Request of assistance
Whether you are a consumer or a licence holder, if you suspect an offence has been committed, you may ask for help from the OACIQ Assistance Service, who will analyze the case and determine how to proceed.
You will find in this section the form you must complete to submit a request for assistance, as well as several articles on this topic.
Mechanisms in case of ceasing of activities by a broker acting on his or her own account or for an agency, and in case of ceasing of activities by an agency
The regulations adopted under the new Real Estate Brokerage Act that has been in force since May 1, 2010 stipulate that when a broker: leaves an agency to join another agency or to work for his or her own account; ceases to work for his or her own account and joins an agency;
The client has the option to: continue dealing with the broker; continue dealing with the agency, if applicable; or terminate the brokerage contract.
From the very beginnings of the profession, brokers felt a need to work together to share information and adopt standards of practice and ways to collaborate to carry out transactions. In fact, collaboration is so crucial to the smooth functioning of the profession that the legislator has deemed it necessary to enshrine it in the Real Estate Brokerage Act and regulations to ensure the protection of the public as well as to promote harmony in the practice of real estate brokerage.
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.
Some real estate brokerage firms offer services in more than one field of practice, for instance residential and commercial and therefore do not specialize only in commercial transactions.
In March 2001, the ACAIQ’s published an article entitled “Saying NO to real estate fraud” with a box story entitled “Taking an immovable off the market: A real problem ». The Association must unfortunately reiterate these warnings, since it seems that falsely taking a property off the market remains a current topic.
A real estate agent can bear witness to real estate fraud and must therefore avoid taking part in any transaction that might appear abusive or fraudulent. His position carries responsibilities, including that of being vigilant and a good advisor to his client and all parties to a transaction.