NOTICE OF A LICENCE REVOCATION
NOTICE is hereby given that Mariana Bortan, former real estate broker, licence No. D8230, whose establishment was located in Montréal, has been found guilty by the OACIQ Discipline Committee of the offences summarized below:
Count 1: Between October 16, 2005 and March 22, 2006, concerning an immovable, drafting a lease between a tenant and a landlord for the period extending from May 1, 2005 to May 31, 2006 and providing for a monthly rent of $850.00, while she knew or should have known that it did not reflect reality.
Count 2: Concerning an immovable, on or about November 16, 2005, encouraged a seller to draft the document entitled “Undertaking” in order to lead others to believe that the seller would give the prospective buyer the amount of $29,550.00 for some works upon the signing of a possible deed of sale, which did not reflect reality; and after January 31, 2006, sent the said document to the real estate agent who is responsible for obtaining mortgage financing, while she knew or should have known that this document did not reflect reality.
Count 3: Concerning an immovable, participated in a scheme to allow the prospective buyer to obtain a mortgage financing based on false representations, including:
a) on or about February 1, 2007, preparing and having a promise to purchase indicating a sale price of $440,000.00 signed, while she knew or should have known that it was not the actual selling price agreed upon between the parties;
b) on or about February 10, 2007, preparing and having a document entitled “Certificate of deposit” signed in order to lead others to believe that the prospective buyer had given the seller a down payment of $49,950.00 for the purchase of this immovable.
Count 4: On or about February 2, 2007, concerning an immovable, signed as a witness to the seller’s signature on a promise to purchase and on an Annex A form, while the seller was not the signatory of said documents.
Count 5: On seven occasions during 2006, modified or allowed someone to modify the selling price of an immovable listed on the Multiple listing Service of the Greater Montreal Real Estate Board, while she had no written authorization from the seller for this purpose.
Count 6: On or about September 18, 2008, concerning an immovable, during an investigation conducted by an assistant syndic, made false statements by claiming that:
a) she saw the lease for the first time during this meeting;
b) the seller signed an Amendments and notice of fulfilment of conditions form;
c) the seller signed a promise to purchase and an Annex A form.
On December 7, 2017, the Quebec Court confirmed the decision rendered by the Discipline Committee dated March 24, 2015 ordering, as to counts listed above, the permanent revocation of Mariana Bortan’s licence No. D8230, including the prohibition to apply for a new licence or to reactivate the licence D8230.
This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).
Brossard, December 11, 2017
Discipline Committee Secretary