33-03-0688

Licence number

C6722

Broker's name

Turgeon, Michel

Decision

Notice of suspension of the certificate
of Mr. Michel Turgeon


File no.: 33-03-0688

NOTICE is hereby given that Mr. Michel Turgeon, affiliated real estate agent (certificate No. C6722) while he was employed by or authorized to act on behalf of Les Courtiers Inter-Québec inc. (certificate No. A3270), whose establishment is located at 805 de Nemours St. in Charlesbourg, Trans-Action Garantie inc. (certificate No. C6898), whose establishment is located at 998 Commerciale St., Suite A, in Saint-Jean-Chrysostôme, Nord-Sud Courtier inc. (certificate No. A1908), whose establishment is located at 3049 Maricourt St. in Sainte-Foy, 9035-0935 Québec inc., chartered real estate broker operating under the name Trans-Action Capitale inc., (certificate No. C5874), whose establishment is located at 1800 Jalobert St. in Québec City, the partnership Trans-Action Capitale (certificate No. C8369), whose establishment is located at 1311 de la Visitation St. in Sainte-Foy, and 9081-3239 Québec inc., chartered real estate broker operating under the name Trans-Action Prestige QC (certificate No. C7045), whose establishment is located at 7100 Henri-Bourassa Blvd. in Charlesbourg, has been found guilty of the violations of which he was accused, summarized as follows:

1st count: Between May 19, 1999 and December 31, 2002, failing to refrain from practicing his profession under conditions or in circumstances which could impair the quality of his services, contrary to section 6 of the Rules of Professional Ethics of the ACAIQ;

2nd count: Between May 7 and June 20, 2000, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession and attempting to intimidate a person with whom he is dealing, namely;

a) in Saint-Nicolas, between May 7 and June 20, 2000, by suggesting to sellers to a brokerage contract on an immovable that they obtain a fictitious promise to purchase on this immovable, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

b) in Lévis, on or around June 20, 2000, at a meeting of the parties to a promise to purchase on an immovable, by telling the sellers to the said promise to purchase that he knew “people in Montréal”; contrary to sections 12 and 13 of the Rules of Professional Ethics of the ACAIQ.

3rd count: In Breackeyville (sic), on or around October 22, 2001, agreeing to receive compensation from a person other than his broker, namely by accepting to receive directly from the sellers a sum of money following the sale of an immovable, contrary to section 72, paragraph 2 of the By-Law of the ACAIQ, and to section 13 of the Rules of Professional Ethics of the ACAIQ;

4th count: On or around December 4, 5, 6, 7, 8 and 9, 2001, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely, on 18 occasions, by having “Amendments and Notice of Fulfilment of Conditions” forms signed by sellers identified on these forms, where the witness was absent and had previously signed these forms witnessing the signatures of the said sellers, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

5th count: On or around December 9 and 12, 2001, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by asking sellers identified on “Amendments and Notice of Fulfilment of Conditions” forms to sign these forms where the witness was absent and had previously signed these forms witnessing the signature of the said sellers, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

6th count: In Breackeyville (sic), on or around December 13, 2001, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by falsely stating that the signatures at the bottom of an “Amendments and Notice of Fulfilment of Conditions” form concerning an immovable were dated October 22, 2001, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

8th count: In Lévis, on or around June 20, 2000, agreeing to receive and receiving compensation from a person other than his broker, namely by agreeing to receive a sum of money from the parties to a promise to purchase, and by receiving a lesser sum from the sellers to this promise, contrary to section 72, paragraph 2 of the By-Law of the ACAIQ.

On March 1, 2004, the Discipline Committee ordered a permanent suspension of Mr. Michel Turgeon’s certificate for the 1st count and a reprimand for each of the other counts.

The Discipline Committee’s decision, rendered in accordance with section 156 of the Professional Code, is effective as of the date of service, i.e. March 5, 2004.

The suspension of Mr. Michel Turgeon’s affiliated real estate agent certificate is effective March 5, 2004.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Longueuil, Borough of Brossard, March 9, 2004

Diane Heppell
Discipline Committee Secretary