Lawsuit against DuProprio

The OACIQ is appealing the decision rendered by the Court of Quebec

Article Number: 120479
December 21, 2011 - 11:45
Follow-up:
The appeal will be heard on June 22, 2012 before the Superior Court of Québec. The entire day will be reserved for pleadings. The judge may render his judgment from the bench, which would however be exceptional, or take the case under advisement.

As announced in the article The OACIQ is concerned about a recent decision rendered by the Court of Quebec published in the pro@ctive of December 1, 2011, the Court of Quebec has acquitted DuProprio of six counts brought against it on November 28, 2011. “We have substantial grounds for believing that DuProprio has committed many offences against the Real Estate Brokerage Act and this is why we will appeal the decision”, said Mr. Robert Nadeau, the President and Chief Executive Officer of the OACIQ.

The origin of the lawsuit

This decision is in response to a lawsuit brought by the OACIQ against DuProprio in 2009 before the Criminal and Penal Division of the Court of Quebec. The OACIQ contested the marketing methods used by DuProprio.com, which are very similar to those of brokers, sowing confusion in the public’s mind. According to the OACIQ, DuProprio has violated the Real Estate Brokerage Act by leading others to believe, on different occasions, that it was authorized to carry out the activities of a real estate broker or agent, whereas it was not holding a certificate to this effect.

Contradictory decision

Mr. Nadeau pointed out that the decision of the Court of Quebec is contradictory because it reiterates the public order nature of the Real Estate Brokerage Act and highlights the need to protect the public while acquitting an enterprise, using certain methods that lead consumers to believe that they are well protected when buying or selling a property. However, unlike real estate brokers, DuProprio is not subject to any information, verification or advice obligation and does not offer any of the protections contained in the Real Estate Brokerage Act.

“Consumers must be assured that the transaction in which they are engaged when buying a house complies with the Real Estate Act and must benefit from all protection mechanisms. Therefore, for all these reasons that we will try to overturn the decision before the Superior Court of Quebec”, concluded Mr. Nadeau.