CLARIFICATION CONCERNING THE REFERENCE TO THE BROKER IN SUSPENSION NOTICES
Please note that the reference to the broker who employs the suspended member or authorizes him to act is not in any way meant to suggest that the member was employed by or authorized to act on behalf of this broker when he committed the offences of which he was found guilty.
The Real Estate Brokerage Act and the regulations thereunder require that the notice of suspension of certificate refer to the member’s place of business at the time of the suspension or, failing that, his last place of business. This “place of business” is the office of the broker who employs him or authorizes him to act or, failing that, the last broker that employed him or authorized him to act. The purpose of this measure is to protect the public and allow it to properly identify the member whose certificate is suspended.
Notice of suspension of the licence
of Mr. Nelson Viel
NOTICE is hereby given that Mr. Nelson Viel, having been the holder of an affiliated real estate agent’s certificate (B0215) and having practiced in an establishment located in Rimouski, 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 November 2, 2006, with respect to a property, placing himself in a conflict of interest situation by having the seller accept a promise to purchase for the acquisition of this property by himself, unbeknownst to the prospective buyer, knowing that the latter was interested in this property, thus committing offences against:
a) the seller;
b) the prospective buyer;
the whole contrary to sections 1, 5, 13, 22, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.
3rd count: On or around June 10, 2008, with respect to properties, making a false statement during an investigation conducted by an assistant syndic, notably by affirming that:
a) [Tr.] “About 10 days after the acceptance of the promise to purchase, I called the promising buyer for the financing letter and he said he didn’t have one, but that it would come when the immovable was sold, and I told him that he needed a letter conditional to the sale of his house, and I’m sure of that, I remember it very well. I even told him that if he didn’t give me a financing letter conditional to the sale of this house, his promise to purchase would become null and void”;
the whole contrary to sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ.
On April 29, 2010, the Discipline Committee ordered a suspension of Mr. Nelson Viel’s certificate for a period of sixty (60) days on count No. 2 of the complaint and a suspension for a consecutive period of thirty (30) days on count No. 3 of the complaint, and prohibited him from applying for reinstatement or issuance of any certificate before the end of this period.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspension period shall take effect whenever the defendant applies for reinstatement or issuance of a certificate.
Given that Mr. Nelson Viel does not hold a licence, any licence shall be suspended for a period of ninety (90) days whenever he applies for issuance of any licence.
This notice is given in accordance with section 98.1 of the Real Estate Brokerage Act (R.S.Q., c. C-73.2) and section 33 of the Regulation respecting the issue of broker’s and agency licences.
In accordance with section 143 of the Real Estate Brokerage Act, the Association des courtiers et agents immobiliers du Québec became the Organisme d’autoréglementation du courtage immobilier du Québec on May 1, 2010.
Brossard, June 7, 2010
Discipline Committee Secretary