33-05-0899
Licence number
B0825
Broker's name
Krief, Sylvain
Decision
Notice of suspension of the certificate
of Mr. Sylvain Krief
File: 33-05-0899
NOTICE is hereby given that Mr. Sylvain Krief, affiliated real estate agent (Certificate No. B0825), formerly employed by or authorized to act on behalf of S.O.G.I.P., chartered real estate broker (Certificate No. D2982), whose establishment was located at 256 Saint-Louis St. in Lemoyne, 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 December 2001 and July 2002, when signing forms, committing acts that are derogatory to the honour and dignity of the profession, participating in acts or a practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, and failing to make sure, in order to ensure the protection of the parties to a transaction referred to in section 1 of the Act, that the brokerage contracts, promises to purchase and counter-proposals reflected their intentions accurately, notably by failing to indicate on these forms that the sellers designated were not the owners of the property and by providing no clue to this effect on the detailed description sheets pertaining to brokerage contracts;
2nd count: Committing acts that are derogatory to the honour and dignity of the profession, participating in acts or a practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, advising and encouraging a party to a transaction to commit an act that the defendant knew to be illegal or fraudulent, namely during events which took place between December 2001 and August 2002, aimed at obtaining a loan on the basis of false documents, which loan was solicited at the time of the projected resale of an immovable at a price greatly superior to the price of its recent, if not contemporary, acquisition;
3rd count: Committing acts that are derogatory to the honour and dignity of the profession, participating in acts or a practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, advising and encouraging a party to a transaction to commit an act that the defendant knew to be illegal or fraudulent, namely during events which took place between December 2001 and April 2002, aimed at obtaining a loan on the basis of false documents;
the whole contrary to sections 1, 13 and 29 of the Rules of Professional Ethics of the ACAIQ.
4th count: Between December 2001 and April 2002, failing to send without delay to the person managing the establishment to which he was assigned, certain documents such as promises to purchase and counter-proposals pertaining to these promises to purchase;
the whole contrary to section 147 of the By-Law of the ACAIQ.
5th count: During the month of November 2005, hindering the work of the assistant syndic, failing to collaborate during the investigation conducted by him, namely when the defendant set conditions for his participation in this investigation;
the whole contrary to sections 117 and 127 of the Real Estate Brokerage Act and section 54 of the Rules of Professional Ethics of the ACAIQ.
On January 12, 2007, the Discipline Committee ordered a suspension of Mr. Sylvain Krief’s certificate for a total period of ten (10) years on the five counts of the complaint.
Following the discontinuance of Mr. Sylvain Krief’s appeal, the decision of the Discipline Committee is enforceable as of November 28, 2007. The suspension of Mr. Sylvain Krief’s affiliated real estate agent’s certificate is therefore effective as of November 28, 2007 for a period of ten (10) years.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, November 28, 2007
Chantal Peltier
Discipline Committee Secretary
