Syndic - Accepted practices
Notice to reader
Please note that the following article has not yet been updated since the coming into force of the new Real Estate Brokerage Act on May 1, 2010. The OACIQ positions which are conveyed in this article may have evolved since the date of its publication. It is your responsibility to ensure, at all times, that you are acting or that you are exercising your rights or recourse in accordance with the Real Estate Brokerage Act, its regulations or any other applicable law.
If you have any questions, please contact the Info OACIQ Information Centre at 450 462-9800 or 1 800 440-7170, or by sending us a message.
The role of the Syndic is to carry out an investigation upon request or if he has a reason to believe that real estate brokers or agents are engaging in illegal acts. A request for an inquiry may be submitted by the general public, as well as by members of the profession.
Investigation files in the Office of the Syndic are strictly confidential, and even a member of the Association's management or Board of directors do not have access to them. Once an investigation has been completed, the Syndic must determine whether it is appropriate to file a formal complaint with the Association's discipline committee. If the syndic does not file a complaint, he must then explain the reasons for his decision in writing to the person who requested the investigation. If the syndic does file a complaint, the membre under investigation will be served notice of the charges pending against him and the date of the hearing. The defendant may then ask the Syndic for copies of all documentary evidence the charges are based on, so that he can prepare his defense.
The Syndic has all the powers of a public inquiry commissioner, except that of imposing a prison sentence. He can question members of the profession and any other witnesses, who are obliged to answer his questions. The Syndic may even issue a warrant against a witness and he can also conduct searches.