Your request for assistance has been forwarded to the Syndic's Office for investigation

The syndic ensures that real estate brokers and agencies abide by the rules of professional conduct set out in the Real Estate Brokerage Act. By doing so, the Syndic contributes to the protection of the public.

More specifically, the syndic’s role is to investigate any alleged violation of the Real Estate Brokerage Act and its regulations by brokers or agencies, including their administrators and officers. 

What happens once the request for assistance has been sent to the Syndic's Office? 

• The investigation file is entrusted to an assistant syndic or an investigator who conducts his investigation confidentially and independently. This investigation consists in:
  • Conducting interrogations (broker concerned, applicant, agency executive officer, any other relevant witness)
  • Verifying the alleged events and offences
  • Analyzing all relevant documents
  • Analyzing the evidence and credibility of testimonies
• Once the investigation is over, the syndic will determine whether or not the broker concerned has committed one or more offences under the Real Estate Brokerage Act or its regulations
• If he concludes that one or more offences have been committed by the broker concerned, the syndic will determine the best course of action to take. He may decide to file a complaint with the Discipline Committee or to impose a disciplinary measure on the broker concerned, such as a warning or an undertaking to complete a training course.
• The syndic informs the applicant in writing of his decision.

An applicant who is not satisfied with the syndic’s decision may file a request with the Syndic Decision Review Committee (SDRC) within 30 days of receipt of the letter informing him of the conclusion of the investigation. For the procedure, visit the website www.oaciq.com/sdrc.

Confidentiality of syndic's records of investigation

The syndic's investigation is confidential. Therefore, unless a complaint is filed with the Discipline Committee, any evidence obtained during the investigation, whether documentary or testimonial, may not be transmitted to anyone, including the applicant and the broker under investigation.

Therefore, no document or recording obtained during the investigation can be remitted. In the event of a trial as part of a disciplinary complaint, the documents submitted to the Discipline Committee could become public as of their submission date.

What's an ethical misconduct?

Ethical misconduct refers to behaviour that deviates significantly from what is considered acceptable in a given profession. There must be a clear violation of current ethical standards and obligations. This type of misconduct goes beyond a simple breach–it must be a sufficiently serious act–regardless of the consequences or damage caused. Here are a few examples of conducts considered as disciplinary offences: fraud, conflict of interest, serious negligence, lack of diligence, etc.