Poulin, Paul W.
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 certificate
of Mr. Paul W. Poulin
NOTICE is hereby given that Mr. Paul W. Poulin, affiliated real estate agent (D7892), formerly employed by or authorized to act on behalf of Groupe Sutton - Action Inc., chartered real estate broker (A0884), whose establishment is located at 2190 Lapinière Blvd., in Brossard, has notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:
1st count: Starting on or around June 15, 2006 until the end of November 2006, with respect to a vacant lot, attempting to receive compensation of $8,000 in cash directly from a person other than the holder of a chartered real estate broker’s certificate who employs him or authorizes him to act on his behalf, i.e. the seller;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ and section 72 of the By-Law of the ACAIQ.
2nd count: After or around June 26, 2006, with respect to a vacant lot, failing to send without delay to the manager of the establishment to which he was assigned the information and documents required in order to maintain the records, books and registers, including the following forms:
a) a promise to purchase and accompanying Annex A;
b) a counter-proposal;
thus committing, for each of these documents, an offence under section 147 of the By-Law of the ACAIQ.
3rd count: With respect to an immovable, committing acts that are incompatible with an exclusive brokerage contract awarded to a chartered real estate broker, represented by a real estate agent, namely by taking the following actions in the absence or without the consent of the latter:
a) on or around March 12, 2007, by asking the seller to cancel the said brokerage contract;
b) on or around March 12, 2007, by negotiating directly with the seller;
thus committing, on each of these occasions, an offence under sections 1, 13, 43, 46 and 49 of the Rules of Professional Ethics of the ACAIQ.
6th count: Starting on May 28, 2007, with respect to an immovable, failing to allow the seller to exercise her right of withdrawal, namely by filing a recourse in title transfer against her on June 18, 2007, the whole contrary to the second paragraph of section 22 of the Real Estate Brokerage Act and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
On September 25, 2009, the Discipline Committee ordered a suspension of Mr. Paul W. Poulin’s certificate for a concurrent period of thirty (30) days on counts Nos. 1, 2 a) and 2 b) of the complaint, and a suspension for a consecutive period of thirty (30) days on counts Nos. 3 a) and 3 b), concurrent with one another, and a suspension for a consecutive period of twelve (12) months on count No. 6.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. October 30, 2009. The suspension of Mr. Paul W. Poulin’s affiliated real estate agent’s certificate is therefore effective as of October 30, 2009 for a period of twelve (12) months and sixty (60) days.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspensions and restrictions shall become effective whenever he 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, October 30, 2009
Discipline Committee Secretary