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 Mrs. Natalia Kurant
NOTICE is hereby given that Mrs. Natalia Kurant, affiliated real estate agent (E1335), formerly employed by or authorized to act on behalf of Proprio Direct Inc., chartered real estate broker (A3180), whose establishment is located at 3899, Aut-des-Laurentides, bur. 200, 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: On or about September 8th, 2007, with respect to immovable, attempting to have the sellers sign the section “Acknowledgment of receipt” of the Counter-proposal and the “Annexe G-Générale” without the authorization of their real estate broker represented by real state agent, the whole contrary to sections 1, 13, 43 and 46 of the Rules of professional ethics of the ACAIQ.
2nd count: On or about September 8th, 2007, with respect to an immovable, falsely representing that the prospective buyers and also herself as witness, had signed on September 7th, 2007, the following forms within the delay of irrevocability provided by the Counter-proposal, namely:
a) a Counter-proposal;
b) an “Annexe G-Générale”;
Committing for every and each of the above documents, an offence to sections 1 and 13 of the Rules of professional ethics of the ACAIQ
3rd count: With respect to an immovable, failing to send without delay to the manager of the establishment to which he is assigned, the information and documents required in order to maintain the records, books and registers provided for in Chapter XI of the By-law of the Association des courtiers et agents immobiliers du Québec, namely the following forms:
a) “Promesse d’achat”, together with “Annexe A” and “Annexe B”, signed on September 6th, 2007;
b) Counter-proposal, supposedly accepted on September 7th, 2007;
c) “Annexe G-Générale”, supposedly signed on September 7th, 2007;
Committing, for every and each of the above documents, an offence to sections 147 of the By-law of the ACAIQ
4th count: On or about August 21st, 2008, with respect to an immovable, during an inquiry conducted by an assistant syndic, making the following false statements:
a) “The acceptance of the Counter-proposal was signed on September 7th, 2007, as indicated”;
b) “I never tried to obtain the signature of the sellers before “their real estate agent” arrived”;
committing, for every and each of the paragraphs, an offence to section 55 of the Rules of professional ethics of the ACAIQ
On March 22nd, 2010, the Discipline Committee ordered a suspension of Mrs. Natalia Kurant’s certificate for a period of ninety (90) days on count No. 1 of the complaint, a suspension for a concurrent period of ninety (90) days on count No. 2 a), a suspension for a concurrent period of ninety (90) days on count No. 2 b), a suspension for a concurrent period of thirty (30) days on the count No. 3, a suspension for a consecutive period of thirty (30) days on count No. 4 a), and a suspension for a consecutive period of thirty (30) days months on count No. 4 b).
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. April 23rd, 2010. The suspension of Mrs. Natalia Kurant’s affiliated real estate agent certificate is therefore effective as of April 23rd, 2010. for a total period of one hundred and fifty (150) days.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the period during which she may not apply for reinstatement or issuance of any category of certificate for the above period shall begin 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) and section 133 of the Professional Code (R.S.Q., c. C-26).
Brossard, April 23rd, 2010
Discipline Committee Secretary