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CDMPT-23-D6803

Licence number

D6803

Broker's name

José Antonio Diaz

Decision

NOTICE OF IMPOSITION OF CONDITIONS AND RESTRICTIONS
ON JOSÉ ANTONIO DIAZ’S LICENCE

File: CDMPT-23-D6803

NOTICE is hereby given that José Antonio Diaz, real estate broker (licence D6803), whose establishment is located in Sainte-Thérèse, has had conditions and restrictions imposed on his licence, following a decision by the Licence Issue and Maintenance Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), pursuant to section 38 (2) of the Real Estate Brokerage Act.

On October 5, 2023, the Licence Issue and Maintenance Committee imposed the following conditions and restrictions on Mr. Diaz:
  1. The licensee will be prohibited from acting on his own account for as long as he is a real estate broker’s licence holder.
     
  2. For as long as he is a real estate broker’s licence holder, the licensee shall enter into and maintain a written agreement with the agency within which he carries on his real estate brokerage activities to the effect that the latter retains the GST and QST payable to him until he is required to remit them, upon transmission of a copy of his tax return to be kept in the agency's file.
     
  3. Up to 60 months following his discharge from bankruptcy, the licensee shall enter into and maintain a written agreement with the agency within which he carries on his real estate brokerage activities to the effect that the latter holds 20% of his remuneration to pay his taxes, until such time as he is required to remit it, upon transmission of a copy of his notices of assessment, or in order to make instalment payments.
     
  4. A copy of the agreement mentioned in paragraphs (b) and (c) shall be sent to the OACIQ Registry Service within thirty (30) days of notification of this decision.
     
  5. In the event of any agency change, the licensee must enter into a new agreement under the same conditions with the new agency and send a copy thereof to the Organization’s Registry Service within 30 days following the agency change.
     
  6. The licensee shall send proof of application for his new GST/QST numbers to the OACIQ Registry Service within 30 days of notification of this decision; he shall then provide proof of obtainment of said GST/QST numbers.
     
  7. Within 90 days of notification of this decision, the licensee must take the training course "Finances personnelles pour tous par McGill" and send proof thereof to the OACIQ Registry Service.
     
  8. Within six months of notification of this decision, the licensee must complete the training course entitled “The broker as a self-employed worker,” provided by the OACIQ Training Department.
     
  9. Within 30 days of notification of this decision, the licensee shall send the OACIQ Registry Service proof of his registration for the training mentioned in paragraph (a).
     
  10. The licensee shall send the Organization’s Registry Service his certificate of discharge from bankruptcy.
     
  11. Should the licensee not be discharged from his bankruptcy by April 18, 2024, his file will be resubmitted to the Committee.

Should the applicant fail to comply with the above conditions and restrictions, his real estate broker's licence shall be suspended until he does so.

Should Mr. Diaz fail to comply with the above conditions and restrictions, his right to engage in professional real estate brokerage activities shall be suspended until he does so.

This notice is given in accordance with section 33 of the Regulation respecting broker’s and agency licences.

The decision became enforceable on November 7, 2023.

Brossard, November 7, 2023.

Registry of the Licence Issue and Maintenance Committee