Open a sessionDuties and Obligations of the Broker
The practice of real estate and mortgage brokerage is regulated in order to ensure that members of the public are protected when engaging in a real estate transaction through a broker’s intermediary. The rules and conditions of practice governing the profession are set out in the Real Estate Brokerage Act, the Regulations thereunder and the Rules of Professional Ethics. Read this section to learn more about the duties and obligations of your broker.
Heavy fines for carrying out the activity of an agency and broker illegally
Carrying out the activity of a real estate or mortgage agency or broker illegally is a violation of the Real Estate Brokerage Act.
Telephone information and solicitation services: Know how to use them legally
Before doing business with this type of company, it is important that real estate brokers and agents make sure they follow the rules regarding advertising, representations and the soliciting of clients.
Mortgage fraud and illegal brokerage
Sometimes a real estate or mortgage broker can be faced with an illegal brokerage situation as part of his brokerage transactions. In such situations, there are particularly activities relating to mortgage fraud, putting public protection at increased risk. Here are a few examples of illegal and fraudulent practices, brought to the attention of the Organization’s investigators in the course of their investigations.
The 2011-2012 issues regarding illegal practice
One of the OACIQ’s mandates is to conduct investigations and bring criminal charges, if any, against the non-licence holders who engage in acts that are reserved for brokers. In recent years, the assistance requests addressed to the OACIQ concerning illegal practice of real estate or mortgage brokerage have increased substantially.
A suspended or revoked licence bars the holder from practicing
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.
Convictions for illegal practice
In Québec, any real estate brokerage transaction, for others and for remuneration, must be carried out by a real estate agency or broker, holding an OACIQ licence. Failure to comply with this rule constitutes a violation under the Real Estate Brokerage Act and exposes the offender to legal proceedings before the Court of Quebec.
Illegal practice
In Quebec, any real estate or mortgage brokerage transaction, for compensation and for others, must be carried out by a certified real estate or mortgage broker or agency, i.e. holding a valid licence issued by the OACIQ. A contravention of this rule constitutes a violation under the Real Estate Brokerage Act and exposes the violator to legal proceedings before the Court of Quebec.
Illegal practice
In Quebec, any real estate brokerage transaction, for compensation and for others, must be carried out by a duly certified real estate broker or agent, i.e. one who holds a certificate to practice issued by the ACAIQ.
A verbal agreement makes no difference
PRACTICE
From January to July 2004, Denis Talbot, a former real estate agent who had not renewed his certificate expired on December 31, 2003, performed various real estate brokerage acts by acting as intermediary in the sale of one of his friends’ property.
