Notice of suspension of the certificate
of Mrs. Ginette Dupéré
NOTICE is hereby given that Mrs. Ginette Dupéré, holder of an affiliated real estate agent certificate (Certificate No. C3268), formerly employed by or authorized to act on behalf of Century 21 Max-Immo, chartered real estate broker (Certificate No. A1643), whose establishment is located at 1565 de l'Avenir Blvd., Suite 120 in Laval, 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 January 2002 and December 2004, 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, abusing other members’ good faith and failing to communicate a fact relevant to a transaction, including in the course of the following events, aimed at making a profit on the resale of immovables:
i) soliciting visits from listing agents without revealing that she or another real estate agent would not have a promise to purchase drafted and signed by the visitors, even if the latter showed an interest in acquiring the immovable in question following their visit;
ii) soliciting visits from listings agents without revealing that any transaction proposals from the visitors would not be intended for the seller contemporary to this visit, but rather for a third party;
iii) having knowledge of or participating in the referral of visitors who expressed an interest in acquiring an immovable to an individual who had previously mandated another real estate agent or the defendant to show them a specific immovable, whereas the defendant knew that this individual would then have these visitors sign offers to purchase intended for a seller that was not the seller contemporary to these visits, including as part of the following transaction:
a) on or around September 1, 2002, visit by a real estate agent and a third party of an immovable, followed the same day by the drafting by the defendant of a promise to purchase in the amount of $115,000 from the spouse of a real estate agent, represented in said promise to purchase from said real estate agent, and followed, at an unknown date, by an offer to purchase from said third party, which subsequently led to the resale of this immovable for $137,000, as well as for 22 immovables referred to in transactions.
2nd count: In April 2002, 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, abusing other members’ good faith and failing to communicate a fact relevant to a transaction, including in the course of the following events, aimed at making a profit on the resale of an immovable:
a) on or around April 18, 2002, by soliciting a visit of this immovable from two real estate agents without revealing that the defendant would not have a promise to purchase drafted and signed by the two prospective buyers for whom this visit was solicited;
b) on or around April 18, 2002, by soliciting a visit of this immovable from two real estate agents without revealing that any offer to purchase from the prospective buyers would not be intended for a seller contemporary to their visit, but to a third party;
c) around mid-April 2002, by hiding from two visitors the defendants’ collaboration in the acquisition of this immovable by a third party;
d) on or around April 19, 2002, by failing to inform two real estate agents that the buyer designated in a promise to purchase on this immovable was not one of the persons for whom she had solicited a visit;
the whole contrary to sections 1, 13, 24, 26 and 43 of the Rules of Professional Ethics of the ACAIQ.
On April 16, 2007, the Discipline Committee ordered a suspension of Mrs. Ginette Dupéré’s certificate for a period of seven (7) years on count No. 1 of the complaint, and a suspension for a period of seven (7) years on count No. 2, to be served concurrently.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. May 22, 2007. The suspension of Mrs. Ginette Dupéré’s affiliated real estate agent certificate is therefore effective as of May 22, 2007 for a period of seven (7) years.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, May 22, 2007
Discipline Committee Secretary