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 licence
of Mr. Karl Goupil
NOTICE is hereby given that Mr. Karl Goupil, having been the holder of a real estate agent’s certificate (D9558) and having practiced in an establishment located in Gatineau, 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: Between on or around August 15, 2007 and on or around August 31, 2007, requesting a visit of an immovable from a real estate agent under the pretext of allowing the buyer to take measurements, and using the appointment thus made to show the immovable to other parties;
the whole contrary to sections 1, 13, 22, 26 and 28 of the Rules of Professional Ethics of the ACAIQ.
4th count: Between on or around October 25, 2007 and on or around February 26, 2008, with respect to immovables, witnessing the signature or initials of an alleged buyer on the following forms:
a) A promise to purchase, buyer section;
b) An annex AA, buyer section;
c) An annex AB, initials section;
d) A promise to purchase, acknowledgement of receipt section;
e) An annex AA, acknowledgement of receipt section;
f) An Amendments and notice of fulfilment of conditions form, buyer section;
g) A promise to purchase, buyer section;
h) An annex AA, buyer section;
i) An annex AB, initials section;
j) A counter-proposal, respondent’s reply section;
k) A counter-proposal, counter-proposer section;
l) A counter-proposal, acknowledgement of receipt section;
m) An Amendments and notice of fulfilment of conditions form, buyer section;
whereas the signature of the alleged buyer on the above documents was made by different people;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: Between the month of August 2007 and the month of February 2008, with respect to immovables, allowing a non-certificate holder to carry out illegal brokerage transactions, notably by requesting for visits of immovables for certain buyers, whereas he knew that any immovable in which these buyers were interested would first be acquired by a person acting as pivot for this non-certificate holder, before being resold to these buyers;
the whole contrary to sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ.
6th count: In Brossard, on or around November 19, 2008, making a false statement during an investigation conducted by an assistant syndic, notably by stating that all forms bearing the name or initials of an alleged buyer had been signed by this buyer;
the whole contrary to sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ.
On April 20, 2010, the Discipline Committee ordered a suspension of Mr. Karl Goupil’s certificate for a period of thirty (30) days on count No. 1 of the complaint, a suspension for a period of twenty-three (23) months on count No. 5 of the complaint, a suspension for a period of ninety (90) days on count No. 6 of the complaint, these periods to be served consecutively, and a suspension for a period of sixty (60) days on count No. 4 of the complaint, to be served concurrently with count No. 5 of the complaint, and prohibited him from applying for reinstatement or issuance of any certificate before the end of this period.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspension period shall take effect whenever the defendant applies for reinstatement or issuance of a certificate.
Given that Mr. Karl Goupil does not hold a licence, any licence shall be suspended for a period of twenty-three (23) months and one hundred and twenty (120) days whenever he applies for issuance.
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, May 26, 2010
Discipline Committee Secretary