspension of Mr. André Fuoco’s affiliated real estate agent certificate will therefore become effective whenever he applies for reinstatement
of his certificate or the issuance of a new certificate,
for a period of 10 years.
Longueuil, Borough of Brossard, January 6, 2006.
Chantal Peltier
whether the seller has one or more hypothecs or
prior notices of exercise by the hypothecary creditor in case of default by the seller.
The real estate agent must verify the ownership documents provided by the seller and/or
published by the Land Registry Office in order to
identify any restriction. This will enable him to
make sure, in the event of a promise to purchase,
that the selling owner will make all the relevant
declarations concerning his immovable. For example, if the immovable being sold has a servitude of
view in favour of a neighbouring immovable, this
information must be mentioned not only in the
brokerage contract, but also under section 6.4 of
the promise to purchase. By consulting the act of
acquisition, the real estate agent will also know
about the seller’s declarations that do not involve
The ACQC
Restrictions of private law:
• “Hypothecary loan instrument bearing number
343434 made in favour of Caisse populaire
d’Albertville”;
• “Servitude of view bearing number 343433
made in favour of neighbouring lot 1234567”.
Restrictions of public law:
• “The property is located in a flood zone”;
• “The property is part of a housing complex
within the meaning of the Act respecting the
Régie du logement”.
Restrictions have a major impact and real
estate agents must take these into account and
inform the parties. For instance, in the last example where a property is part of a housing complex,
the seller must obtain the Régie’s authorization in
order to alienate the portion
The information regarding restrictions must appear of the immovable sold. He
not only on the brokerage contract and the promise must find out how long it
takes to get this authorization
to purchase and its annexes, but also on the imfrom the Régie, complete the
movable’s detailed description sheet.
recommended form “Annex B – Income Property” and attach
restrictions of public law. In case of doubt, he
it to the promise to purchase.
must direct the seller or the buyer to an expert in
Remember also that the information regardthe field, such as a notary.
ing restrictions must appear not only on the broHere are some examples of how to enter
kerage contract and the promise to purchase and
restrictions of private or public law under section
its annexes, but also on the immovable’s detailed
8.2 of the brokerage contract, at sub-sections (7)
description sheet. u
and (8).
T
he Association des consommateurs pour la qualité dans la construction (ACQC) is currently reorganizing in order to better fulfill its mission. The ACQC has joined the Union des consommateurs and as such will benefit from this organization’s support. This will help
it focus its efforts on rebuilding a permanent team and a dynamic association while securing better funding.
The ACQC Board of Directors now has new members, including four from the Associations
coopératives d’économie familiale (ACEF) of Île-Jésus, Montréal East, Lanaudière and Québec City’s
South Shore, all of whom are active in housing-related issues within their ACEF. The chairperson of the ACQC is Mrs. Cathy Simard, of ACEF Île-Jésus.
The new contact information for the ACQC is as follows: ASSOCIATION DES CONSOMMATEURS POUR LA QUALITÉ DANS LA CONSTRUCTION 1000 Amherst St., Suite 300 Montréal, Québec H2L 3K5 Tel.: (514) 384-2013 Fax: (514) 521-0736 Website: http://consommateur.qc.ca/acqc
in the midst of a reorganization
The agent’s duty to respond
to the various ACAIQ departments
W
e find it unfortunate to note that
some brokers, broker representatives, managers and real estate
agents do not give the ACAIQ their full cooperation. Let us first take a look at the main provisions
governing the relationship between the members
and the Association. Generally speaking, the
agent or broker “shall collaborate with any official
department or agency responsible for protecting
the public in the real estate brokerage sector”.
The duty to collaborate is especially
important when it comes to the
Professional Inspection Department
In addition, the agent or broker “shall answer as
soon as possible all correspondence addressed to him by the Association, the syndic or assistant syndic.” File: 33-05-0869
NOTICE is hereby given that Mrs. Jacinthe Frappier
Laurendeau, chartered real estate agent (Certificate No. B5605), employed by or authorized to act
on behalf of Re/Max de Francheville inc., chartered
real estate broker (Certificate No. A3080), whose
establishment is located at 4450, boul. des Forges,
Suite 250 in Trois-Rivières, has been found guilty
1st count: With respect to an immovable, abusing
the good faith of another member and using unfair
practices against him, namely by failing to inform
him in a timely fashion:
a) as of October 5, of the existence of a promise to
purchase;
b) as of October 6, of the existence of a promise
to purchase announced by another real estate
agent;
2nd count: With respect to an immovable, failing to
provide fair treatment to the parties to a transaction
referred to in section 1 of the Act, namely by failing
to inform their real estate agent in a timely fashion:
a) as of October 5, of the existence of a promise to purchase;
b) as of October 6, of the existence of a promise
to purchase announced by another real estate
agent;
3rd count: On or around October 6, 2003, with respect to an immovable, failing to provide fair treatment to the parties to a transaction referred to in
section 1 of the Act, namely by failing to inform
their real estate agent in a timely fashion of the existence of a promise to purchase and of a promise to
purchase announced by another real estate agent;
4th count: On or around October 6, 2003, with respect to an immovable, abusing the good faith of
another member and using unfair practices against
him, namely by failing to inform in a timely fashion
a real estate agent of the existence of a promise to
purchase and of a promise to purchase announced
by another real estate agent;
On February 1, 2006, the Discipline Committee ordered a suspension of Mrs. Jacinthe Frappier
Laurendeau’s certificate for four (4) concurrent
periods of thirty (30) days on these counts of the
complaint. By order of the Discipline Committee,
this decision becomes enforceable from the moment
of its pronouncement. The suspension of Mrs. Jacinthe Frappier Laurendeau’s chartered real estate agent certificate is therefore effective as of February 1, 2006 for a period of thirty (30) days.
Brossard, February 2, 2006
Chantal Peltier
z
March 2006 | INFO ACAIQ Association des courtiers et agents immobiliers du Québec
The duty to collaborate is especially impor“It is not up to the member to decide which
tant when it comes to the Professional Inspecdocuments or information to provide to the syndic.
tion Department. The personal cooperation of
It is not for him to choose to provide only those
the agent or broker or of his representative and
documents which he deems his duty to provide,
manager is necessary to allow the Professional
nor is it up to the defendant to request that the
Inspection Committee to verify members’ records,
plaintiff ‘indicate the subject of the investigation’.
bank accounts, books and registers.
In addition, because the law exists to protect
The duty to collaborate imposes two obligathe public, it must receive a broad and liberal
tions on agents and brokers:
interpretation.”
1) to disclose all relevant facts of which they are
An agent or broker must know that the
aware; and
syndic or his assistants have the powers and
2) to provide all relevant documents.
immunity of a commissioner appointed under the
The obligation to respond to the syndic is also
Act respecting public inquiry commissions (R.S.Q.,
crucial. Not only
chapter C-37), except the
does it allow
Failure to respond to the syndic “as soon power to order imprisonthe syndic to
as possible” also discredits the profession ment (sect. 127 of the
play his role
Real Estate Brokerage
as a whole. It unduly delays and even
efficiently, but
Act).
failure to comply paralyses the investigation process.
Courts have often
may have serious
ruled on the investigaconsequences, including on public protection.
tion powers of syndics. However, none has seen fit
Failure to respond to the syndic “as soon as posto intervene to dictate to syndics what they are or
sible” also discredits the profession as a whole. It
aren’t authorized to ask for during an investigaunduly delays and even paralyses the investigation tion. Syndics must be able to conduct their investiprocess. These delays prevent the syndic from
gations without any influence whatsoever.
properly informing the plaintiff about the status
It is important to remember that the Rules
of his file and results in needlessly prolonging the
of Professional Ethics contained in the Real
uncertainty that hangs over the agent or broker
Estate Brokerage Act are aimed at ensuring the
concerned as to the outcome of the investigation
protection of the public and increasing consumer
on his actions.
confidence in the real estate agents and brokers
When an agent or broker fails to respond or
with whom they do business. When an agent or
falsely represents information to the syndic or to a
broker does not give his full cooperation to the
person he has designated, including an investigaAssociation’s departments, he is jeopardizing the
tor, he could be the subject of a complaint before
bond of trust with this public. u
the Discipline Committee. A few recent disciplinary
decisions have in fact confirmed the importance
of the duty to collaborate and the seriousness of
the non-collaboration offence. One even led to a
defendant being barred from holding a certificate
for a period of five years. In another decision,
the Discipline Committee issued the following
reminder:
File: 33-04-0726
File: 33-05-0841
NOTICE is hereby given that Mr. François Quesnel,
affiliated real estate agent (Certificate No. C7290),
formerly employed by or authorized to act on behalf
of Re/Max Avantages inc., chartered real estate broker (Certificate No. A3730), whose establishment
is located at 9201, boul. du Centre-Hospitalier in
Charny, has notably been found guilty by the Discipline Committee of the Association des courtiers et
agents immobiliers du Québec of the offence summarized below:
NOTICE is hereby given that Mr. Michel
Giampaolo, affiliated real estate agent (Certificate
No. B3515), employed by or authorized to act on behalf of Groupe Sutton-Clodem inc., chartered real estate broker (Certificate No. A2928), whose establishment is located at 9515 Lasalle Blvd. in Lasalle, has
notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:
5th count: On or around November 27, 2000, committing an act that is derogatory to the honour and
the dignity of the profession, using an unfair practice
against a real estate agent and committing acts that
are incompatible with an exclusive brokerage contract concerning an immovable awarded to a chartered real estate broker represented by said real estate agent, namely by engaging in the following acts
in the latter’s absence and without his authorization,
i.e.:
a) by accompanying a prospective buyer when visiting this immovable;
b) by accompanying a prospective buyer when negotiating the purchase of this immovable with
a seller;
c) by showing up with a prospective buyer and a
seller at the office of the seller’s notary, where
the terms of a promise to purchase concerning
this immovable were to be finalized and drafted;
and
d) by paying the deposit of $5,000 provided for in
this promise to purchase;
the whole contrary to sections 1, 13, 43 and 46 of the
On November 15, 2005, the Discipline Committee ordered the suspension of Mr. François Quesnel’s certificate for a period of thirty (30) days on this
count of the complaint, to take effect whenever he
applies for reinstatement of his certificate or the issuance of a new certificate.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. December 22, 2005. The suspension of Mr. François
Quesnel’s affiliated real estate agent certificate will
therefore become effective whenever he applies for
reinstatement of his certificate or the issuance of a
new certificate, for a period of thirty (30) days.
Chantal Peltier
1st count: Beginning on March 12, 2001, failing to
send without delay to the person who manages the
establishment to which he is assigned the information and documents required in order to maintain the
records, books and registers provided for in Chapter
XI of the By-Law of the ACAIQ, namely a promise to
purchase and an Annex AA, made by the buyer represented by a collaborating agent with respect to an
immovable, the whole contrary to section 147 of the
By-Law of the ACAIQ.
3rd count: On or around April 27, 2001, with respect
to an immovable, failing to demonstrate integrity,
participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by:
a) agreeing to receive and receiving the sum of approximately $5,000 in cash, directly from the seller, for the sale of the said property;
b) omitting to supply the seller with a written acknowledgement of the said $5,000;
c) receiving the said $5,000 prior to the signature of
the act of sale in front of the notary;
of Professional Ethics of the ACAIQ and section 72 of
the By-Law of the ACAIQ.
5th count: On or around February 18, 2004, with respect to an immovable, failing to demonstrate integrity, committing acts that are derogatory to the honour and the dignity of the profession, participating in
an act or practice in real estate matters which may be
illegal or which may cause prejudice to the public or
to the profession, namely by:
a) preparing and having the seller sign a promise
to purchase and an Annex AA and, on the same
occasion, an “Annex G-General” form bearing a
selling price different from the one stipulated on
the promise to purchase, without having the said
promise to purchase and Annex AA linked to the
“Annex G-General” form;
b) omitting to give to the mortgage broker representative whose services had been retained in
order to obtain mortgage financing, the said form
“Annex G-General” together with a promise to
purchase and an Annex AA; while the omission
to link and remit the said « Annex G- General
» form allowed the Defendant to request and
eventually obtain mortgage financing based on
information that did not include the content of
the said Annex G, the whole contrary to sections
1 and 13 of the Rules of Professional Ethics of
the ACAIQ.
6th count: On or around February 18th, 2004, with
respect to an immovable, the Defendant participated
in an act or practice in real estate matter which may
be illegal or which may cause prejudice to the public
or to the profession, did not avoid a situation which
placed him in a conflict of interest, namely by signing a promise to purchase while he was representing
the listing real estate broker of said immovable designated in a brokerage contract, the whole contrary to
sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.
On January 9, 2006, the Discipline Committee ordered a suspension of Mr. Michel Giampaolo’s
certificate for a period of fifteen (15) days on the 1st
count and for a period of thirty (30) days on the 3rd
count, to be served concurrently, as well as a suspension for a period of three (3) months on the 5th count
and of three (3) months on the 6th count, and ordered that the suspension periods for counts 5 and 6
be served concurrently, but consecutively to the suspension periods for counts 1 and 3.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. February 14, 2006. The suspension of Mr. Michel Giampaolo affiliated real estate agent is therefore
effective as of February 14, 2006 for a total period of
three (3) months and thirty (30) days.
Chantal Peltier
2179_lacapitale_2.qxd
08/02/06
16:55
Page 2
APEC+ MPG=
2 guarantees
A FEW COMMENTS BY OUR AGENTS...
“Not only is the APEC guarantee good for my buyerclients, it’s also good for me. Let me explain: my wife and
I bought a house in Beaconsfield last October.
Three weeks after we moved in, the motor on the furnace died and I had to replace it. We had no problems
getting reimbursed from APEC for the amount of the
repairs less the deductible.
My wife and I are very satisfied with the APEC guarantee and the personnel who work to apply it.
Naturally, my own experience is now part of my ‘listing presentation!’”
JEFFREY LEE, La Capitale Action (514) 822-1131
“I have been a La Capitale agent for 2 years and the APEC
guarantee is one of the best tools I have for putting clients
at ease and assuring them of a safe transaction. I tell all
my clients about it, both buyers and sellers; it works just as
well on both sides!
The seller who leaves the dishwasher in the house can
reassure himself that he won’t have any problems if it breaks down; for
the buyer, it’s the little extra that alleviates the normal concerns of a
new homeowner.
I regularly receive letters of thanks from my clients; no need to tell you that
I gladly show them off. The last one came from two ladies who bought a
condo on Christophe-Colomb; in the first month, they had to deal with an
electrical problem that was fortunately covered by the APEC guarantee. The
result: they received a refund of almost $500! When these clients have a
real estate transaction to close, I am sure they will think of me.”
JEAN-MARIE HUDON, La Capitale Avantage (514) 382-8000
“I sold a house to a young couple in HochelagaMaisonneuve. Because they wanted to change areas or
cities, they gave me the mandate to resell the property
soon after.
They confided in me that they called me back because
of the good service I gave them and especially because
the house would be covered by the APEC guarantee once it sold.
Finally, they bought another home through me so that they could also benefit from the guarantee as owners.”
STEVE GIROUARD, La Capitale Banlieue Est (450) 582-0022
“The APEC guarantee is great because it provides reassurance for both the seller and the buyer.
I remember an elderly woman who told me that since
the death of her husband and in spite of all her efforts,
she felt that the property had been neglected and that
certain things could break down, resulting in legal problems for her. The APEC guarantee reassured her because she was able
to sell with peace of mind; knowing that the guarantee was free resulted in a satisfied client!”
CAROLINE VANDAL, La Capitale Distinction (450) 471-3181
“In 2005, I represented a couple of buyers to whom I
had explained the advantages of the APEC and MPG
guarantees so well that the clients went with my recommendation and obtained their mortgage loan from
Desjardins.
I was quite surprised to learn that when they met with
the notary, they switched to ING Direct to save a pittance. A few months
later, the client lost his job and called me to get the MPG number for; it
was his turn to be surprised and sorry to find out that he was not eligible for the MPG guarantee since he hadn’t contracted his mortgage with
a La Capitale certified institution.
Fortunately it didn’t affect our relationship, because he remembered that
I clearly explained the admissibility conditions to him. I don’t think he will
ever get himself into a similar predicament; believe me, he understood!”
MARIE-J. SÉVIGNY, La Capitale Plus (450) 974-1778
2 effective tools to
list and sell
One year guarantee
on accessories, plumbing,
electricity and heating:
COST: • free for the buyer and seller
• $159 payable by the agent, or an average of $79 per
transaction as only 50% of properties are eligible;
The APEC guarantee is optional for La Capitale agents; however,
80% of residential agents offer it, since they believe it is an excellent tool to
stand out from the competition and to list and sell more.
One year guarantee or up
to $15,000 on the mortgage
instalments in the event of loss
of employment or death.
COST: • free for the buyer and seller
• free for the agent, the premium is paid
by La Capitale Network
This guarantee is offered to all La Capitale buyers who contracted their mortgage financing with financial institutions certified by La Capitale Real Estate
Network, Desjardins and National Bank mortgage services.
OTHER CAPITAL TOOLS
APEC and MPG are just a couple of tools available to La Capitale agents to
help them list and sell properties.
Here’s another tool worth mentioning: free advertising for all of their
listings on
www.lacapitalesells.com and on www.micasa.ca
2 sites which, combined, receive millions of visits per month. Quite a
choice for buyers and quite a showroom for sellers! It’s the argument that
clinches a listing when you’re soliciting: “to sell your property rapidly, I will
list it on micasa.ca and lacapitalesells.com, two sites that attract buyers by
the millions.”
EMPLOYMENT OFFER
Following a large-scale expansion project, La Capitale Real Estate Network is
seeking several candidates to fill the following positions:
• 2 regional directors • 3 franchise managers
Detailed information on these and other positions currently available can be
found on our Web site at
www.lacapitalevendu.com/emploi
FRANCHISES AVAILABLE
IF YOU DESIRE TO OWN YOUR OWN FRANCHISE...
COMPARE THE BANNERS AND THE TOOLS THAT THEY OFFER
Good tools favour the recruiting of good agents, increase sales figures and
create a good reputation among clients, all of which will make your franchise successful.
We still have territories with a great deal of potential to be developed; a
franchise territory can be yours for as little as $250 per month, with no
other mandatory fees, excluding of course agent
dues and royalties.
Consult the franchise section of our Web
site at www.lacapitalesells.com or better yet, ask for our information file
on La Capitale franchises at
1 (800) 363-6715, ext. 312.
Our discretion
is guaranteed!
lacapitalesells.com
z
10
“Real Estate. Real Protection.”
The ACAIQ launches an information campaign
for English-speaking viewers
W
The capsules will be shown in rotation for
hile the ACAIQ’s Info-Immobilier
13
weeks
at different times of the day, includcampaign is in full swing on the
ing
during CTV News,
Access Hollywood Strip,
TVA network, new information capCanada
AM, Oprah
and Dr.
Phil. Based on these
sules, this time aimed at the English market, have
programs’
ratings,
we
expect
that the capsules
been airing since February 20 on CFCF-Montreal.
will
have
been
seen
by
some
17
million viewers Different from the French capsules, the
by
the
end
of
the
campaign.
English capsules show a consumer and an ACAIQ
As for the capsules
spokesperson
There
are
four
of
these
30-second
for
the
French market,
played by actress
they
air
at different
Lorie Graham. There capsules aimed at introducing the
times
of
the day and the
are four of these
Association and its public protection
week,
including
during
30-second capsules
mission
and
at
defining
the
often
unTVA Réseau, Salut Bonaimed at introducing
the Association and derestimated role played by real estate jour, Le 17 heures and in
rotation on specialized
its public protection
agents and the advantages of using
channels “LCN” and
mission and at defintheir
services
when
conducting
a
“Argent”. They may also
ing the often underbe viewed on the Web
estimated role played real estate transaction.
at tva.canoe.com/acaiq,
by real estate agents
which
also
includes
a
written
summary of each
and the advantages of using their services when
capsule
and
numerous
links
to
texts discussing
conducting a real estate transaction. “Real Estate.
these
issues
in
more
detail. u
Real Protection.” drives the message home.
A SSOCI ATION DES COURTIERS ET AGENTS IMMOBILIERS DU Q UÉBEC
File: 33-05-0828
NOTICE is hereby given that Mr. Antonio
Campopiano, affiliated real estate agent (Certificate
No. A9867), employed by or authorized to act on behalf of Service immobilier Général S.R. inc., chartered
real estate broker (Certificate No. A2392), whose establishment is located at 5820 Charleroi St. in Montréal, has been found guilty by the Discipline Committee of the Association des courtiers et agents
immobiliers du Québec of the offences summarized
below:
1st count: Between October 12 and 21, 2003, with
respect to an immovable, failing to practice his profession with prudence, diligence and competence and
participating in acts in real estate matters which may
be illegal or which may cause prejudice to the public or
to the profession and that are derogatory to the honour and dignity of the profession, namely by having the
mother of the owners sign the following documents,
where she was not the owner of the immovable and
signed the owners’ names in their lieu and stead:
a) a brokerage contract;
b) a promise to purchase and its Annex A;
c) an Amendments and Notice of Fulfilment of Conditions form;
d) an Amendments and Notice of Fulfilment of Conditions form;
e) a counter-proposal;
f) a letter, dated November 5, 2003, confirming that
the promising buyers’ mortgage financing had
been approved;
and, bearing witness to their signatures on the documents designated in a, b, c, d and e above, the whole
contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: Between October 17 and 18, 2003, with
respect to an immovable, failing to promote the interests of his selling clients and to act with objectivity
when advising them, namely by:
a) failing to notify in a timely fashion a real estate
agent representing the prospective buyers of the
existence of a promise to purchase, whereas this
agent had agreed with the respondent that he
would visit the immovable with these prospective
buyers at 11:00 a.m. on October 18, 2003;
b) omitting or neglecting to advise them to wait for
the outcome of the visit by the prospective buyers before responding to the promise to purchase
with a counter-proposal, which they signed at
10:00 a.m. on October 18, 2003;
3rd count: On or around October 17 and 18, 2003,
with respect to an immovable, failing to provide fair
treatment to the prospective buyers, namely by:
b) failing to inform their real estate agent in a timely
fashion of the existence of a promise to purchase,
whereas it had been agreed with the respondent
that they would visit the immovable at 11:00 a.m.
on October 18, 2003;
4th count: Between October 17 and 18, 2003, with
respect to an immovable, abusing the good faith of a
real estate agent, using unfair practices against him
and seeking to gain an unfair advantage over him,
namely by:
a) reducing his compensation provided for in a
brokerage contract using an Amendments form
amending said brokerage contract and a promise to purchase from buyers whom the respondent represented, concomitantly with the signing
of a counter-proposal by the sellers, whereas the
would visit the immovable with the prospective
b) failing to inform him in a timely fashion of the
existence of a promise to purchase, whereas the
would visit the immovable with the prospective
On December 9, 2005, the Discipline Committee ordered the suspension of Mr. Antonio Campopiano’s
certificate for four concurrent periods of thirty days on
these counts of the complaint.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. December 9, 2005. The suspension of Mr. Antonio
Campopiano’s affiliated real estate agent certificate
is therefore effective as of December 9, 2005 for a period of thirty (30) days.
Chantal Peltier
a) reducing his compensation provided for in a
brokerage contract using an Amendments form
amending said brokerage contract and a promise
to purchase from buyers whom the respondent
represented, concomitantly with the signing of a
counter-proposal by the sellers, whereas it had
been agreed that the prospective buyers would
visit the immovable at 11:00 a.m. on October
18, 2003;
11
Notice of Appointment
PROFESSIONAL INSPECTION CAPSULE
The new online
“Annual Declaration”
Mrs. Marie-Chantal Thouin
Mr. Jean Landry, chairman of the interim Board of
Directors of the Professional Liability Insurance
Fund of the Association des courtiers et agents
immobiliers du Québec, is pleased to announce the
appointment of Mrs. Marie-Chantal Thouin to
the position of General Manager of the Fund.
A law graduate from Université Laval and a member
of the Barreau du Québec, Mrs. Thouin also holds a
Master’s degree in insurance law from the
Université de Montréal.
Mrs. Thouin began her career with a major law
firm. She then acted as general manager of the
Institut d’assurance en dommages du Québec. In
1999, Mrs. Thouin joined the Professional Liability
Insurance Fund of the Barreau du Québec, where
she performed various functions, including in the
areas of claims management, communications,
financial and human resources and budget planning and control.
The Professional Liability Insurance Fund of the Association des courtiers et agents
immobiliers du Québec, whose insurance activities
will begin in the coming months, has a mission to
provide Québec’s real estate brokers and agents
with the insurance coverage required under the
Real Estate Brokerage Act.
F
aced with a growing membership and the
need to implement new methods to reach
and inspect all real estate brokers quickly,
the ACAIQ, drawing
The declaration covers
This Annual Declaration constitutes the period January 1 to
on the experience of
Québec professional
a professional inspection and as such December 31, 2005. You
orders, has develhave until May 30, 2006
requires the same cooperation on
oped a new online
to return your completed
your part as previous inspections
Annual Declaration.
declaration electronically.
By touching base with conducted at your establishment.
Each broker will
each broker once a
receive an e-mail (to his
year, the Professional
own e-mail address or
Inspection Department will have up-to-date data
that of his representative) advising him that his
on the maintenance and verification of advertisonline Annual Declaration is available, as well as
ing, records, books and registers.
instructions on how to complete it. This Annual
All broker representatives must complete Declaration constitutes a professional inspection
this declaration via our Synbad extranet site at
and as such requires the same cooperation on
www.extranet.acaiq.com, even if their establishyour part as previous inspections conducted at
ment was inspected in 2005 or since the your establishment. u
beginning of 2006.
Should you require any clarification on completing
the form, please contact the Professional Inspection Department: (450) 462-9800 or 1 800 440-7170, ext. 476
Notice of Appointment
Mrs Hélène Morand
Serge Brousseau, Chairman of the Board of the Association des courtiers et agents immobiliers du
Québec, is pleased to announce the appointment of Mrs. Hélène Morand to the position of Syndic of the Association.
A member of the Barreau du Québec since 1991
and of the ACAIQ since 1998, Mrs. Morand began
her career in the Legal Department of the Banque
Nationale de Paris. One year later, she joined the
team of Services d’Habitation Métro G.É. Inc., a
real estate management company specializing in
repossessions, where she has since worked as manager and legal counsel. Since January 2003, she
has also been teaching real estate law, the drafting of contracts and the Real Estate Brokerage
Act in establishments such Cégep Édouard-Montpetit, Collège Saint-Jean-sur-Richelieu and Collège
d’enseignement en immobilier. Mrs. Morand is a
regular speaker on the real estate brokerage conference circuit.
The role of the Syndic of the ACAIQ is closely linked
to the quality of professional actions and the protection of the public. The Syndic is responsible for
investigating cases of alleged misconduct by real
estate brokerage brokers and agents in the course
of their duties and for filing complaints with the
Discipline Committee where warranted.
Synbad technologies
Assisted Purchasing
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12
2006 ACAIQ Education Event,
April 24-26 at Château Frontenac
File: 33-05-0791 T
he Association des courtiers et agents immobiliers du Québec invites all its members to attend
the 8th edition of the ACAIQ Education Event under the theme “Fortify your Knowledge”. This
meeting will take place at the enchanting site of the Fairmont Château Frontenac hotel in Québec
City on April 24, 25 and 26, 2006. The event will coincide with the Annual General Meeting of the
ACAIQ. As in previous years, the Québec Real Estate Brokerage Award will be presented during the
Chairman’s Dinner, followed by a show by Nathalie Choquette and an evening of dance to the sounds
of an orchestra.
This 8th edition will feature a variety of conferences and workshops. The topics covered include
the use of certificates of location, recent jurisprudence in real estate brokerage and the economic
outlook for the real estate market. Paralympic athlete Chantal Petitclerc will talk to us about passion
and determination. Come fortify your knowledge by joining us for this exciting event. u
Notice is hereby given that Mr. Bassem
Chahal, chartered real estate agent (Certificate No.
B4473), employed by or authorized to act on behalf
of Groupe Sutton-Action B.C. enr., chartered real
estate broker (Certificate No. D2723), whose establishment is located at 2190, Lapinière Blvd. in Brossard, has notably been found guilty by the Discipline Committee of the Association des courtiers et
agents immobiliers du Québec of the offences summarized below:
1st count: Between August 23, 2002 and September 18, 2002 or around these dates, with respect
to an immovable designated as an empty lot, failing to demonstrate integrity, participating in an act
or practice in real estate matters that may cause
prejudice to the public or to the profession, namely
by signing his client’s name in the latter’s lieu and
stead in the space provided for signatures, notably
on the following documents:
a) a brokerage contract dated August 23, 2002;
b) a document entitled “Promise to purchase of
shares of a corporation” (sic) dated August 23,
2002;
Michael R. Concister
Avocat-Barrister & Sollicitor
B.A., B.C.L., LL.B. DIP. MGMT (APP.)
File: 33-04-0758
Specialized in Real Estate and commercial lease
Spécialisé en droit immobilier et baux commerciaux
NOTICE is hereby given that Mr. Robert Boutin,
affiliated real estate broker (Certificate No. A3716),
employed by or authorized to act on behalf of Re/Max 1er Choix inc., chartered real estate broker
(Certificate No. A2594), whose establishment is located at 2834, chemin St-Louis in Sainte-Foy, has
been found guilty by the Discipline Committee of
the Association des courtiers et agents immobiliers
du Québec of the offences summarized below:
Membre du Barreau du Québec
Member of Bar of Ontario
1253, ave McGill College, Suite 955, Montréal, Québec H3B 2Y5
Tél. : (514) 875-5311
Cell. : (514) 999-1952
Fax : (514) 875-8381
E-mail : mrconcister@bellnet.ca
•85-ann.recrut-ANG-F3
07/02/06
16:11
Page 1
1st count: On or around September 22, 2003, failing to promote the interests of his client and to provide fair treatment to the parties to a transaction referred to in section 1 of the Act, namely by:
a) disclosing to the signatories of a promise to purchase concerning an immovable the acceptance
deadline of another promise to purchase concerning the same immovable; and
b) failing to inform in a timely fashion the real estate
agent representing the signatories of this other
promise to purchase of the existence of another
promise to purchase;
Do you have what it takes
to be top dog in the world of
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2nd count: On or around September 22, 2003,
where a real estate agent was collaborating toward
the carrying out of a transaction referred to in section 1 of the Act, failing to disclose to him the existence of a transaction proposal already in progress,
abusing his good faith, using unfair practices against
him and seeking to gain an unfair advantage over
him, namely by:
c) a promise to purchase and an Annex G signed
on September 15, 2002;
d) a counter-proposal signed on September 18,
2002;
and by falsely attesting on said documents to his client’s signature, the whole contrary to sections 1 and
13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: Between the months of August 2002
and January 2003, with respect to an immovable
designated as an empty lot, failing to demonstrate
integrity, committing acts that are derogatory to the
honour and the dignity of the profession, participating in an act or practice in real estate matters that
may cause prejudice to the public or to the profession, failing to provide fair treatment to the parties
to a transaction, by taking part in a scheme aimed
at reselling an immovable not yet acquired, namely:
a) by completing and having promising buyers sign
a promise to purchase on September 4, 2002,
whereas:
i) he falsely represented that the immovable was
owned by a corporation,
ii) he omitted to inform them that his own wife
was a joint shareholder of the promising seller,
a corporation,
iii) following this promise to purchase, a third party
was to draft a promise to purchase in favour of
the real owner, for a selling price below the sale
price indicated in the promise to purchase,
iv) the third party was a promising buyer of the
shares of the corporation under a document entitled “Promise to purchase of shares of a corporation” (sic) dated August 23, 2002;
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b) failing to inform in a timely fashion the real estate
agent of the existence of a promise to purchase;
b) by drafting and signing, on September 15, 2002,
a promise to purchase and an Annex G for the
sale of the immovable in question by his real
owner, the seller, to a third party, without informing the owner, the seller, that he already
had a promise to purchase in hand for the resale
of this immovable at a price above the selling
price indicated in a promise to purchase;
With competition so fierce in our industry, we want only the best!
the whole contrary to sections 41 and 43 of the
of Professional Ethics of ACAIQ.
On December 7, 2005, the Discipline Committee ordered a suspension of Mr. Robert Boutin’s certificate for a period of thirty (30) days on these counts
of the complaint, to be served concurrently.
On January 9, 2006, the Discipline Committee ordered the suspension of Mr. Bassem Chahal’s
certificate for two concurrent periods of thirty (30)
days on these counts of the complaint.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e.
January 13, 2006. The suspension of Mr. Robert
Boutin’s affiliated real estate broker certificate is
therefore effective as of January 13, 2006 for a period of thirty (30) days.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. February 14, 2006. The suspension of Mr. Bassem
Chahal‘s chartered real estate agent certificate is
therefore effective as of February 14, 2006 for a period of thirty (30) days.
Brossard, January 19, 2006
Chantal Peltier
Chantal Peltier
As daring as you are dedicated and determined, you are of that special breed who thrives on
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We will provide you steadfast support to build yourself a solid base of prestigious corporate
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direction and send us your resumé today.
agomes@devencore.com
Tel.: 514 392-1330 ext. 259
Fax: 514 392-1346
Please note that only the selected candidates will be contacted for an interview.
a) disclosing to the signatories of a promise to purchase concerning an immovable the acceptance
deadline of another promise to purchase concerning the same immovable; and
CHARTERED REAL ESTATE BROKER
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EXCLUSIVELY FOR SPACE USERS
13
EnerGuide for Houses*:
The way to go
when you renovate
T
he EnerGuide for Encourage your clients to find out about EnerGuide
Houses service
for Houses before starting their renovations.
provides grants
to help homeowners reduce
the cost of renovations designed to boost energy
cial assistance to homeowners wishing to improve
efficiency. It’s an excellent way to improve the
the energy efficiency of their homes.
condition of a house and maximize its value. Tell
There are a number of energy efficiency
your clients about it!
measures that qualify, depending on the condition
of the house. For instance, a homeowner might
Why choose EnerGuide
insulate the basement, attic or roof crawlspace, or
for Houses?
seal the house better so heat doesn’t escape.
Encourage your clients to find out about EnerHomeowners will recoup their investment in
Guide for Houses before starting their renovations. energy retrofit work (such as the cost of insulaThis service, offered by Natural Resources Canation, not overall renovation costs) fairly quickly _
da’s Office of Energy Efficiency and supported by
especially taking into account the grants available.
Hydro-Québec, provides expert advice and finanBetter still, they will continue to save and enjoy
greater comfort as long as they live in the house.
Real-life case – A situation that led to compensation
The Fonds d’indemnisation du courtage immobilier agreed to compensate
two people who had been the victims of a dishonest transaction by a real
estate agent.
In this case, the people had signed a brokerage contract with an agent to
sell their home. Following the presentation of a promise to purchase, the
agent accepted, in writing, to reduce his compensation. Later, however,
he stole the document containing the reduction in compensation, which
enabled him, when the immovable was sold, to pocket the full amount
indicated in the brokerage contract rather than the reduced amount.
The agents’ clients turned to the Fonds d’indemnisation du courtage
immobilier. Ruling that by so doing, the agent had wrongfully appropriated the difference between the initial compensation and the reduced
compensation, the Fonds d’indemnisation compensated the clients for
the total amount of the overpayment, i.e. $11,534.
The Fonds d’indemnisation is a body whose sole purpose is the protection
of the public in transactions carried out through real estate brokers and
agents. Its purpose is to guarantee any liability that may be incurred by a
broker or agent owing to fraud, a dishonest transaction or the misappropriation of funds.
For more information on the Fonds d’indemnisation:
www.indemnisation.org
6300, Auteuil, suite 300, Brossard (Québec) J4Z 3P2
Tel. : (450) 676-4800 or 1 800 440-5110
Fax : (450) 676-7801
Y
info@indemnisation.org | www.indemnisation.org
z
14
Simple procedure
On request, a certified EnerGuide for Houses advisor will come to your client’s home to:
• evaluate its energy efficiency and assign
an EnerGuide rating (for a suggested fee of
$149.95, plus taxes, for an average-sized
single-family dwelling);
• determine the work needed to increase the
energy efficiency;
• provide the homeowner with a recommendations report;
• carry out a second evaluation at no charge
once the work has been done.
Two grants!
If your client has the recommended work done
within 18 months of the first evaluation, he or she
will receive:
• a grant from Natural Resources Canada; and
• a grant from Hydro-Québec** equal to double the amount received from Natural
Resources Canada.
Both the Natural Resources Canada and HydroQuébec grants are calculated according to your
home’s energy efficiency gain, that is, the difference between the EnerGuide rating before and
after the retrofit. In other words, for you to receive
a grant, the retrofit must result in a noticeable
improvement in your EnerGuide rating.
File: 33-05-0808
NOTICE is hereby given that Mrs. Line Laquerre,
chartered real estate broker (Certificate No. A3075),
whose establishment is located at 1285, avenue des
Gouverneurs in Sillery, has notably been found guilty
courtiers et agents immobiliers du Québec of the offence summarized below:
Tell your clients about it!
Need more information about this service to better inform your clients? Contact the EnerGuide for Houses call centre at 1 866 266-0008
or visit www.energuideforhouses.gc.ca.
You can also order free information kits by sending an e-mail to pochettes-energuide@
hydro.qc.ca, making sure to include the following information:
• First and last name;
•Company name;
•Region served;
•Number of kits;
•Name of intended recipient;
•Delivery address;
•Telephone number. u
4th count: On or around January 29 and 30, 2003,
failing to collaborate with a real estate agent, abusing her good faith and using unfair practices against
her, namely:
a) on or around January 29, 2003, by refusing this
real estate agent any visit of an immovable; and
b) on or around January 30, 2003, by telling her to
wait until February 1, 2003 to re-discuss any visit
of this immovable, yet agreeing the same day to
a visit by her own clients, promising buyers, on
January 31, 2003;
On October 25, 2005, the Discipline Committee ordered the suspension of Mrs. Line Laquerre’s
certificate for a period of thirty (30) days on this count.
For example
If Natural Resources Canada grants:
Hydro-Québec will grant double that amount:
For a total of:
* EnerGuide for Houses is an official trademark of
Natural Resources Canada, used under licence.
$650
$1,300 ($650 x 2)
$1,950
** The home must be heated with electricity or a dual-energy system (Rate DT). Other
conditions apply.
File: 33-05-0789
NOTICE is hereby given that Mr. Normand
Véronneau, affiliated real estate agent (Certificate No. B4944), formerly employed by or authorized to act on behalf of Les Immeubles les Associés inc., chartered real estate broker (Certificate No.
A2853), whose establishment is located at 1048
Curé-Labelle Blvd. in Blainville, has notably been
found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du
Québec of the offences summarized below:
1st count: As of June 21, 2002, with respect to an
immovable, failing to demonstrate integrity, courtesy or a spirit of cooperation, using unfair practices,
seeking to gain an unfair advantage over another
member, namely by:
a) participating in discussions on ways to escape the
obligation to pay compensation to the chartered
real estate agent’s broker;
b) having the owner, represented by an authorized
person, sign a brokerage contract with the purpose of carrying out a sale with a third party;
knowing that such third party, through her representative, had been interested in the immov able
while the brokerage contract held by the former
broker and ending June 21, 2002 was in force, the
whole contrary to sections 1 and 43 of the Rules or
Professional Ethics of the ACAIQ.
2nd count: As of June 21, 2002, with respect to an
immovable, failing to practice his profession with
prudence, diligence and competence, participating
in an act in real estate matters which may be illegal
or which cause prejudice to the public or to the profession and failing to advise and inform with objectivity his client and a party to a transaction referred
to in section 1 of the Act, namely by:
a) representing to the seller and to the buyer that
the signing of a brokerage contract with his own
broker would protect the seller in case the former
broker claimed compensation following the sale
of the immovable;
b) having the owner, represented by an authorized
person, sign a brokerage contract with the purpose of carrying out a sale with the buyer;
the whole contrary to section 1, 13 and 26 of the
Chantal Peltier
File: 33-05-0805
NOTICE is hereby given that Mr. Raymond Duclos,
chartered real estate broker (Certificate No. C1301),
formerly employed by or authorized to act on behalf of Immeubles Sherbrooke, whose establishment
is located at 200, rue du Bord de l’Eau in SainteCatherine-de-Hatley, has notably been found guilty
1st count: on or around September 25, 2002, participating in an act or practice in real estate matters
which may be illegal or which may cause prejudice
to the public or to the profession, namely by authorizing the illegal or premature withdrawal from the
trust account of the brokerage firm which he managed of a sum totalling $1,415, the whole contrary to sections 1 and 13 of the Rules of Professional
Ethics of the ACAIQ.
3rd count: on or around October 10, 2002, misrepresenting information during an inquiry conducted by
the syndic, namely by falsely stating the following:
“When the syndic mentioned a withdrawal of
$1,415 from the trust account in September that did
not seem to be linked to any transaction, I immediately contacted the bank and had the error corrected. I was not aware of this withdrawal from the account and everything was done by the bank without
my authorization”;
On January 12, 2006, the Discipline Committee ordered a suspension of Mr. Normand Véronneau’s
certificate for a period of thirty (30) days on these
counts of the complaint, to be served concurrently and to take effect whenever he applies for reinstatement of his certificate or the issuance of a new
certificate.
On December 21, 2005, the Discipline Committee ordered a suspension of Mr. Raymond
Duclos’ certificate for a period of six months on
the 1st count of the complaint, and for a period of
six months on the 3rd count of the complaint, to be
served consecutively, to take effect whenever he
applies for reinstatement of his certificate or the issuance of a new certificate.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. February 23, 2006. The suspension of Mr. Normand
Véronneau’s affiliated real estate agent certificate
will therefore become effective whenever he applies
for reinstatement of his certificate or the issuance of
a new certificate, for a period of thirty (30) days.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. February 10, 2006. The suspension of Mr. Raymond
Duclos’ chartered real estate broker certificate will
therefore become effective whenever he applies for
reinstatement of his certificate or the issuance of a
new certificate, for a period of one year.
Chantal Peltier
Chantal Peltier
The decision of the Discipline Committee is enforceable from the appeals deadline, i.e. December 8, 2005.
The suspension of Mrs. Line Laquerre’s chartered
real estate broker certificate is therefore effective as
of December 8, 2005 for a period of thirty (30) days.
15
4-49336_PubACAIQ_FEV06
2/2/06
6:38 PM
Page 2
“If you choose
to be an agent,
be one that sells.”
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www.propriodirect.com/standout

falsely taking a property off the market

Transcription

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