33-11-1362

Licence number

C3832

Broker's name

Massé, Jean Bernard

Decision

LICENCE SUSPENSION NOTICE

File: 33-11-1362

NOTICE is hereby given that Jean Bernard Massé, real estate broker, licence No. C3832, whose establishment is located in Saint-Hubert, has notably been found guilty by the OACIQ Discipline Committee of the offences summarized below:

Count 1: During or about March 2005, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by not showing the property before the signing of the promise to purchase by the prospective buyer; and/or by not advising the prospective buyer to have the immovable inspected; and/or by having the prospective buyer sign a promise to purchase in the amount of $155,000, while he knew or should have known that the latter did not have the financial capacity to make this acquisition and/or he was careless about it; and/or by failing to tell the prospective buyer that the immovable had been bought by the seller on February 1, 2005, for $115,000; and/or by leading the prospective buyer to believe that she would benefit from an increase in the value of said immovable upon its resale; and/or by promising the prospective buyer that, for her participation in this acquisition, she would receive an amount of $5,000, a sum which was never paid to her; thus abusing the trust of the prospective buyer.

Count 2: During or about March 2005, in the process of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending financial institution information and/or documents about the borrower he knew or should have known to be false.

Count 3: During or about October and November 2004, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by not ensuring that the prospective buyer visits the immovable before signing the promise to purchase; and/or by letting a promise to purchase in the amount of $115,000 to be signed by the prospective buyer through a real estate agent, while he knew or should have known that the prospective buyer did not have the financial capacity to make this acquisition and/or he was careless about it; and/or by not making sure that the prospective buyer is informed that the immovable had been bought by another seller on October 25, 2004, for $55,000; and/or by leading the prospective buyer to believe that she would benefit from an increase in the value of said immovable upon its resale; and/or by letting a real estate agent and/or the seller tell the prospective buyer that for her participation in this acquisition she would receive an amount of $5,000, a sum which was never paid to her; thus abusing the trust of the prospective buyer.

Count 4: During November 2004, in the process of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending financial institution information and/or documents about the borrower he knew or should have known to be false.

Count 5: During or about May 2005 and June 2005, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by letting a buyer acquire the immovable for $126,000, while he knew or should have known that the latter did not have the financial capacity to make this acquisition and/or he was careless about it; and/or by failing to tell him and/or without ensuring that he is informed that the immovable had been bought by the seller on February 7, 2005, for $85,000; and/or by leading the buyer to believe that he would benefit from an increase in the value of said immovable upon its resale, thus abusing the buyer’s trust.

Count 6: During or about May 2005, in the process of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending financial institution information and/or documents about the borrower he knew or should have known to be false.

Count 7: During or about September 2004, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by not showing the interior of the immovable before the signing of the promise to purchase by the prospective buyer, and/or by telling the latter that the property income would cover all costs related to this property, including mortgage payments; and/or by having the prospective buyer sign a promise to purchase in the amount of $133,000, while he knew or should have known that the latter did not have the financial capacity to make this acquisition and/or he was careless about it; and/or by failing to tell the prospective buyer that the immovable had been bought by the seller the day before, i.e.; on September 29, 2004, for $81,000; and/or by leading the prospective buyer to believe that she would benefit from an increase in the value of said immovable upon its resale; thus abusing the prospective buyer’s trust.

Count 8a): On or about September 30, 2004, concerning an immovable, prior to the signing of a promise to purchase by the prospective buyer, failed to disclose, without delay and in writing, his quality as a real estate agent and his direct or indirect interest he had in the immovable to the prospective contracting party. 

Count 9: During or about May 2004, in the process of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending financial institution information and/or documents about the borrower he knew or should have known to be false.

Count 10: On or around June 10, 2008, in Brossard, made a false declaration during an investigation conducted by the assistant syndic by telling him he had never taken care of mortgage financing for buyers.

Count 11a): Participated in a scheme to allow the prospective buyer to obtain a financing secured by immovable hypothec based on misrepresentations, notably on or around August 2004, when applying for a financing for a prospective buyer for the purchase of an immovable.

On November 27, 2017, the Québec Court modified the decision of the Discipline Committee dated June 15, 2016, by ordering the suspension of Jean Bernard Massé’s licence No. C3832, for a period of 55 months, effective December 7, 2017.

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 7, 2017

Renée Dionne
Discipline Committee Secretary