REAL ESTATE OR MORTGAGE BROKERAGE
A suspended or revoked licence bars the holder from practicing
(Reviewed in July 2012)
A real estate or mortgage broker whose licence is suspended or revoked is no longer authorized to practice his profession or carry out brokerage transactions. He must cease any real estate or mortgage brokerage-related activity.
Examples of prohibited activities
- Being on call
- Real estate or mortgage advertising or representations
- Showing properties
- Qualifying clients
- Taking up brokerage contracts
- Drafting or presenting promises to purchase
- Signing brokerage transaction documents
- Attending a building inspection
- Going to the notary’s
- Providing after-sales service
- Using the title of broker
As soon as the notice of suspension or revocation is issued
The agency and the broker must make sure to withdraw any publicity containing the name of the broker whose licence is suspended or revoked, including newspaper ads, brochures, websites, signs and MLS listings or any other information distribution service. A broker whose licence is suspended may not, in particular, be included in any advertising whatsoever, showing him as a member of a team, in any capacity.
Moreover, as soon as the notice of suspension or revocation is issued, the agency must remove the broker whose licence is suspended or revoked from all current files and appoint a replacement. The agency to whom a brokerage contract has been entrusted must immediately notify the parties represented by the broker in writing that the broker is no longer authorized to act on its behalf and inform them of the name of the broker appointed to replace him. This notification must mention the parties’ right to continue doing business with the agency or to terminate the contract.
However, in the case where the broker whose licence is suspended or revoked was acting on his own behalf, the brokerage contracts are automatically cancelled as of when his licence is suspended or revoked.
Lifting of the suspension or issuance of the licence
The broker may apply to have his suspension lifted or licence issued by the OACIQ in order to regain his right to practice when the cause giving rise to this suspension no longer exist or he once again meets all of the conditions for issuance of the requested licence.