A suspended or revoked licence bars the holder from practising

A real estate broker whose licence is suspended or revoked is no longer authorized to practise his profession or carry out real estate brokerage transactions. He must cease any real estate brokerage activities until the suspension is lifted or his licence is issued.

Here are various examples of activities that are no longer permitted

• Being on call
• Referring clients in exchange for compensation
• Soliciting clients
• Making real estate advertising or representations
• Showing properties or holding open houses
• Qualifying clients or analyzing their needs
• Taking up brokerage contracts or having brokerage contracts in force
• Drafting or presenting promises to purchase
• Signing real estate brokerage transaction documents
• Using OACIQ brokerage forms
• Attending a building inspection
• Going to the notary’s
• Providing after-sales service
• Using a real estate broker’s title or leading others to believe that he holds a valid licence, for all real estate or leasing brokerage activities
• Etc.

Role of the agency executive officer

It is the agency executive officer’s responsibility to ensure that real estate brokers acting on behalf of his real estate agency hold a valid licence. A lack of supervision may engage his professional liability. 

Removal of ads

Upon licence suspension or revocation, all references to the real estate broker concerned must be removed, including:

• Ads: newspaper, brochures, signs, etc.
• Websites and social media profiles
• Listings on any information listing service
• Any mention of the real estate broker as a team member

Management of current files

The real estate agency must:

• Remove the real estate broker whose licence is suspended or revoked from all current files
• Appoint a replacing real estate broker

The real estate agency must ensure that represented clients are immediately notified in writing that:

• The real estate broker is no longer authorized to act on their behalf
• Another real estate broker is appointed to replace him or her
• They have the right to continue with the real estate agency or to terminate the brokerage contract

This is primarily to protect clients and ensure transparency. Read the article Notice – Agency or status change.

Remuneration

The real estate agency may pay remuneration directly to the real estate broker who was authorized to act on its behalf for professional acts performed while the real estate broker was holding a valid, non-suspended licence. The real estate broker must refer to his termination of employment agreement or to his hiring contract with his agency in this regard.

Real estate broker acting on his own account 

The licence suspension or revocation of a real estate broker acting on his own account results in the automatic termination of all his brokerage contracts. He must therefore send the termination notices to clients. If transactions are in progress, a replacing real estate broker should also be appointed. Read the article Notice – Agency or status change.

Notice of disclosure

The real estate broker whose licence is suspended–and not revoked–is still subject to the Real Estate Brokerage Act and its regulations.  He must therefore disclose his professional status. See the explanatory leaflet Disclosure notice of the real estate agency or broker (NOTICE-DPSL).

Lifting of suspension or licence issuance

A real estate broker may apply to have his suspension lifted or licence issued by the OACIQ to regain his right to practice when the cause of the suspension no longer exists or when he once again meets all the conditions for the issuance of the requested licence.