Have you experienced a problem during your transaction with a real estate or mortgage broker? The OACIQ is there to assist you.

(Article of the OACIQ published on Protégez-Vous.ca website, in September 2017)

You carried out a transaction with the help of a real estate or mortgage broker and are not satisfied? A problem arose and you wish to file a complaint or report a situation? Here’s how.

The OACIQ is also with you after the transaction

Buying, selling, leasing or financing a property are things that we do not do on a daily basis. These are transactions with several forms to complete. They involve many professionals and various conditions to meet. For these reasons, and in order to protect your interests when carrying out a transaction through a real estate or mortgage broker, the Government of Québec created the Real Estate Brokerage Act.

This Act and its regulations give the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) several resources to carry out its mission. Among these resources, there is the Public Assistance Department which is there to handle your request and assist you throughout its process.

What you can do

To inform us about a problem or dissatisfaction with the services of a broker or agency, you may:

  • provide key information about the situation;
  • gather relevant documents (brokerage contract, promise to purchase, emails, etc.);
  • contact an agent from Info OACIQ. He or she will inform you about brokers’ duties and the rules of ethics that they must abide by their work and, if necessary, invite you to discuss the situation with the agency executive officer or will help you complete a request for assistance; OR
  • complete the request for assistance form directly on the oaciq.com website to file a complaint.

Please attach a copy of any relevant document in your possession to this form (brokerage contract, promise to purchase, annexes, etc.). Feel free to contact us to help you complete your request.

What we will do

We take every request for assistance seriously. An analyst will make every effort to find a fair and equitable solution in accordance with applicable laws and regulations. He or she will decide on how your request should be handled and inform you about the next steps to be taken, if any.

After analysis and research, the analyst may:

  • deem that the problem is due to a lack of experience or knowledge on the part of the broker. In this case, the analyst could give the broker a warning or require that he or she attend additional training.
  • he may also have reasons to believe that the Real Estate Brokerage Act was violated. Your request will then be forwarded to the Syndic for investigation. If deemed appropriate, the Syndic may file a complaint with the OACIQ Discipline Committee. This independent body hears ethical complaints pertaining to ethical faults committed by brokers or agencies and imposes penalties on those found guilty.

The OACIQ Discipline Committee has the power to impose fines (it imposed fines totalling $371,300 in 2016), or other penalties ranging from a reprimand to a broker to a licence suspension or revocation.

These are only a few ways to protect you before, during and after your transaction with a real estate or mortgage broker.

In addition, the oaciq.com website is your best source of information regarding real estate and mortgage transactions carried out through an authorized professional.

Also read:

Common complaint topics

Each year, the Public Assistance Department receives nearly 2,000 requests for assistance. The most common complaint topics are those related to brokers’ duty to inform and verify regarding:

  • the Declarations by the seller of the immovable;
  • heat pumps;
  • waste water treatment system;
  • living area of a condo;
  • zoning changes;
  • servitudes;
  • termination or cancellation conditions of a contract.
Last updated on: September 14, 2018
Article number: 203986