33-11-1401

Licence number

E9294

Broker's name

Rajakone, Niroshan

Decision

NOTICE OF SUSPENSION
OF THE LICENCE OF MR. NIROSHAN RAJAKONE

File: 33-11-1401

NOTICE is hereby given that Niroshan Rajakone, former real estate broker (Licence No. E9294), whose establishment was located in Lachine, has notably been found guilty by the Discipline Committee of Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:

2nd count: On or around November 10, 2010, concerning an immovable:

a) acting in a way that was incompatible with the brokerage contract entrusted to the real estate agency represented by a real estate broker by meeting directly with the seller without the broker’s presence or consent;

b) at the meeting described in sub-section a), attempting to undermine the relationship between the real estate broker and the seller he represented;

thus committing, for count 2a), an offence under section 99, and for count 2b), an offence under section 92 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

4th count: Starting on or around November 11, 2010, concerning an immovable, asking the OACIQ Assistance Department to intervene by alleging that a licence holder had asked him for a certain sum of money in order to “finish presenting” a promise to purchase on which he was personally designated as buyer, whereas he knew that no such offence had been committed, thus committing an offence under section 108 of Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

5th count: In Brossard, between on or around January 5, 2011 and February 28, 2011, failing to cooperate with the investigation held by the assistant syndic:

a) by failing to respond as soon as possible to the latter’s requests regarding the holding of the meeting;

b) by failing to disclose and/or by hiding the fact that he was the holder of a licence issued by the OACIQ;
thus committing, for count 5a), an offence under section 105, and for count 5b), an offence under section 106 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

On June 30, 2014, the Discipline Committee ordered a suspension of Niroshan Rajakone’s real estate broker’s licence (Licence No. E9294) for concurrent periods of sixty (60) days on each of counts Nos. 2a) and 2 b), a consecutive period of sixty (60) days on count No. 4, and periods of sixty (60) days on each of counts No. 5a) and 5b), to be served concurrently with each other and with any other suspension period.

Given that Niroshan Rajakone is no longer the holder of a licence, he shall be suspended for a period of one hundred and twenty (120) days whenever he becomes a licence holder again.

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, August 5, 2014

Sylvie Desjardins
Discipline Committee Assistant Secretary