33-05-0829

Licence number

B2798

Broker's name

Fuoco, André

Decision

Notice of suspension of the certificate
of Mr. André Fuoco

File: 33-05-0829

NOTICE is hereby given that Mr. André Fuoco, affiliated real estate agent (Certificate No. B2798), formerly employed by or authorized to act on behalf of Century 21 Multi-Services inc., chartered real estate broker (Certificate No. C7489), whose establishment is located at 815 de la Carrière Blvd., Suite 101 in Gatineau, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

1st count: Between or around April 4 and 15, 2002, committing acts that are derogatory to the honour and dignity of the profession, participating in acts or practices in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, failing to provide fair treatment to the parties to a transaction, abusing the good faith of a chartered real estate agent and using unfair practices against him, notably by participating in the following fraudulent practices aimed at making a profit on the resale of an immovable, namely:

a) on or around April 4, 2002, by soliciting a visit of an immovable from a real estate agent, without revealing to the agent that the respondent would not have a promise to purchase drafted and signed by prospective buyers for whom these visits were being solicited;

b) on or around April 4, 2002, by soliciting a visit of an immovable from a real estate agent, without revealing to the agent that any promise to purchase from prospective buyers would not be intended for the seller contemporary to his visit, but rather for a third party;

c) on or around April 4, 2002, by failing to inform a seller and a real estate agent that the buyer designated on a promise to purchase concerning an immovable was not one of the people for whom he had solicited a visit;

d) around mid-April 2002, by soliciting an additional visit of an immovable from a real estate agent, without revealing to the agent that the respondent would not have a promise to purchase drafted and signed by prospective buyers for whom these visits were being solicited;

e) around mid-April 2002, by soliciting an additional visit of an immovable from a real estate agent, without revealing to the agent that any promise to purchase from prospective buyers would not be intended for the seller contemporary to his visit, but rather for a third party;

f) around mid-April 2002, by soliciting an additional visit of an immovable from a real estate agent, under the false pretext that this visit was to allow a buyer designated in a promise to purchase concerning an immovable to rent a portion thereof;

g) around mid-April 2002, by having prospective buyers visit an immovable, without revealing to them the identity of a seller contemporary to their visit nor the seller’s asking price of $114,900;

h) around mid-April 2002, by hiding from prospective buyers the respondent’s collaboration in the acquisition of this immovable by a third party;

i) around mid-April 2002, by allowing prospective buyers to pursue with a third party, foreign to the brokerage transaction he was conducting, discussions concerning the purchase of an immovable, whereas he knew that this third party was planning to have them sign a promise to purchase intended to be accepted by a person who was not the seller contemporary to their offer;

the whole contrary to sections 1, 13, 24, 26, 35 and 43 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around April 23, 2003 and April 11, 2005, failing to collaborate and misrepresenting information during an investigation conducted by an assistant syndic, namely when the respondent declared to an investigator (April 2003) and to an assistant syndic (April 2005) that he had visited an immovable:

a) accompanied by a third party foreign to the brokerage transaction he was conducting, prior to the signing of a promise to purchase dated April 4, 2002 concerning this immovable;

b) accompanied by the same third party and another person, following the signing of this promise to purchase;

the whole contrary to sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ.

On November 16, 2005, the Discipline Committee ordered the suspension of Mr. André Fuoco’s certificate for a period of seven (7) years on the 1st count, and the suspension of his certificate for a period of three (3) years on the 2nd count, to be served consecutively, to take effect whenever he applies for reinstatement of his certificate or the issuance of a new certificate.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. January 3, 2006. The suspension of Mr. André Fuoco’s affiliated real estate agent certificate will therefore become effective whenever he applies for reinstatement of his certificate or the issuance of a new certificate, for a period of 10 years.

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, January 6, 2006

Chantal Peltier
Discipline Committee Secretary