|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 is hereby given that Mr. Adrien Lapierre, having been the holder of an affiliated real estate agent’s certificate (C4673) and having practiced in an establishment located in Montréal, has notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offence summarized below:
2nd count: On or around April 1, 2005, with respect to an immovable, drafting and having the seller sign a brokerage contract and subsequently having a promise to purchase signed by the promising buyers, knowing that the latter had been interested by this immovable while another brokerage contract, entrusted to another real estate broker, was in force, thus committing offences against:
b) the real estate broker, represented by an affiliated real estate agent;
the whole contrary to sections 1, 13, 22, 24 and 43 of the Rules of Professional Ethics of the ACAIQ.
On October 13, 2010, the Discipline Committee ordered a suspension of Mr. Adrien Lapierre’s affiliated real estate agent’s licence (C4673) for a period of forty-five (45) days on count No. 2 b) of the complaint, to be served from the date of the appeals deadline if the defendant is the holder of a licence issued by the OACIQ, otherwise whenever he becomes the holder of such a licence, and prohibited the defendant from applying to the OACIQ for the issuance of any licence during this same suspension period.
Given that Mr. Adrien Lapierre does not hold a licence, his licence shall be suspended for a period of forty-five (45) days from the date of issuance of any licence.
This notice is given in accordance with section 98.1 of the Real Estate Brokerage Act (R.S.Q., c. C-73.2) and section 33 of the Regulation respecting the issue of broker’s and agency licences.
In accordance with section 143 of the Real Estate Brokerage Act, the Association des courtiers et agents immobiliers du Québec became the Organisme d’autoréglementation du courtage immobilier du Québec on May 1, 2010.
Brossard, November 19, 2010
Discipline Committee Secretary