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 and limitation
of the certificate of Mrs. Danielle Desrosiers
NOTICE is hereby given that Mrs. Danielle Desrosiers, chartered real estate agent (Certificate No. C4289), formerly employed by or authorized to act on behalf of Les Immeubles du Futur, chartered real estate broker (Certificate No. D5775), whose establishment is located at 674 Saint-Antoine Blvd. in Saint-Jérôme, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, notably of the offence summarized below:
1st count: With respect to an immovable:
a) on or around January 25, 2007, in the space reserved for signatures on the promise to purchase and on Annex A, writing the name of the promising buyer in his lieu and stead;
b) on or around January 30, 2007, in the space reserved for signatures on the counter-proposal, writing the name of the promising buyer in his lieu and stead;
c) on or around February 12, 2007, in the space reserved for signatures on the Amendments and notice of fulfilment of conditions form, writing the name of the promising buyer in his lieu and stead;
d) on or around April 28, 2007, in the space reserved for signatures on the promise to purchase, writing the name of the promising buyer in his lieu and stead; and
in each of the above instances, signing as witness to the signature of the promising buyer, thus committing an offence in each case;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
On August 17, 2009, the Discipline Committee ordered a suspension of Mrs. Danielle Desrosiers’ certificate for a concurrent period of thirty (30) days on each of counts Nos. 1 a), 1 b), 1 c) and 1 d) of the complaint, prohibited her from applying for the issuance of a chartered real estate broker –natural person’s certificate for a period of two years, and also prohibited her from being designated as member representative, member manager or assistant manager of a chartered real estate broker for the same period.
The decision of the discipline Committee is enforceable from the date of the appeals deadline, i.e. September 25, 2009. The suspension Mrs. Danielle Desrosiers’ chartered real estate agent’s certificate and the limitation of certain activities are therefore effective as of September 25, 2009 for a period of thirty (30) days.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above restrictions shall become effective whenever she applies for reinstatement or issuance of any category of certificate.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, September 25, 2009
Discipline Committee Secretary