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. Gaétan Bouchard
NOTICE is hereby given that Mr. Gaétan Bouchard, affiliated real estate agent (Certificate No. B1509), formerly employed by or authorized to act on behalf of L'Expert Immobilier P.M. Enr., chartered real estate broker (Certificate No. A2312), whose establishment is located at 453 Beaubien St. E., Suite 201 in Montreal, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, notably of the offences summarized below:
2nd count: At an unknown date but probably on or around June 7, 2006 and on or around June 13, 2006, with respect to an immovable, leading others to believe that the brokerage contract had been signed on June 9, 2006 by the seller, and by himself as witness, whereas he knew or should have known that the actual date of signing was June 7, 2006, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: On or around January 9, 2008, in the course of an investigation conducted by an assistant syndic of the ACAIQ, falsely declaring:
a) that there had been 7 or 8 visits of the immovable between June 7, 2006, the actual date of signing of the brokerage contract, and June 10, 2006, the date of signing of the promise to purchase by the buyer;
b) that the buyer had seen the property on MLS prior to visiting it on June 9, 2006;
thus committing, in each instance, an offence under section 55 of the Rules of Professional Ethics of the ACAIQ.
On August 19, 2009, the Discipline Committee ordered a suspension of Mr. Gaétan Bouchard’s certificate for a period of thirty (30) days on count No. 2 of the complaint, and a suspension for a period of forty-five (45) days on each of counts Nos. 6 a) and 6 b), the latter to be served concurrently with each other, but consecutively to the suspension period ordered for count No. 2.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. September 24, 2009. The suspension of Mr. Gaétan Bouchard’s affiliated real estate agent’s certificate is therefore effective as of September 24, 2009 for a period of seventy-five (75) days.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspension periods 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, September 24, 2009
Discipline Committee Secretary