33-05-0886

Licence number

B2798

Broker's name

Fuoco, André

Decision

Notice of suspension of the certificate
of Mr. André Fuoco

File: 33-05-0886

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 notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

2nd count: On or around October 19, 2002, failing to provide fair treatment to a promising buyer designated in a promise to purchase concerning an immovable, namely by failing to inform in a timely fashion a real estate agent of the existence of a promise to purchase concerning this immovable, the whole contrary to Section 24 of the Rules of Professional Ethics of the ACAIQ.

3rd count: On or around October 19, 2002, abusing the good faith of another member, using unfair practices against him and seeking to gain an unfair advantage over him, namely by failing to inform in a timely fashion a real estate agent of the existence of a promise to purchase concerning this immovable, the whole contrary to section 43 of the Rules of Professional Ethics of the ACAIQ.

4th count: On or around October 19, 2002, failing to carry out his profession with prudence, diligence and competence, failing to protect or promote the interests of sellers designated in a brokerage contract with respect to an immovable and failing to advise or inform them with objectivity, namely by:

a) failing to inform in a timely fashion a real estate agent representing a promising buyer of the existence of a promise of purchase concerning this immovable;

b) omitting to inform these sellers of their options in the event of the simultaneous presentation of three promises to purchase, including issuing one or more counter-proposals to one and/or all of these promises to purchase rather than accept the first;

the whole contrary to sections 22, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.

5th count: On or around October 19, 2002, failing to inform in a reasonable manner the sellers designated in a brokerage contract and in a promise to purchase concerning an immovable, of the significance of this promise to purchase, namely by allowing these sellers to accept the terms thereof without first informing them of the implications of clause 8.1, the whole contrary to section 30 of the Rules of Professional Ethics of the ACAIQ.

On December 8, 2006, the Discipline Committee ordered a suspension of Mr. André Fuoco’s certificate for a period of thirty (30) days on counts Nos. 2, 3 and 4 of the complaint, to be served concurrently, and a suspension of his certificate for a consecutive period of thirty (30) days on count No. 5 of the complaint, which suspension periods will come into effect whenever he applies for renewal of his certificate or the issuance or reinstatement of his certificate, after the expiration of the suspension period currently being served.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. January 16, 2007. The suspension of Mr. André Fuoco’s affiliated real estate agent certificate will therefore become effective whenever he applies for renewal of his certificate or the issuance or reinstatement of his certificate, after the expiration of the suspension period currently being served, for a period of sixty (60) days.

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

Brossard, January 16, 2007

Chantal Peltier
Discipline Committee Secretary