in the forecast - Association des courtiers et agents immobiliers du

Transcription

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Volume 5 | Number 2
July 2006
THE PUBLICATION FOR QUÉBEC REAL ESTATE BROKERAGE PROFESSIONALS
PROFESSIONAL PRACTICES SERIES
Publication
What a broker or agent needs to know
Elections to the ACAIQ
when buying or selling
for himself
of sold price
Page 3
Board of Directors
Page 7
Page 4
2006 ACAIQ Education Event
On April 25 and 26, 2006, for the eight consecutive year, the Association des courtiers et agents immobiliers du Québec held its ACAIQ Education Event,
this time in Québec City. Some 350 participants attended the various conferences, including one by economist Maurice Marchon (see below). Also in this
issue regarding this annual event, you will find articles on the presentation by comedian Patrick Labbé, who bravely replaced Paralympic athlete Chantal
Petitclerc on less than 24 hours’ notice, as well as on “The Four Pillars of Success in Real estate”, a presentation by François Gagnon.
spike in energy costs, has gone up by 3% in two
years. In 2005, American consumers absorbed
soaring energy costs by borrowing against the
equity in their homes, but 2006 will be more
problematic. Although it will be more difficult,
we should not panic as the net worth of Canadian
households is 5.1 times their disposable income
due to the increase in home values.
It’s not going to fall, repeated Mr. Marchon,
but it will drop somewhat. Job creation remains
adequate, despite the fact that salaries are
increasing very little and consumers have less
borrowing power and therefore will consume less
than before. My optimism, he added, comes from
the fact that we are not seeing any inflationary
Housing starts, which react to average
pressures, which means we can bear debt ratios
home prices, peaked in 2004, were excellent in
of 5 to 6%.
2005 and will remain strong in 2006 despite the
Despite interest rate hikes in the short term,
slowdown. The year 2006 will be a transition
Maurice Marchon
period. While house
reckons that since
value hikes will taper off,
Despite interest rate hikes in the
1987, variable rate
he added, they will not
short term, Maurice Marchon
mortgages have
become flat or negative.
reckons that since 1987, variable rate been and remain
Rather, Maurice Marchon
more advantageous
believes that they will
mortgages have been and remain
for consumers than
stabilize between 3 and
more advantageous for consumers
five-year fixed-rate
4% in 2006-2007 and
than five-year fixed-rate mortgages. mortgages. He also
that this is a good thing
mentioned that
compared to the 9 and
the condo market is a bit saturated. And finally,
10% we have seen here.
Consumers are over-levered at 125% of their even if consumption does decelerate, corporate
investment will take up part of the slack. Canadian
disposable personal income and the accessibility
index has dropped. The portion consumers allot to and American companies are in very good
mortgage and other loan repayment, added to the financial health.
in the forecast
A
lthough he is the first to admit that
forecasters are not clairvoyant,
Maurice Marchon remains one of
the best-known, most oft-quoted and consulted
experts in Québec when it comes to the economy.
A professor at the Montréal’s École des hautes
études commerciales, Mr. Marchon gave us his
forecast for the real estate market and interest
rates, a summary of which is provided below.
Publisher
Association des courtiers et agents immobiliers du Québec
Members of the Board of Directors
Elected Chairman
Serge Brousseau
The real estate market
Elected Directors
Robert Aubin
Georges Bardagi
Diane Bourbonnière
Raymond Desbiens
Let us first say that Maurice Marchon does
not predict a real estate crash, since the key
factor to support the real estate market remains
employment growth, which is currently at 1.6%
in the United States. Since 2003, home values in
the United States have increased by 17%. From
December 1995 to 2005, the average growth of
home values was 7.8% in the US, 8.1% in Canada
and 10.2% in Montréal. From February 2005 to
February 2006, it fell to 5.7% in Montréal, but
continued to explode in Western Canada. In
February 2006, the average value of homes
in US dollars was $256,000 in the
United States, $353,000 in Toronto
and $205,000 in Montréal.
Richard Dion
David Farber
Daniel Pelchat
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
PRINTED ON
RECYCLABLE
PAPER
Continued on page 2...
Publications Mail • Agreement No. : 40065526
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
6300 AUTEUIL, SUITE 300, BROSSARD (QUÉBEC) J4Z 3P2
TELEPHONE: (450) 676-4800 OR 1 800 440-5110 • FAX: (450) 676-7801
[email protected] • WWW.ACAIQ.COM
LEGAL DEPOSIT:
BIBLIOTHÈQUE ET ARCHIVES NATIONALES DU QUÉBEC,
LIBRARY AND ARCHIVES CANADA • ISSN 1703-9800
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Employment Opportunity
Notice of suspension of certificate
A SSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
A SSOCIATION DES COURTIERS E T AGENTS IMMOBILIERS DU QUÉBEC
File: 33-05-0819
NOTICE is hereby given that Mr. Pierre
Bellemare, chartered real estate broker (Certificate No. C1582), whose establishment is located at 3870, rue des Champs in Trois-Rivières, 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: In August and September 2003, failing
to demonstrate integrity, committing acts that are
derogatory to the honour and 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 using his trust account without legitimate justification or for convenience, i.e.:
The Office of the Syndic of the Association des courtiers et agents immobiliers du Québec is currently
seeking candidates to fill the following position:
An optimistic forecast
ASSISTANT SYNDIC
Under the general supervision of the Syndic, the incumbent shall assume the role of investigator
and plaintiff against members of the Association charged with disciplinary offences. The Assistant
Syndic receives and analyzes requests for investigation, investigates, reports, files the complaint and
prepares the disciplinary hearing, assists the prosecutor in the disciplinary process and acts as
advisor and mediator.
Job Profile
Oversight and conditions
a) on or around August 7, 2003, by depositing in
said trust account a cheque issued by a city apparently in the amount of ninety-seven thousand
one hundred fifty-four dollars and ninety cents
($97,154.90) payable to “Pierre Bellemare
(MR.)” (sic);
Position of a professional nature carried out independently and requiring frequent travel.
b) on or around August 21, 2003, by blindly following the instructions of a third party and by transferring funds in the amount of seventy thousand
dollars ($70,000), from the sum held in trust, to
a third party’s bank account;
•
c) on or around August 21, 2003, by issuing to
a company under his control a cheque in the
amount of twelve thousand six hundred thirtytwo dollars and fifty-eight cents ($12,632.58)
from the sum held in trust and by depositing
said cheque in the account of the company
in question;
d) on or around August 26, 2003, by blindly following the instructions of an alleged third party, and
by transferring funds in the amount of eight thousand five hundred dollars ($8,500) from the sum
held in trust to a third party’s bank account;
e) on or around September 9, 2003, by issuing to
a company under his control a cheque in the
amount of five thousand nine hundred fortyseven dollars and thirty-two cents ($5,947.32)
from the amount held in trust and by depositing
said cheque in the account of the company
in question;
Knowledge and training
•
•
•
•
•
•
•
•
•
•
•
•
Real estate agent or broker certificate (at least 3 years mandatory)
College diploma in business administration or equivalent experience
Fluency in spoken and written French
Knowledge of spoken and written English
Knowledge of the Act, Regulations and Rules of Professional Ethics governing
Québec real estate brokerage
Knowledge of Civil Code, Professional Code and related statutes
Computer skills (Office Suite)
Experience in investigation an asset
Personal and professional skills
Judgement and discernment
Sense of priorities
Attention to detail
Firmness, tact and diplomacy
Loyalty and discretion
On March 23, 2006, the Discipline Committee
ordered a suspension of Mr. Pierre Bellemare’s
certificate for a period of two years on these
counts of the complaint, to be served concurrently and to take effect whenever he applies for issuance or reinstatement of his certificate or any category of certificate.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline,
i.e. April 28, 2006. The suspension of Mr. Pierre
Bellemare’s chartered real estate broker certificate will therefore become effective whenever he
applies for issuance or reinstatement of his certificate or any category of certificate, for a period of
two (2) years.
Although interest rates may increase somewhat,
as long as there is no inflation and the economy
does not grow more quickly than its potential,
there is not a banker on earth crazy enough to
continue raising interest rates in a way that would
kill the economy, asserts Maurice Marchon. The
only factor that could push a bank to kill its
economy by triggering a recession would be an
inflation problem. So far, no one has found any
other way. Even if such a scenario, as improbable
as it may be, cannot be entirely ruled out, Mr.
Marchon remains optimistic, showing charts in
support, since inflation is under control. The risk of
an inflationary explosion like we saw at the end of
the 1970’s is very low.
In concrete terms, Maurice Marchon believes
that we are at the end of the monetary crunch in
the United States and Canada. The objective of
slowing down the economy without triggering
a recession will soon have been reached. In the
United States, he believes the increase in interest
rates should level off at 5 or 5 ½%. The Bank of
Canada, for its part, will probably go as high as
4 ½%. Once these levels are reached, banks will
simply wait and see how the economy reacts,
says Mr. Marchon. If the economy is unexpectedly
slow, they will bring the interest rates back
down. However, if the economy is faring well,
these interest rates will be maintained or slightly
increased.
Visit our website for a complete outline of his
conference “Economic and financial forecast for
2006-2007 in an international context”.
Interested candidates may send their CV to:
ACAIQ
the whole contrary to sections 1 and 13 of the
Rules of Professional Ethics of the ACAIQ and to
section 12 of the Real Estate Brokerage Act.
2nd count: On or around September 8, 2003,
failing to demonstrate integrity, committing an act
that is derogatory to the honour and 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 attempting to deposit in an account at a financial institution held by a company
under his control, a cheque issued by a third party, apparently in the amount of fifty thousand nine
hundred dollars ($50,900) and made to the order
of Pierre Bellemare without legitimate justification or for convenience, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of
the ACAIQ.
...Cont’d from page 1
c/o Magalie Odnéus • Human Resources Agent
6300 Auteuil St., Suite 300
Brossard, Québec J4Z 3P2
Fax: (450) 676-1971
[email protected]
Note: We thank you for your interest in this position, however, only those candidates being considered will receive an acknowledgement of receipt.
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This notice is given in accordance with section
137 of the Real Estate Brokerage Act (R.S.Q., c. C73.1).
w w w. d p l m . c o m / a c a i q
Brossard, May 1, 2006
Chantal Peltier
Discipline Committee Secretary
CONTEST
The winner of the wine cabinet
including 34 bottles of wine
totalling a value of $1,000 is:
Guy Messier (La Prairie)
Partner Program ACAIQ
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2
July 2006 | INFO ACAIQ
Publication
When can the price at which a property
has sold be published without violating
the confidentiality rules contained in the
promise to purchase?
The ACAIQ’s position is the following: as long
as the act of sale has not been published in the
land register, the price indicated in the act of sale
constitutes confidential information and must be
treated as such by real estate brokers and agents.
They may not make this price public without the
written consent of the parties to the transaction,
nor use it in any advertising or allow anyone
else to do so.
Clause 9.3 of the mandatory brokerage
contract form gives a broker the right to advertise
the fact that a property is for sale or has been
sold. Naturally, such authorization is subject
to compliance with the laws and regulations
applicable to each case.
A sale is not officially recognized until the
act of sale has been signed and published in
the land register. Should a sale abort prior to its
publication in the land register, the seller could
be at a disadvantage in negotiations with new
buyers, who would already know the price that
was accepted.
If that is the case, how come a broker or
agent can communicate the sold price
indicated in the act of sale to his real estate
board’s MLS as soon as the conditions
are lifted?
The sold price is part of the non-public component
of MLS, which is only accessible to members. They
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bank of “SOLD” properties is only accessible to
members of the profession and cannot be used for
advertising nor be made available to the general
public, including via a website. ◆
“SOLD” rules
(Applies only once all conditions are fulfilled.)
Periodicals, newspapers and Internet
• Advertising an immovable as “SOLD” until the signing of the act of sale is allowed, even
if the brokerage contract is expired.
• Make sure advertisements are kept up to date by indicating that the immovable is “SOLD”.
• The price indicated must be the same as the price appearing in the brokerage contract and
not the one shown on the accepted promise to purchase.
Sign
Must be removed immediately at the earliest of: the expiration of the brokerage contract or
the signing of the act of sale.
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need to know that the property has been sold in
order to be able to stop offering it to potential
buyers right away. They must also know the sold
price in order to establish reliable comparables
and set realistic prices for new listings. The
3
What a broker or agent needs to know
when buying or selling
for himself
Recorded sales
since 1986
More t he n 1 m il l io n
photos
E
ach year, the Info ACAIQ telephone information center receives numerous calls
from real estate brokers and agents who
wish to buy or sell a property for themselves and
want to know what the Real Estate Brokerage Act
has to say in this regard, in order to make sure the
transaction complies with the regulations. Please
note that under section 22 of the Act, an agent or
broker must disclose his quality as broker or agent
in all cases.
Based on the principle that an agent who
buys for himself or sells his own property is not
acting as an intermediary, here is a quick summary
of five potential scenarios:
6 0 d ay n o t i c e s
Resumption of
finances
Succession
Telephone
prospection list
Postal messages
li s t
The comparables
generator
1. A broker or agent wishes to buy directly
from an owner (FSBO).
In this scenario, there is no brokerage contract
and no intermediary. Therefore, there can be no
compensation.
Here, the broker or agent has the following
obligations:
• Disclose his quality as broker or agent in accordance with section 22 of the Real
Estate Brokerage Act.
• Act in good faith.
• Take all necessary steps to avoid causing a
prejudice to the seller.
• Advise the seller to get representation or use
his own agent.
The ACAIQ recommends to act prudently. Members
should use ACAIQ forms and amend the promise to
purchase by crossing out the words “through _______,
real estate broker, represented by ________” from
clause 2.1 and to cross out clause 7.3.
2. A broker or agent wishes to buy his
own listing.
In this second scenario, the agent or broker must
terminate the brokerage contract. At that point,
there is no intermediary, therefore there can be no
compensation.
All ACAIQ obligations and recommendations
listed in scenario 1 above apply.
3. A broker or agent wishes to buy the
listing of an agent from the same office.
In this third scenario, the buying agent is not an
intermediary. He is not acting on behalf of the
broker and is not entitled to compensation.
However, since the contract is held by the
broker, he is entitled to compensation as
listing broker.
The buying agent may be represented
by another agent. In this case, the collaborating
broker will be entitled to compensation.
In addition to the obligation to disclose
one’s quality as broker or agent, the ACAIQ
recommends that ACAIQ forms be used. Clause
2.1 of the promise to purchase should indicate the
name of the broker and the agent representing
the buying agent or, if not represented, the name
of the listing broker or agent. The name of the
buying agent must never appear in clause 2.1 of
the promise to purchase.
4. A broker or agent wishes to buy another
broker’s listing.
Here again, an agent buying for himself is not
an intermediary. He is not acting on behalf
of the broker and therefore is not entitled to
compensation.
The buying agent may be represented
by another agent. In this case, the collaborating
broker will be entitled to compensation.
The buying agent or broker must fill out
the notice of disclosure and have it signed by
the seller at the first opportunity, i.e. before
the seller enters a contract agreement. He
must therefore fill out the notice of disclosure
and have it signed by the prospective contracting party (seller) prior to the acceptance of the
promise to purchase.
And finally, the ACAIQ recommends
that ACAIQ forms be used and that clause
2.1 of the promise to purchase be amended,
depending on whether or not the agent is
represented. Clause 2.1 of the promise to purchase should indicate the name of the broker
and the agent representing the buying agent
or, if not represented, the name of the listing
broker or agent. The name of the buying agent
must never appear in clause 2.1 of the promise
to purchase.
5. An agent or broker is selling his
own immovable.
In this last case again, the selling agent is not an
intermediary. He is not acting on behalf of the
broker and is not entitled to compensation.
The agent may give the brokerage contract
to his own broker and be represented by a colleague. He may also give the contract to another
broker. Either one is entitled to compensation.
• IT IS NOT RECOMMENDED for a real
estate agent to act as listing agent for his
own immovable (section 5 of the Rules of
Professional Ethics of the ACAIQ). The legality
of the brokerage contract when the agent
designates himself as the listing agent could
be called into question (contract concluded
by the agent with himself and absence of
intermediary).
• If the agent still chooses to list his own
immovable and drafts a brokerage contract
in which he is designated as his broker’s
representative, he must check with his insurer
whether his professional liability insurance will
cover the transaction. In addition, this agent
is bound by all the obligations of a listing
agent, notably all ethical obligations towards
buyers and the agents representing them,
including the obligation to collaborate.
Daily updates
Available 24/7
www.century21quebec.com
® and TM Registered trademarks of Century 21 Real Estate Corporation used under license. Each office is independently owned and operated.
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4
• Due to the conflict of interest, NO
AGENT listing their own property may
represent the buyer.
• In such a case, the agent must refer
the buyer to a broker in order to get
representation. If the buyer refuses, the
agent may give the forms to the buyer
(e.g. Promise to Purchase, Annex G,
Annex A, Annex B) for him to fill out
himself. However, he should keep proof
in the file to the effect that he duly notified the buyer that he could not represent
him in any way or draft the documents
for him.
• The agent or broker must disclose his quality (sect. 22 of the Real Estate Brokerage
Act) at the first opportunity, i.e. before
the buyer enters a contract agreement.
He must therefore fill out the notice of
disclosure and have it signed by the
prospective contracting party (seller)
prior to the acceptance of the promise
to purchase.
A continuing education
activity to find out more
The five scenarios summarized above come from
an ACAIQ continuing education activity entitled
“The broker or agent who buys or sells”. This
activity helps clarify various principles that come
into play when a real estate broker or agent has an
interest in a real estate transaction. To register for
this activity, visit www.acaiq.com. ◆
Nathalie Clément, 2006 winner
of the
O
n April 25, 2006, Nathalie Clément
was presented with the Québec Real
Estate Brokerage Award by 2005
winner Bernard Girard. The awarding of this
coveted medal took place before a crowd of
400 in the ballroom of Québec City’s Château
Frontenac as part of the 2006 ACAIQ
Education Event.
On this occasion, Nathalie Clément
was showered with praise. Bernard Girard
underscored her radiant energy, easy availability
and innate listening skills and tact, as well
as her dedication to knowledge sharing and
professional development. She was also cited
for her high ethics and uncommon social and
professional commitment.
Since 1997, she has been the manager
and owner of La Capitale du Mont-Royal, in
Montréal. Her eight years at the helm have seen
a more than five-fold increase in the number of
agents assigned to her office. Letters of support
for her nomination highlighted the quality of
the professional support she provides to some
60 agents in her office and the monthly training
sessions she organizes for them.
A constant source of motivation and
inspiration to her staff, Nathalie Clément’s
social, professional and cultural commitment
is just as exemplary. A member of the Multiple
Listing Committee of the Greater Montréal
Real Estate Board and the MLS Committee and
Internet Network Committee of La Capitale,
Nathalie Clément is also active on the local
scene. In addition to sitting on the Mont-Royal
Avenue committee and participating in her
neighbourhood’s business events, she supports
social and cultural events such as vernissages and
the visual arts event “Nuit blanche sur tableau
noir”. An inventive and creative individual, she
has organized events that have been praised by
elected municipal officials, including the photo
contest “Objectif Plateau” and the activity “Une
citrouille pour un dessin”. ◆
Nathalie Clément with the Chairman of the Board of the ACAIQ,
Serge Brousseau, and the 2005 winner of the Québec Real
Estate Brokerage Award, Bernard Girard (Photo: Zonart7)
쵧
Québec Real Estate
Brokerage Award
5
Need
File: 33-04-0742
NOTICE is hereby given that Mrs. Johannah Lloyd,
affiliated real estate agent (B5999), employed by or
authorized to act on behalf of Royal LePage Elite,
chartered real estate broker (C9615), whose establishment is located at 50 Saint-Charles Blvd., Suite
16, in Beaconsfield, has notably been found guilty
by the Discipline Committee of the Association des
courtiers et agents immobiliers du Québec of the offence summarized below:
2nd count: Between March 28 and March 30, 2002,
abusing other members’ good faith and using unfair
practices against them, notably by:
falsely representing to the real estate agents, that
an immovable was not available for a visit until April
1, 2002, after the Easter weekend, while having
a purchaser visit the immovable with her on
March 30, 2002;
a standard clause?
A
re you looking for a standard clause? Visit
Synbad, the ACAIQ extranet (https://synbad.
com/cgi-bin/WebObjects/Extranet). It contains 23
clauses for your use:
1. Caution: photos of inside immovable and
open houses
2. Penalty
3. Exclusion of Legal Warranty of Quality
4. Waiver of Right to Have Immovable Inspected
5. Price Reduction
6. Cancellation of Promise to Purchase Following Immovable’s Inspection
7. Release and Discharge
8. Off the Market
the whole contrary to section 43 of the Rules of
Professional Ethics of the ACAIQ.
9.
10.
11.
12.
13.
14.
15.
16.
Counter-Proposal to a Second Promise to
Purchase
Further Inspection
Reduced Compensation
Exclusion of Warranty for Fireplaces, Stoves,
Combustion Appliances and Chimneys
Review of Documents By Buyer
Buyer’s participation in the enterprise’s
operations
Expert report requested by the buyer
Expert report in the seller’s hands
A FIRST IN QUEBEC!
On April 12th, 2006, the Discipline Committee ordered the suspension of Mrs. Johannah Lloyd’s
certificate for a period of thirty (30) days on this
count.
Purchase of a home
The decision of the Discipline Committee is enforceable from the date of the appeals deadline
i.e. May 23rd, 2006. The suspension of Mrs.
Johannah Lloyd’s affiliated real estate agent certificate is therefore effective as of May 23rd, 2006,
for a period of thirty (30) days.
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File: 33-05-0868
NOTICE is hereby given that Mr. Joël Germain
Charles, affiliated real estate agent (Certificate No.
B4378), employed by or authorized to act on behalf of Century 21 Suprême inc., chartered real estate broker (Certificate No. C8896), whose establishment is located at 9708, 4e Rue, Suite 204 in
Montréal, 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 and 2nd mortgage
Chartered Real Estate Broker
This notice is given in accordance with section 137
of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, May 23rd, 2006
17. Conforming promise to purchase – Additions
to the brokerage contract and the detailed
description sheet
18. Verification of septic systems
19. Verification of zoning
20. Zoning change or permit
21. Work to be performed by the seller
22. Deposit agreement
23. Proof of availability of funds or equity in case
of cash sale ◆
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1st count: In October 2003, with respect to an
immovable, failing to demonstrate integrity, participating in an act that is derogatory to the honour and
dignity of the profession, participating in a practice
in real estate matters which may cause prejudice to
the public or to the profession, namely by:
a) on or around October 12, 2003, falsely
representing to the prospective buyer that she
needed to pay him the sum of ten thousand
dollars ($10,000.00) as part of the transaction
concerning this immovable;
b) starting on or around October 13, 2003,
keeping for his personal use the amount of ten
thousand dollars ($10,000.00) received from
the prospective buyer as part of the transaction
concerning this immovable;
the whole contrary to sections 1 and 13 of the Rules
of Professional Ethics of the ACAIQ.
On February 7, 2006, the Discipline Committee ordered a suspension of Mr. Joël Germain Charles’
certificate for a period of six (6) months on this
count of the complaint.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e.
March 17, 2006. The suspension of Mr. Joël Germain Charles’ affiliated real estate agent certificate is therefore effective as March 17, 2006 for a
period of six (6) months.
Brossard, March 17, 2006
Chantal Peltier
쵧
6
Jean-Guy Labrèche
2004
Bernard Girard
2005
Nathalie Clément
2006
Congratulations to these 3 La Capitale laureates who were awarded
the Quebec Real Estate Brokerage Award.
www.lacapitalesells.com
Elections
Helping You
to the ACAIQ
Board of Directors
D
iane Bourbonnière and Georges Bardagi were respectively re-elected and elected to the ACAIQ
Board as directors for the Montréal region. Richard Dion was elected to the position of director for
the Québec region.
Other candidates included Robert Deschamps and Georges Halasz for the Montréal region, as well
as Robert Chabot and Pierre Paradis for the Québec region. The counting of the votes took place on
May 30 at the Association’s offices in Brossard.
Running unopposed for the position of director for the Eastern and Central regions respectively,
outgoing candidates Raymond Desbiens and Daniel Pelchat were re-elected by acclamation at the close
of the nomination period on Friday, March 17, 2006. ◆
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Erratum
A
n error has slipped into the article entitled “Court issues deterring decision”, appearing on page 3
of the March 2006 edition of Info ACAIQ.
This summary of a decision on illegal brokerage stated that a $10,000 fine had been levied against
the company on whose behalf the defendant was acting. The amount should have read $1,000,
not $10,000. ◆
5
25
*
Call your local Royal LePage office or visit
www.royallepage.ca/careers
to see how Royal LePage can Help You today.
*R
Ensures...
Real-life case
We compensate victims of fraud, dishonest transaction or
misappropriation of funds or other property which, under the
Real Estate Brokerage Act, must be deposited in a trust account.
Situation resulted in compensation
We cover acts committed in the course of transactions carried out
through a real estate broker or agent who is a member of the
ACAIQ.
The maximum compensation is $15,000 per brokerage
transaction eligible for a claim. Please note that the claimant
must file his application in the year following the date at which
he was apprised of the facts giving rise thereto.
... and reassures
Ask for our folder explaining the protections offered to the
public and the benefits of dealing with a real estate broker or
agent, and distribute it to your clients. They will appreciate this
added value.
We also have booklets of trust account receipts available to real
estate brokers and agents.
Please do not hesitate to contact us!
lE t t B k
The Fonds d’indemnisation du courtage immobilier
recently compensated someone who had been the victim of
embezzlement by a real estate agent.
This person had contacted a real estate agent in order to
purchase an income property, which she was also to occupy.
The agent convinced her instead to buy two properties owned by
himself and, by concealing essential information regarding the
evaluation of these properties and the income they produced,
he was able to get his client to pay much higher a price for these
properties than their actual value.
She turned to the Fonds d’indemnisation du courtage
immobilier. Following its investigation, the Fonds
d’indemnisation, deeming that the agent by his actions had
wilfully tried to deceive his client with the intention of depriving
her, granted her the maximum compensation amount of
$15,000.
The Fonds d’indemnisation is a body whose sole purpose is the
protection of 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 St., Suite 300, Brossard (Québec) J4Z 3P2
Tel.: (450) 676-4800 or 1 800 440-5110
Fax: (450) 676-7801
[email protected] | www.indemnisation.org
쵧
7
Hidden Defects Insurance
Fonds d’assurance responsabilité professionnelle de l’ACAIQ
One last step
for real estate brokers and agents
before operations can begin
idden defects insurance is a new
product available to buyers of
residential properties containing
five dwelling or less. As real estate brokers
and agents will surely be solicited to
provide information about this product, the
ACAIQ would like to make the following
clarification.
At the time of going to press, we still did
not know the exact date when this licence will be
issued. Brokers who are required to subscribe to
the Insurance Fund will receive all the information
they need at least 30 days before their current
professional liability insurance policy
becomes due. ◆
Limitation of the role of real
estate brokers and agents
Since real estate brokers and agents are not
authorized to distribute insurance products,
they are limited to providing the contact
information of duly authorized insurance
broker, for example by giving the buyer the
broker’s business card. At no time can real
estate brokers and agents provide information describing the product, including by
handing out brochures or other literature, or
in any way discuss the opportunity for their
clients to purchase this coverage. ◆
File: 33-05-0847
NOTICE is hereby given that Mr. Sean Murphy,
affiliated real estate agent (C3286), employed
by or authorized to act on behalf of Royal LePage
Groupe Newton inc., chartered real estate broker
(C9192), whose establishment is located at 5765
Monkland Avenue, in Montréal, was found guilty
by the Discipline Committee of the Association des
courtiers et agents immobiliers du Québec of the
offences summarized below:
1st count: On or around October 18 and 19,
2003, with respect to an immovable, failing to
provide fair treatment to the prospective buyer,
party to a transaction referred to in section 1 of the
Act, namely:
a) by not disclosing diligently to her real estate
agent, the existence of a promise to purchase;
b) on October 18, 2003, by contacting a third
party to disclose an information obtained from
a real estate agent, implying that a promise to
purchase had been signed by a prospective buyer
and suggesting she should make an offer before
October 19, 2003;
Professional Ethics of the ACAIQ ;
2nd count: On or around October 18 and 19,
2003, with respect to an immovable, abusing another
member’s good faith, using unfair practices against
him and using to his own advantage information
that he received from him, namely:
a) by not disclosing diligently to the collaborating
agent, the existence of a promise to purchase;
b) on October 18, 2003, by contacting a third
party to disclose an information obtained from
a real estate agent, implying that a promise to
purchase had been signed by a prospective buyer
and suggesting she should make a promise to
purchase before October 19, 2003;
the whole contrary to sections 43 and 48 of the
Rules of Professional Ethics of the ACAIQ.
On February 10th, 2006, the Discipline Committee
ordered the suspension of Mr. Sean Murphy’s
certificate for a period of fifteen (15) days on these
two counts, to be executed simultaneously.
The decision of the Discipline Committee is
enforceable from the date of the appeals deadline,
i.e. March 20th, 2006. The suspension of Mr. Sean
Murphy’s affiliated real estate agent certificate
is therefore effective on March 20th, 2006, for a
period of fifteen (15) days.
S
everal months ago, the Association des
courtiers et agents immobiliers du Québec
began a process to apply for an insurance
licence in order for the Professional Liability Insurance Fund to commence operations.
The By-Law amending the By-Law of the
Association des courtiers et agents immobiliers du
Québec, which fixes the annual premium payable
to the Insurance Fund, has now been published
in the Gazette officielle du Québec and came into
force on June 29, 2006. Therefore, the Autorité
des marchés financiers can now issue the Insurance Fund’s operating licence.
For additional information, contact:
Fonds d’assurance responsabilité
professionnelle de l’Association des courtiers et
agents immobiliers du Québec
6300 Auteuil Street, Suite 225
Brossard (Québec) J4Z 3P2
Tel.: (450) 656-5959 or 1 866 956-5959
Fax: (450) 656-5746
[email protected]
Marie-Chantal Thouin, General Manager of the Fonds
d’assurance responsabilité professionnelle de l’ACAIQ and Jean
Landry, Chairman of the Board of this new organization
(Photo: Zonart7)
File: 33-05-0799
NOTICE is hereby given that Mr. Francisco Silva,
chartered real estate agent (Certificate No. C2420),
employed by or authorized to act on behalf of Re/
Max Immobilia inc., chartered real estate broker
(Certificate No. A3344), whose establishment
is located at 2640 Henri-Bourassa Blvd. East
in Montréal, has notably been found guilty by
the Discipline Committee of the Association des
courtiers et agents immobiliers du Québec of the
violation summarized below:
2nd count: Between or around February 10, 2004
and or around May 6, 2004, failing to answer as
soon as possible correspondence from the assistant
syndic, the whole contrary to section 56 of the Rules
On March 14, 2006, the Discipline Committee
ordered a suspension of Mr. Francisco Silva’s
certificate for a period of 30 days on this count of
the complaint, to be served consecutively to the 90day and 30-day suspensions ordered in File 33-050798.
enforceable from the date of the appeals deadline,
i.e. April 19, 2006. The suspension of Mr. Francisco
Silva’s chartered real estate agent certificate for
a period of 30 days is therefore effective as of the
expiration of the first suspension period of 120 days
ordered in File 33-05-0798.
Brossard, April 19, 2006
Chantal Peltier
Brossard, March 20th, 2006
Chantal Peltier
쵧
8
A little notch
called pride
A
t the age of 35, this self-taught comedian – a father of five who studied at
the HEC rather than at the great theatre
schools and who found himself under the floodlights at the age of 15 whereas he dreamed of
becoming a hockey player or a farmer like his father – literally charmed the audience. Apologizing
right from the start for not being a guest of the
calibre of Chantal Petitclerc, whom he replaced at
a moment’s notice, Patrick Labbé says he doesn’t
consider himself artistic so much as resourceful.
He admires someone like Martin Deschamps, who
Comedian Patrick Labbé literally charmed the audience with his
authenticity. (Photo: Zonart7)
understood, as did Chantal Petitclerc, that success
comes from within.
person you need to know, recognize and accept. It
The theme of Chantal Petitclerc’s conference
means accepting your own set of skills, which will
being passion and determination, Patrick Labbé
always be different from everyone else’s, holding
stressed that, given his extreme shyness, the very
fast to your values, being there and listening.
fact that he was replacing the athlete on less than
Surprisingly, Patrick Labbé talked about real
24 hours’ notice was
estate during a good
in itself a formidable Patrick Labbé wants the agent repreportion of his presentaact of humility and of
senting him to share some of his values, tion. As the former owner
surpassing oneself.
of the Camp des artistes
to be respectful, to be able to listen and (which he founded
Each time you
surpass yourself, he
without any government
to have “a vision”.
said, you get to know
help), successively located
yourself a little better. But to do that, you have to
in Lac Beauport, Mont Sainte-Anne, Beaupré and
know and set your priorities, accept your role and
finally the Laurentians, he had to buy and resell
be resourceful, because in life you will always have
properties several times. In the course of these
to improvise.
transactions, he acknowledges having come
To illustrate this, Patrick Labbé gave a definiacross agents and brokers of all ilks, including the
tion of the word “surpassing”, noting the difference occasional “Gary Lamothe” (the nice but coarse
between the expressions “I completely surpassed
salesman he played in Virginie).
myself” and “I am completely surpassed”. “Myself”
Patrick Labbé wants the agent representing
is the operative word here, and your self is the
him to share some of his values, to be respectful, to
be able to listen and to have “a vision”. A question
like “What type of person would you like to sell
your property to?” is far from insipid. For him, a
property is much more than an investment. The
“vision” it projects or doesn’t project is essential:
“Can I see my children running here?” He made the
audience smile when he recognized that brokers
and agents must be incredibly versatile, combining the roles of lawyer, accountant, psychologist,
teacher and sometimes even social worker.
Talking about his profession as a comedian,
Patrick Labbé insisted on the words “vision”, “resourcefulness” and especially “presence”. To him,
the way you feel when you are working is all-
A SS O CI AT I O N D E S CO U RT I ER S E T AG EN T S I M M O B I L I ER S D U Q U ÉB EC
File: 33-05-0824
NOTICE is hereby given that Mr. Quang Sinh
Vuong, affiliated real estate agent (B2097), formerly
employed by or authorized to act on behalf of
Immeubles Mont Yen Canada inc. / Canada Mont Yen
Real Estate Inc., chartered real estate broker (A3680),
whose establishment is located at 1445 Le Corbusier
Blvd., suite 408, in Laval, has been found guilty by the
Discipline Committee of the Association des courtiers
and agents immobiliers du Québec of the offences
summarized below:
Counts No. 1, 3, 7, 13, 17, 19, 22 and 25:
Failing to send without delay to the manager of 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, contrary to section
147 of the By-law of the ACAIQ.
Count No. 27:
With respect to eight different immovables (collectively
hereinafter called “Properties”), failing to demonstrate
integrity, committing acts which are derogatory to the
honor and 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
the profession, namely by:
A) acting as a real estate agent for the acquisition
of the Properties by buyers of Asian origin
domiciled outside of Québec for six properties,
by a buyer of Asian origin domiciled in Montréal
for one property and buying for himself the last
property after an attempt, by a buyer of Asian
origin domiciled outside of Québec, to acquire it,
all of these buyers being interested in a property
combining the following criteria:
Counts No. 2 and 16:
Failing to, without delay and in writing, disclose his
quality as agent to the prospective seller identified
in a promise to purchase, in the manner prescribed
in sections 81 and following of the By-law of the
ACAIQ, contrary to sections 22 and 23 of the Real
Estate Brokerage Act.
a bungalow;
Counts No. 4, 9, 15, 20 and 26:
Failing to demonstrate integrity, participating 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, namely by signing as a witness to the
signature of various individuals, while knowing that
these individuals were not the ones who signed the
documents, contrary to sections 1 and 13 of the Rules
while he knew or should have known that the
purpose of these acquisitions was to grow
cannabis or to conduct other illicit activities inside
the Properties;
Counts No. 5 and 10:
Participating in an act or practice in real estate matters
which may be illegal or which may cause prejudice to
the public or the profession, failing to perform the
obligations he agreed to perform with diligence,
namely by writing the words “two thousand” on
section 4.2 of a promise to purchase, despite the fact
that no cheque was remitted to the Defendant at this
time and failing to remit, without delay, this amount
to the seller’s broker, contrary to sections 13 and 22
of the Rules of Professional Ethics of the ACAIQ.
Counts No. 6, 14, 21 and 24:
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 the profession, failing to disclose a factor of
which he had knowledge, that could unfavourably
affect prospective buyers or the object of various
transactions, namely by not disclosing in writing the
fact that properties had been used to grow cannabis,
contrary to sections 1, 13, 26, 28 and 29 of the Rules
Counts No. 8, 12, 18 and 23:
Participating in an act or practice in real estate matter
the public or to the profession, namely by indicating,
on brokerage contracts, that the sellers’ address was
in Québec, while knowing that they were in fact
domiciled in Ontario, contrary to section 13 of the
Count No. 11:
Not being in a position to prove the accuracy of the
information he provided to the sellers’ agent, namely
that a prospective buyer’s mortgage application had
been approved, contrary to sections 11 and 26 of the
located in Montréal’s close suburbs;
equipped with an attached garage or a carport in
one case;
for a purpose different than establishing their
residence;
B) by acting as a listing agent for the resale of the
Properties, except for one, while he knew or
should have known that for each of the Properties:
a) the immovable had been used to grow
cannabis;
b) superficial modifications, repairs or works had
been done or actions had been taken in order
to hide the stigmata left by the said growing;
and by:
i) letting buyers present promises to purchase
without disclosing that fact for four
properties;
ii) letting buyers conduct an inspection without
disclosing that fact for the same four
properties;
iii) letting buyers notarize the sale without
disclosing that fact for three of the four
properties;
contrary to sections 1, 13, 26, 28 and 29 of the Rules
On March 31, 2006, the Discipline Committee ordered
a permanent suspension of Mr. Quang Sinh Vuong’s
certificate on these counts of the complaint.
The decision of the Discipline Committee is enforceable
from the moment of its pronouncement, i.e. March 31,
2006. The suspension of Mr. Quang Sinh Vuong’s
affiliated real estate agent certificate therefore
becomes permanent as of March 31, 2006.
This notice is given in accordance with section 137 of
the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Chantal Peltier
쵧
important, because it determines whether or not
you will succeed. Your skills and values are what
make up “your” difference, and these same skills
and values are what will make “the” difference.
Coupled with a good dose of resourcefulness,
initiative and self-confidence, they will help you
improvise successfully. What you have learned by
rote is not what will make a difference.
And when you succeed in surpassing yourself,
as I am doing today, he added, you reach a little
notch above… and that is called pride. ◆
9
The four pillars of success
in real estate
F
rançois Gagnon is a seasoned
communicator and adept with the
colourful anecdotes. A father of seven, this
Quebecer who makes his home in Florida and has
also lived in France, says that Florida has 365,000
real estate agents and brokers for a population
of 14 million (double that of Québec). There, he
quips, if you don’t have a friend in real estate, you
just don’t have a friend.
He has more stories, including about France,
where at the time only simple mandates – not
exclusive mandates – were the norm. There
was no MLS and no commission-sharing, and
ads showed only the inside of homes for fear
that competitors would be able to identify the
property. After attending a training session on
American methods, an agent had convinced his
client to give him a simple mandate. He had then
called other brokers to discuss collaboration. Big
mistake. One of these brokers had immediately
Success
François Gagnon draw a lesson from his experience in Europe
and in the United States where he lives now. (Photo: Zonart7)
gone to see the owner and persuaded him to
cancel his contract, arguing that the agent was
obviously unable to sell the property himself if he
had to call other brokers to his aid.
People who succeed, according to François
Gagnon, are motivated by where they want to go
whereas those who fail get bogged down in how
to get there. How many times is an idea rejected,
not because of the idea itself, but because of
what one thinks about the person who suggested
it. The “non-collaboration” example observed in
France perfectly illustrates this lack of openness
to new ideas. However, the real estate market is
constantly changing and to adapt, one must be on
the lookout for any good idea. In fact each one of
us should have a book in which we jot down all
the good ideas we come across.
For François Gagnon, a winner knows how
to “stay green”, i.e. to stay “open”. A winner says
“Why not?” as he looks ahead to the results,
whereas a loser will say “Why should I?”, because
he is wondering how to go about it.
1st pillar: Planning
Planning means knowing what you are doing and
why. What is my goal and what am I prepared
to do to achieve it? What François Gagnon loves
about real estate is that we are all paid on results.
Imagine if you could do that with politicians…
Notice of suspension of certificate
File: 33-04-0776
employed by or authorized to act on behalf of Re/Max
Immobilia inc., chartered real estate broker (Certificate
No. A3344), whose establishment is located at 2640
Henri-Bourassa Blvd. East in Montréal, 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: On or around January 14, 2002, with
respect to a publication with the Multiple Listing
Service of the Greater Montreal Real Estate Board,
providing to the public and other members information
concerning an immovable which he knew to be false,
misleading or incomplete and of which he could not
demonstrate the accuracy, namely by mentioning on
this immovable’s detailed description sheet:
a) that the municipal evaluation of the building was
$206,000;
b) that it was a “divided” co-ownership property;
and
c) that the “majority” of the immovable had been
renovated;
Professional Ethics of the ACAIQ and section 103 of
the By-Law of the ACAIQ.
2nd count: Prior to the signing, on February
26, 2002, of a promise to purchase with respect to
an immovable, failing to disclose to the prospective
contracting party, without delay and in writing,
his quality as chartered real estate agent and the
direct or indirect interest he had in this immovable,
in accordance with the terms of sections 81 and
following of the By-Law of the ACAIQ, the whole
contrary to section 22 of the Real Estate Brokerage
Act;
3rd count: Between January 14 and February 26,
2002, with respect to an immovable, failing to inform
with objectivity a party to a promise to purchase of a
relevant fact or a factor that could unfavourably affect
the promise to purchase or the object of the projected
transaction, namely by concealing the fact that there
had been a fire in this immovable, the whole contrary
to sections 26 and 28 of the Rules of Professional
Ethics of the ACAIQ.
On January 25, 2006, the Discipline Committee
ordered a suspension of Mr. Francisco Silva’s
certificate for three consecutive periods of thirty (30)
days on these counts.
from the date of the appeals deadline, i.e. March 13,
2006. The suspension of Mr. Francisco Silva’s
chartered real estate agent certificate is therefore
effective as of March 13, 2006 for a period of ninety
(90) days.
BENEFIT GOLF TOURNAMENT
HOSTE D BY THE A SS O C I ATION DE S COURTIE R S ET AG EN TS IMMOBILIER S DU QUÉBE C
Tuesday, September 26, 2006
at Club de golf Saint-Jean
320, Jacques-Cartier, Saint-Jean-sur-Richelieu
Benefiting
Organized
by
Participants (If you are not part of a foursome, we will form one for you.)
CONTACT
1
Name:
Company:
Company:
Address:
Address:
Tel. :
2
3
Name:
E-mail:
Tel. :
4
Name:
Name:
Company:
Company:
Address:
Address:
Tel. :
E-mail:
Tel. :
Packages
Payment
(Select the package of your choice)
Amount payable:
Taxes included
A Dining cocktail
person(s) x $100
B Brunch, cart and golf
person(s) x $125
C Brunch, cart, golf and dining cocktail
person(s) x $225
E-mail:
Cheque included (broker only)
Certified personal cheque included
Credit card
Visa
Mastercard
(GST: 101 285 3722 – QST: R 131 952 210)
Cheque payable to “ACAIQ” or
“Association des courtiers et
agents immobiliers du Québec”
CARD NUMBER
Sponsorships
1 “Pennant” at tee-off: $300
EXPIRATION DATE
x $300
2 “Brunch” sponsorship: $2,500 *
$2,500
3 “Wine” sponsorship: $2,500 *
$2,500
4 “Cart” sponsorship: $3,000 *
$3,000
5 “Dining cocktail” sponsorship: $5,000 *
$5,000
SIGNATURE
DATE
Three ways to register
1. By fax
(450) 676-1971
*Includes four “ C ” package tickets.
Door prize(s) (BRIEF DESCRIPTION):
2. By phone
(450) 462-9800 or
1 800 440-7170, ext. 395
For sponsorship details, see reverse (or page 2 of electronic version). For additional information
or to reserve a sponsorship, please contact Mrs. Stéphanie Côté at (450) 462-9800 or
1-800-440-7170, ext. 447.
3. By mail
ACAIQ
6300, Auteuil, Suite 300
Brossard (Québec) J4Z 3P2
Donation to the Fondation:
E-mail:
$
(For donations, please issue a SEPARATE cheque to Fondation Jean Lapointe inc.)
Chantal Peltier
쵧
10
To get results, however, you have to ask
yourself three questions: “Do I love real estate?”,
“Why am I in real estate?” and “What results do I
want to achieve?”. The best brokers, says Gagnon,
meet with their agents every day and make sure
they are setting and pursuing clear objectives.
As an agent, it is important not to base
your planning on income, because money can be
scary. The best real estate agents do not base
their objectives on money but rather on number of
transactions. Money is scary, he repeats. The idea
of earning $200,000 or $300,000 can be dizzying,
but you only get dizzy if you look down. So look
up, not down.
A winner thinks in terms of mutual support,
mentoring, knowledge sharing. A loser thinks in
terms of defending his territory and competing.
Understanding what is going on in someone else’s
mind, especially that of a winner, can help you
understand what is going on in your own mind.
Why did you act this or that way? Why did you or
didn’t you do such or such a thing?
File: 33-05-0852
NOTICE
AVIS
estis donné
hereby par
givenlesthatprésentes
Mr. JeanqueHugues
M. Jean
StHuguesaffi
Pierre,
St-Pierre,
liated real agent
estateimmobilier
agent, (Certifi
affilié
cate(certiNo.
ficat n° C6913),
C6913),
formerlyautrefois
employed
à l’emploi
by or authorized
de ou autorisé
to actà
agir behalf
on
pour Re/Max
of Re/Max
Professionnel
Professionnel
inc., courtier
inc., chartered
immobilier estate
real
agréé (certifi
brokercat(Certifi
n° A3381),
cate No.
dontA3381),
l’établissement
whose
est situé au 1050,
establishment
is located
rue Principale,
at 1050,à Granby,
rue Principale
a notamin
ment étéhas
Granby,
trouvé
notably
coupable
been found
par le comité
guilty by
dethe
discipline
Discipline
de
l’Associationofdes
Committee
the courtiers
Association
et des
agents
courtiers
immobiliers
et agents
du
Québec des infractions
immobiliers
du Québecrésumées
of the offences
comme suit
summarized
:
below:
1er chef : Entre le 10 et le 13 août 2003, concernant
3rd pillar: Prospecting
Why does a real estate agent not prospect or get
discouraged after taking certain steps? Because,
and this is true about everything in life, he is
afraid of rejection and his attention is not properly
focused. He is thinking about “himself” rather
than the “other person”. You need to get away
from the “me, myself and I” as in “How could this
person say or do that to ME!”, which François
Gagnon illustrates with an anecdote that he says
changed his outlook on life.
One day at a butcher shop, he took a number
and ordered a kilo of ground beef. “We’re all out”,
said the butcher, and without missing a beat and
with no apology, yelled “NEEEXT!” Do you think
this butcher was kept awake at night thinking
nd
2 pillar: Motivation
about this? Did he feel an ounce of remorse? Do
Motivation is not out-and-out positivism.
the same. When you are rejected or someone
Motivation means understanding what motivates
hangs up on you. Say “NEEEXT!” and quickly
you to do something. Success, according to
move on to the next opportunity.
François Gagnon, is attained by those who make
Another aspect is that you can’t talk about
the greatest possible number of decisions that
prospecting
without talking about promotion.
serve their goal each day.
The
cost
of
self-promotion
represents about
For him, there are two types of real estate
15%
of
an
agent’s
sales
on
average. Remember,
agents, eagles and ducks. Eagles do their own
says
François
Gagnon,
that
you
have to convince
thing and remain focused on the goal. Ducks like
your
potential clients
to stay in groups
People
who
succeed,
according
to
François
that
the
value of the
and, though they
services
you
provide
will do anything to Gagnon, are motivated by where they want
is
way
superior
to
help you, they can to go whereas those who fail get bogged
the
percentage
or
be negative and
down
in
how
to
get
there.
How
many
times
price
you
are
asking.
sometimes have
difficulty perform- is an idea rejected, not because of the idea Think Giorgio Armani,
Ralph Lauren, Louis
ing.
itself, but because of what one thinks about Vuitton or Mercedes
François
the person who suggested it.
rather than Pete’s
Gagnon advises
corner store. Change
brokers to meet
your
positioning.
Many
real
estate agents are
one-on-one with agents who are experiencing
too
hasty.
They
want
to
give,
reply and help right
difficulties and ask them: “Where do you want to
away,
whereas
a
little
perspective
would often be
be in six months?” Tell them: “If I, as your broker,
benefi
cial.
am prepared to coach you, encourage you, advise
you, are you prepared to set an objective? If so,
let’s look at what you need to do to reach it.”
un
immeuble, ne
Between
pas avoir
August
assuré10
la protection
and 13, 2003,
de sa
1st count:
cliente,
with respect
ne pastoavoir
an immovable,
promu les intérêts
failing de
to cette
ensuredernthe
ière
protection
et ne pas
of his
l’avoir
client,
conseillée
to promote
et informée
her interests
avec and
objecto
tivité,
advisenotamment
and inform :her with objectivity, namely by:
a) en
failing
ne consignant
to include in
pas
writing
par écrit
in aàpromise
une promesse
to
d’achat,
purchaseque
thatdes
sonotubes
sonotubes
could
pouvaient
be inadequate
être inadéquats
under sous
the extension,
l’agrandissement,
as well asainsi
theque
description
la description
of “ades
few«little
quelques
jobs to
petits
finish”
travaux
mentioned
à finir »onmena
tionnés
detailedàdescription
une fiche descriptive;
sheet;
b) le
onou
orvers
around
le 12August
août 2003,
12, 2003,
en représentant
falsely representing
faussement
to a real
à unestate
agentagent
immobilier,
that theque
immovable
l’immeuble
could
ne
pouvait
not be visited
être visité
before
avant
1:0013p.m.
h, leon
13August
août 2003,
13,
alors
2003,qu’il
whereas
a lui-même
he himself
fait visiter
showed
l’immeuble
the immovable
à
d’autres
to other buyers
acheteurs
on August
le 12 août
12,2003;
2003;
4th pillar: Closing
Make sure the client likes the property, says
François Gagnon. If not, say “NEEEXT!”. If the
client likes it, get around the “We’ll think about
it” and “We’ll call you back”, often prompted
by fear (of the size of the investment, of the
transactional process, etc.) by helping the client
take the first step, in order to get beyond the
potential “no” and enter the realm of the “maybe”
and perhaps get closer to the “yes”.
According to François Gagnon, just like the
wheels in a gear, you have to synchronize yourself
with your client before you turn on the steam.
Your client is right, it is a big investment. Tell him
that rather than go home to think about it without
being in possession of all the facts, it would be
beneficial for him to examine the various aspects
with you.
This is where the “If’s” and “Would you’s”
come into play, the first question being “If” you
wanted to buy a house, what price would you
be prepared to pay? “If” the owner agreed to…
“would you…?” “If” your offer, loan or condition
were on the table, “would you…?”. These are
all questions that can help the client see more
clearly and, consequently, lead him toward what
is possible. They are used to de-dramatize the
problem, simplify the transactional process and
allay the fears. ◆
c) en
failing
n’informant
to informpas
a real
en temps
estateopportun
agent, in un
a timely
agent
immobilier,
manner, of the
de l’existence
existence ofd’une
a promise
promesse
to purchase
d’achat
alors
whereas
qu’ilaavait
visit of
ététhe
convenu
immovable
d’unehad
visite
been
de
l’immeuble
agreed to forpour
August
le 1313,
août
2003
2003
at à1:00
13 hp.m.
pourforuna
acheteur
prospective
pressenti;
buyer;
d) le
on13
August
août 2003,
13, 2003,
lors during
de la visite,
the visit,
en représentant
falsely
faussement
representingàtouna agent
real estate
immobilier,
agent that
que ledit
thereimhad
meuble
been a promise
avait faittol’objet
purchase
d’une
onpromesse
the immovable
d’achat
acceptée;
which had been accepted;
e) le
on13
August
août 2003,
13, 2003,
en nefailing
conseillant
to advise
pashis
à sa
client
cliente
de
to take
profiadvantage
ter du délaiofstipulé
the time
à une
period
promesse
indicated
d’achat
et
ond’attendre,
a promise to
avant
purchase
d’y répondre,
and to wait,
le résultat
beforede la
visite
responding,
d’un acheteur
for the outcome
pressenti;of the visit by a
prospective
buyer; aux articles 1, 24, 26 et 29 des
le tout
contrairement
the whole
Règles
de déontologie
contrary to sections
de l’ACAIQ
1, 24,
. 26 and 29 of the
Rules
of
Professional
Ethics
of
the
.
e
2 chef : Les ou vers les 12 et 13 ACAIQ
août 2003,
concerncount:
On ornearound
August
12 and
13, 2003,
ant
2nd un
immeuble,
pas avoir
accordé
un traitement
with
respect
an immovable,
to give
équitable
à untoacheteur
pressenti,failing
représenté
par fair
un
treatment
to a prospective
buyer,
agent immobilier,
notamment
: represented by a real
estate
agent,
namely
by:2003, en représentant faussea) le ou
vers le
12 août
a) on
or àaround
August
12, 2003,
representing
ment
un agent
immobilier,
quefalsely
l’immeuble
ne
to
a realêtre
estate
agent
that
could
pouvait
visité
avant
13the
h leimmovable
13 août 2003,
not
visited
before 1:00
p.m. on
August 13,
alorsbequ’il
a lui-même
fait visiter
l’immeuble
à
2003,
whereas
he himself
showed
d’autres
acheteurs
le 12 août
2003;the immovable
to other
buyerspas
on August
12,opportun
2003; un agent
b) en
n’informant
en temps
b) failing
to inform
a real estate
agent,
in a timely
immobilier,
de l’existence
d’une
promesse
d’achat
manner,
the existence
of aavec
promise
to purchase
alors qu’ilofavait
été convenu
l’intimé
d’une
whereas
a visit of thepour
immovable
had2003
beenàagreed
visite de l’immeuble
le 13 août
13 h;
with
the2003,
defendant
13,représentant
2003 at 1:00
c) leto13
août
lors deforlaAugust
visite, en
p.m.;
faussement à un agent immobilier, que ledit imc) on
August
13,fait
2003,
during
visit, falsely
meuble
avait
l’objet
d’unethepromesse
d’achat
representing
acceptée; to a real estate agent that there had
been contrairement
a promise to purchase
on the
le tout
à l’article
24 immovable
des Règles de
which
had
been
accepted;
déontologie de l’ACAIQ.
of
the
whole
contrary
of 2003,
the Rules
3e chef
: Les
ou verstolessection
12 et 1324août
concerProfessional
Ethics ofavoir
the ACAIQ
nant un immeuble,
abusé. de la bonne foi d’un
rd
autre
count:
membre,
Onavoir
or around
usé de August
procédés
12déloyaux
and 13, envers
2003,
3
with
celui-cirespect
et avoir to
tenté
and’obtenir
immovable,
un avantage
abusingindu
another
sur ce
member’s
membre, notamment
good faith,: using unfair practices against
him
gain2003,
an unfair
advantage
over him,
a) leand
ou seeking
vers le 12toaoût
en lui
représentant
namely
by:
faussement que l’immeuble ne pouvait être visité
One stop mortgage shopping
for entrepreneurs
a) on
avant
or around
13 h le 13
August
août12,
2003,
2003,
alors
falsely
qu’il representing
a lui-même
to
faithim
visiter
thatl’immeuble
the immovable
à d’autres
couldacheteurs
not be visited
le
before
12 août1:00
2003;
p.m. on August 13, 2003, whereas he
himself
showed the
to other buyers
b) en
ne l’informant
pasimmovable
en temps opportun
de on
August
12,d’une
2003;promesse d’achat alors qu’il
l’existence
b) failing
avait été
to convenu
inform him
avec
in al’intimé
timely d’une
manner
visite
agent
de of
the
l’immeuble
existencepour
of alepromise
13 aoûtto2003
purchase
à 13 h;
whereas a
the2003,
immovable
been agreed
to with the
c) levisit
13of
août
lors dehad
la visite,
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for
August
13,
2003
at
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p.m.;
ant faussement que ledit immeuble avait fait
Success should be rewarded... not penalized.
i declare , i declare.doc and i deserve mortgages give you more flexible options for your
TM
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The
bilierdecision
affilié de
of M.
the Discipline
Jean Hugues
Committee
St-Pierre
is enforceable
prendra
from
donc the
effetdate
au moment
of the appeals
d’une deadline,
éventuellei.e.
demande
March 13,
de
2006.
délivrance
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of Mr.deJean
son certifi
Hugues
cat, pour
StPierre’s
une période
affide
liated
trentereal
(30)estate
jours. agent certificate will
therefore
effective
whenever
he applies
Le présentbecome
avis est donné
en vertu
de l’article
137 defor
la
issuance
or
reinstatement
of
his
certifi
cate,
for
a period
Loi sur le courtage immobilier (L.R.Q., c. C-73.1).
of thirty (30) days.
independent-minded clients.
To find a Mortgage Consultant near you visit our
website at www.intelligencehypothecaire.ca
or call us at 1.877.775.3324
c) on
l’objet
August
d’une
13,promesse
2003, during
d’achat
theacceptée;
visit, falsely
representing
to him that
there had
promise
le tout
contrairement
à l’article
43 been
des aRègles
de
to purchase
on the immovable
which had been
déontologie
de l’ACAIQ
.
accepted;
Le 3 février 2006, le comité de discipline a imposé à
the
wholeHugues
contrarySt-Pierre
to sectionune43suspension
of the Rules
of
M. Jean
de son
Professional
Ethics
the ACAIQ
certifi
cat pour
troisofpériodes
de. trente (30) jours sur
On
ces February
chefs de 3,
la 2006,
plaintethe
à être
Discipline
purgées
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ordered
conacurrente,
suspension
et à prendre
of Mr.effet
Jean
au moment
Hugues
d’une
St-Pierre’s
demande
certifi
de délivrance
cate for ou
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de periods
reprise d’effet
of thirtyde(30)
sondays
certifioncat.
these
counts,
to beduserved
concurrently,
and est
to take
effect
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comité
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exécutoire
whenever
for issuance
reinstatement
of
à compter he
de applies
l’expiration
du délaiord’appel,
soit le 13
his
certifi
cate.
mars
2006.
La suspension du certificat d’agent immo-
Chartered real estate broker
A GMAC Company
This
noticeceis13given
accordance with section 137 of
Brossard,
marsin2006
Chantal Peltier
Brossard,
13, 2006
SecrétaireMarch
du comité
de discipline
Chantal Peltier
™ Trademark of Mortgage Intelligence Inc. ® Registered trademark of Mortgage Intelligence Inc. © Copyright 2005, Mortgage Intelligence Inc., all rights reserved.
쵧
11
Previous versions valid until December 31
Seven recommended forms
amended
Three other recommended forms were amended
following a review by the ACAIQ Forms Committee and will soon be available. These forms are:
• Annex B – Enterprise (415AN)
• Annex B – Income Property (414AN)
• Declarations by the Seller of the Immovable
(710AN)
F
ollowing our announcement last March,
the four recommended forms that have
been revised are now available at the
ACAIQ service counter and in electronic format via
the Synbad extranet. 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)
쵧
12
The two Annexes B have been extensively amended, and will therefore be accompanied by a sheet
explaining the changes. As for the “Declarations
by the Seller of the Immovable”, only one addition
has been made, i.e. clause D5.3 on the presence
of products containing asbestos or the presence of
asbestos in the air. ◆
Please note that the deadline for accepting old
forms is December 31, 2006.
The ACAIQ welcomes
its counterparts
from other Canadian jurisdictions
O
n May 31 to June 3,
2006, the Association des courtiers
et agents immobiliers du
Québec hosted the annual
meeting of Canadian real estate regulators, i.e. organizations
that play the same role as the
ACAIQ in neighbouring provinces and
territories. A few representatives from American
states also joined the work group.
For regulators, this was an opportunity
to discuss changes in the legislation governing
real estate brokerage. Topics included supervisory processes: certificate issuance and renewal
procedures, requirements and qualifications, fees,
automation, etc.
Talks also covered workforce
mobility, basic training programs
and continuing education, now
mandatory in several jurisdictions.
In addition, the proliferation of
business models represents huge
challenges in terms of oversight and
of adaptation of the legislation, and
was a hot topic among conference-goers.
The oversight of mortgage brokerage
and building inspection, two areas undergoing
scrutiny across jurisdictions, was also discussed.
And finally, the meeting included an overview of
landmark cases in each jurisdiction. ◆
L’AUTRE SOLUTION EN IMMOBILIER
Une offre avantageuse
•
La propriété que vous avez inscrite par la méthode
traditionnelle depuis plus de 3 mois ne s’est pas vendue…
Société immobilière Contact Inc. est un important
courtier d’enchères immobilières au Québec.
•
Tant d’effort, le temps et la publicité que vous avez investis
dans cette inscription n’ont pas produit les résultats escomptés…
•
Votre inscription pourrait devenir une occasion idéale pour
une vente aux enchères
Son champs d’activités est constitué principalement
d’immeubles commerciaux, à logements, industriels et
de résidences de haut de gamme partout au Québec.
•
Nous vous offrons l’opportunité de gagner une commission
basée sur différentes façons de participation
Depuis 1999, nous avons commercialisé des
immeubles de toutes sortes avoisinant maintenant
les cent millions de dollars.
www.contactsi.ca
Pour plus d’informations, veuillez contacter Michel Mailloux, au 450-923-9300 ou sans frais au 1-877-603-9300
File: 33-05-0798
File: 33-05-0856
employed by or authorized to act on behalf of Re/Max
Immobilia inc., chartered real estate broker (Certificate
No. A3344), whose establishment is located at 2640
Henri-Bourassa Blvd. East 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:
NOTICE is hereby given that Mr. Jean-Pierre Huot,
affiliated real estate agent (Certificate No. B7979),
employed by or authorized to act on behalf of MultiPrêts Hypothèques, chartered real estate broker
(Certificate No. A3397), whose establishment is located
at 14, place du Commerce, Suite 600 in Nuns’ Island,
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 May 24 and June 17, 2003, and
between May or June 2003 and March 29, 2004, failing
to demonstrate integrity and a spirit of cooperation,
committing acts that are derogatory to the honour and
dignity of the profession, abusing another member’s
good faith, using unfair practices against him and
seeking to gain an unfair advantage over him, namely
by:
a) falsely indicating to a real estate agent
representing the buyers that promises to purchase
were in progress on an immovable;
b) refusing to allow the real estate agent to present
promises to purchase on this immovable;
c) failing to inform his selling clients of the existence
of the promises to purchase that the real estate
agent was trying to present;
d) falsely representing to his own broker that the
real estate agent had interfered in a transaction in
progress;
the whole contrary to sections 1 and 43 of the Rules
2nd count: On or around February 17, 2004, March 15,
2004 and April 26, 2004, failing to answer as soon as
possible correspondence from the assistant syndic, the
whole contrary to section 56 of the Rules of Professional
On March 14, 2006, the Discipline Committee ordered
a suspension of Mr. Francisco Silva’s certificate for
a period of 90 days on the 1st count of the complaint
and a suspension of 30 days on the 2nd count of the
complaint, to be served consecutively.
1st count: On or around March 26, 2004, failing to
demonstrate integrity, participating in an act that is
derogatory to the honour and dignity of the profession,
participating in an act or practice in real estate matters
the public or to the profession, namely by signing, in his
client’s lieu and stead, an exclusive brokerage contract
in which the co-contracting parties designated were
the broker and his client, the whole contrary to sections
1 and 13 of the Rules of Professional Ethics of the
ACAIQ.
On January 31, 2006, the Discipline Committee ordered
a suspension of Mr. Jean-Pierre Huot’s certificate
for a period of sixty (60) days on this count of the
complaint.
from the date of the appeals deadline, i.e. March 10,
2006. The suspension of Mr. Jean-Pierre Huot’s
affiliated real estate agent certificate is therefore
effective as of March 10, 2006 for a period of sixty (60)
days.
the Real Estate Brokerage Act (R.S. Q., c. C-73.1).
Chantal Peltier
from the date of the appeals deadline, i.e. April 19, 2006.
The suspension of Mr. Francisco Silva’s chartered
real estate agent certificate is therefore effective as of
April 19, 2006 for a period of 120 days.
Chantal Peltier
Employment Opportunity
INFORMATION CLERK
Permanent position
Reporting to the Vice President, Legal Affairs and under the supervision of the Info ACAIQ
Department Head, the incumbent will answer requests for information received by the Association in
accordance with established quality criteria. If applicable, the incumbent shall help members of the
public and the ACAIQ clarify their requests in order to direct them to the appropriate departments.
QUALIFICATIONS REQUIRED
•
•
•
•
•
•
•
High School Diploma;
2 to 5 years of relevant experience;
Knowledge of computer programs (Word and Excel), Internet and telecommunication systems;
Good knowledge of written and spoken French;
Good knowledge of English to communicate adequately with requesters;
Good communication skills to process requests adequately;
Knowledge of real estate an asset.
Candidates should have the following personal and professional assets: tact and interpersonal
skills to reply to requests for information, good judgment to assess the information provided,
maturity, sense of responsibility and the ability to develop good interpersonal relationships.
Interested candidates may send their CV to:
ACAIQ
c/o Magalie Odnéus • Agente - Human Resources Agent
6300 Auteuil St., Suite 300, Brossard (Québec) J4Z 3P2
Fax: (450) 676-1971 • [email protected]
Note: We thank you for your interest in this position, however, only those candidates being
considered will receive an acknowledgement of receipt.
쵧
13
Mobile Solutions
for the ACAIQ Members
Elite
Rate Plan*
$45/month
Partner
Rate Plan
$20/month
Evenings and
Weekends 700
$45/month
INCLUDED
INCLUDED
INCLUDED
• 200 minutes/month
• Message Centre
• Unlimited evenings
(from 6pm to 8am)
and weekends
• Unlimited evenings
(from 6pm to 8am)
and weekends
• Message Centre
• Message Centre
• Ulimited Text
Messaging
• Free incoming calls
(on Bell Mobility
territory)
Monthly access and e911 fees
of $7.70 not included.
Beware
T
he ACAIQ recently received a cautionary warning from a Montréal area builder concerning an
individual suspected of fraud. The suspect is allegedly using the name of a legal company to
seek contracts for the sale of condominiums before running away with the buyers’ deposits.
No charges have been laid against the individual yet as the police investigation is ongoing. According to
the information received, two ACAIQ members have been victims of this scheme.
The ACAIQ recommends that when a person poses as a representative of a building contractor,
members verify that this person is indeed authorized to represent the company. To check whether a contracting company is licensed and its representatives duly authorized to act on its behalf, you may contact
the Régie du bâtiment at 1-800-361-0761 or via its website at www.rbq.gouv.qc.ca or the Registraire
des entreprises at 1-888-291-4443 or via its website at: www.req.gouv.qc.ca. ◆
• 20 % discount
on Data options
Mobility
Appointment of Discipline
Committee Chairman
Palm Treo 650
Motorola E815
For more information
dial 1-800-667-0123
Reference number : 101893865
* The Elite rate plan is exclusive to ACAIQ members, it must include the the rate plan and services
mentionned above. Evenings and weekends: Mondy to Thursday from 6 pm to 8 am and Friday 6 pm to
Monday 8 am. Also included in the rate package: Call Waiting, Call forwarding, Three Way Calling, Detail
Billing. A $7.70 monthly fee will be added to your invoice for the provision of a System Access Fee as well
as wireless access to 911 Emergency Service. Available on Bell Mobility territory only. Offer subject to
change without notice.
B
y order of the government of Québec issued May 24, 2006, Me Patrick Choquette was appointed member and Chairman of the ACAIQ Discipline Committee under the Real Estate
Brokerage Act, for a three-year term. Me Choquette replaces Me André Desgagné, who
occupied this function from 1995 to 2004. Substitute Chairman Me Gilles Duchesne acted in the
interim.
Me Choquette graduated in Law from Université de Montréal in 1984 and is a member of the
Barreau du Québec. He began his career at Blakely, Gascon in 1985 and has been a partner with
Prévost Fortin D’Aoust since 1994.
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쵧
14
Tuesday, September 26 in Saint-Jean-sur-Richelieu
Benefit golf tournament
hosted by the ACAIQ
T
he Association des courtiers et agents immobiliers du Québec invites you to take part in
its golf tournament to benefit Fondation Jean Lapointe. This first edition will give you an
opportunity to combine business and pleasure in the company of colleagues in the unique
environment of the Saint-Jean Golf Club, all for an excellent cause.
The day will begin with a brunch, followed by tee-off at 12:30 p.m. A dining cocktail will follow
starting at 5:30 p.m. amidst an auction and a draw for numerous door prizes. Various packages are
available to attend or sponsor the tournament. Golfers have a choice of three packages for $100, $125
or $225, and five sponsorship options ranging from $300 to $5,000.
Since space and sponsorship opportunities are limited, we urge you to contact our Communications
Advisor, Mrs. Stéphanie Côté at (450) 462-9800, ext. 447 as soon as possible to reserve. All profits from
the tournament will be given to Fondation Jean Lapointe, an organization that helps youths and adults
suffering from serious alcohol, drug and gambling addictions. ◆
For more information, see the tournament registration form on the home page
of the ACAIQ website (http://www.acaiq.com) or on page 10 of this publication.
Notice of provisional suspension of certificate
A SS O CI AT I O N D E S CO U RT I ER S E T AG EN T S I M M O B I L I ER S D U Q U ÉB EC
File: 33-06-0920
NOTICE is hereby given that Mr. Patrick
Pietrykowski, chartered real estate broker
(B2618) employed by or authorized to act on behalf
of Immeubles Sud-Ouest, whose establishment is
located at 36 Lambton St. in Ormstown, has been
the subject of a complaint before the Discipline
Committee of the Association des courtiers et agents
immobiliers du Québec, for offences committed from
2003 to 2005 and summarized below:
Counts No. 1, 2 and 5:
Concerning transactions on several immovables,
failing to demonstrate integrity, participating in an
to the profession, by having appropriated, without
entitlement, sums of money held in the trust
account of Les Immeubles Sud-Ouest or with having
used sums of money for purposes other than those
for which they were entrusted to him in the course
of his activities, namely by:
making or authorizing an illegal and premature
withdrawal, from the trust account of Les Immeubles
Sud-Ouest, of an amount of $1,000, which had
been received on behalf of others in the course of
his activities,
at around the time of the signing of the act of sale,
making or authorizing a second illegal withdrawal
related to that transaction, from the trust account of
Les Immeubles Sud-Ouest, of an additional amount
of $1,000, whereas the deposit for that transaction
was only of an amount of $1,000,
his activities,
his activities,
File: 33-06-0911
File: 33-05-0811
NOTICE is hereby given that Mr. Pierre Hamelin,
affiliated real estate agent (Certificate No. B6976),
employed by or authorized to act on behalf of Re/
Max Performance inc., chartered real estate broker
(Certificate No. C5276), whose establishment is
located at 15 Prince-Arthur Street in St. Lambert,
has notably been found guilty by the Discipline
immobiliers du Québec of the offences summarized
below:
NOTICE is hereby given that Mr. Edgar Bernard,
affiliated real estate agent (Certificate No. C3602),
employed by or authorized to act on behalf of
Royal LePage Inter-Québec, chartered real estate
broker (Certificate No. A3270), whose establishment
is located at 2960, boul. Laurier, Suite 50 in SainteFoy, has notably been found guilty by the Discipline
immobiliers du Québec of the offences summarized
below:
2nd count: On or around June 7, 2005, 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 brokerage which may be illegal or which
may cause prejudice to the public or to the profession,
notably by drafting, signing and having a seller
sign a promise to purchase and an annex A on an
immovable and, at the same time, the supplementary
agreement entered on Amendments and Notice of
Fulfilment of Conditions forms, whereas:
2nd count: On or around June 17, 2002, with respect
to immovables, failing to protect and promote the interests of his client, a limited partnership, and failing
to provide fair treatment to the parties to a transaction referred to in section 1 of the Act, namely by neglecting or refusing to follow up in a timely fashion
on a real estate agent’s request to present a promise
to purchase from a prospective buyer, the whole contrary to section 24 of the Rules of Professional Ethics
of the ACAIQ ;
a) the promise to purchase included no reference
to said Amendments and Notice of Fulfilment of
Conditions forms;
b) the absence of such reference allowed the
solicitation and subsequent approval of mortgage
financing based on information that did not take
the content of these Amendments and Notice of
Fulfilment of Conditions forms into account;
the whole contrary to sections 1, 13 and 35 of the
On May 30, 2006, the Discipline Committee ordered
a suspension of Mr. Pierre Hamelin’s certificate for
a period of three (3) months on this count. By order of
the Discipline Committee, this decision shall become
enforceable from the moment of its pronouncement.
The suspension of Mr. Pierre Hamelin’s affiliated
real estate agent certificate is therefore effective as
of May 30, 2006 for a period of three (3) months.
Chantal Peltier
3rd count: On or around June 17, 2002, with respect to immovables, failing to collaborate with another member who had so requested, abusing the
good faith of another member, using unfair practices
against him and seeking to gain an undue advantage
over him, namely by neglecting or refusing to follow
up in a timely fashion on a real estate agent’s request
to present a promise to purchase, the whole contrary
to sections 40 and 43 of the Rules of Professional
On April 10, 2006, the Discipline Committee ordered
a suspension of Mr. Edgar Bernard’s certificate for
a period of thirty (30) days on these counts, to be
served concurrently.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. May
25, 2006. The suspension of Mr. Edgar Bernard’s
affiliated real estate agent certificate is therefore effective as of May 25, 2006 for a period of thirty (30)
days.
the whole contrary to section 12 of the Real Estate
Brokerage Act and sections 1 and 13 of the Rules of
3rd count: Concerning a transaction on a property,
failing to demonstrate integrity, participating in an
to the profession, by having appropriated, without
entitlement, sums of money that should have been
held in the trust account of Les Immeubles SudOuest in the course of his activities, namely by:
not depositing in the trust account of Les Immeubles
Sud-Ouest, the amount of $1,000, received on
behalf of others in the course of his activities, or by
not giving instructions to that effect,
Brokerage Act and sections 1 and 13 of the Rules of
4th count: With respect to an immovable,
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, failing to
perform the obligation he agreed to perform with
diligence, namely by writing the words “cinq mille”
on section 4.2 of a promise to purchase despite the
fact that no cheque was remitted to him at that
time, the whole contrary to sections 13 and 22 of
the Rules of Professional Ethics of the ACAIQ ;
6th count: With respect to an immovable,
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, failing to
perform the obligation he agreed to perform with
diligence, namely by writing the words “two
thousand” on section 4.2 of a promise to purchase,
despite the fact that no cheque was remitted to him
at that time, the whole contrary to sections 13 and
22 of the Rules of Professional Ethics of the ACAIQ ;
7th count: 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,
using sums of money for purposes other than those
for which they were entrusted in the trust account of
Les Immeubles Sud-Ouest in the course of his
activities, by taking the compensation, due to Les
Immeubles Sud-Ouest, out of funds held in trust, for
two immovable.
Brokerage Act and section 13 of the Rules of
8th count: With respect to several immovables,
failing to deliver to the depositor a receipt for a sum
deposited into a trust account in the form in
Schedule 9 as soon as he had deposited a sum into a
general or special trust account and did not keep a
duplicate of that receipt in the file, namely:
a) failing to deliver to the prospective buyer, a
receipt for a sum of $1,000 deposited in the trust
account of Les immeubles Sud-Ouest and failing
to keep a duplicate of that receipt in the file;
b) failing to deliver to the prospective buyer, a
receipt for a sum of $1,000 deposited into the
trust account of Les immeubles Sud-Ouest and
failing to keep a duplicate of that receipt in the
file;
c) failing to deliver to the prospective buyers, a
receipt for a sum of $500 deposited into the trust
account of Les immeubles Sud-Ouest and failing
to keep a duplicate of that receipt in the file;
d) failing to deliver to the prospective buyer, a
receipt for a sum of $2,000 deposited into the
trust account of Les immeubles Sud-Ouest and
failing to keep a duplicate of that receipt in the
file,
the whole contrary to section 116 and 135 of the Bylaw of the ACAIQ ;
9th count: Concerning an immovable, 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 unduly delaying the
remittance of the sum of $2,000 received on behalf
of others in the course of his activities from the
prospective buyer, the whole contrary to sections 1,
13 and 39 of the Rules of Professional Ethics of the
ACAIQ ;
10th count: During the year 2003, 2004 and 2005,
failing to comply with the provisions of the Act and
the regulations thereunder, failing to keep up to
date his records, books and registers provided for in
the Act and/or failing to maintain his records, books
and registers in conformity with the provisions of
the Act and the regulations, namely as regard to:
a) the accounting registers showing the sums held in
trust,
b) the separate registers for each transaction
referred to in section 1 of the Act,
c) the record for each transaction referred to in
section 1 of the Act;
Professional Ethics of the ACAIQ and 130, 134, 135
and 137 of the By-law of the ACAIQ.
On April 7, 2006, the Discipline Committee ordered
the provisional suspension of the certificate of Mr.
Patrick Pietrykowski 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.
enforceable from the date of notification to the
defendant, i.e. April 7, 2006. The suspension of Mr.
Patrick Pietrykowski’s affiliated real estate agent
certificate is therefore effective as of April 7, 2006.
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).
Chantal Peltier
Chantal Peltier
쵧
15
WHAT MAKES
LA CAPITALE
AGENTS
STAND OUT
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to buyers because they guarantee the appliances,
plumbing, heating and electricity (APEC* guarantee)
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Martine Forest
Sylvie Fournier
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chartered real estate
broker, Rawdon
La Capitale
St-Jérôme inc.,
chartered real
estate broker
Francine Hamel
Karolyne Lavigne
Johanne Grenier
André Laniel
Jean-Luc Leclerc
La Capitale Accent,
chartered real estate broker, Pierrefonds
2005 :
La Capitale Maximum inc.,
chartered real estate broker, Vaudreuil
2006 :
As of May 31st,
And it goes on!
쵧
lacapitalesells.com
16 July 2006 | INFO ACAIQ
Alain Joyal
Silvia Marinescu
La Capitale Est
de Montréal inc.,
broker, Anjou
Tahar Jabri
La Capitale Magik Ltée,
chartered real estate broker,
Notre-Dame-de-Grâces
Max Sévégny
La Capitale Centre
du Québec inc.,
broker, Sorel and
Victoriaville
These new franchisees rely on our tools, programs and promotions
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or visit www.lacapitalesells.com/franchise.
*Source: ACAIQ members register

in the forecast - Association des courtiers et agents immobiliers du

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