for its excellent continuing education program

Madeleine Plamondon is leaving the ACAIQ
Last September, following her appointment to the Upper House of the Federal
government, Madeleine Plamondon left her position to the Board of Directors.
She had been named to the ACAIQ Board by the Québec government in June
1996. Putting a positive face on things, Chairman Serge Brousseau declared
that this appointment served two worthy purposes, i.e. acknowledging a remarkable career in the service of social justice while providing the appointee
with a prestigious forum in which to promote her ideas. Mr. Brousseau thanked
Mrs. Plamondon warmly for her commitment to the Association.
Serge Brousseau and Madeleine Plamondon
The publication for Québec real estate professionals
Volume 2 | Number 4 | November 2003
The ACAIQ is awarded the
for its excellent continuing education
program
The Association of Real Estate License Law Officials (ARELLO) has awarded the ARELLO Education
Award to the Association des courtiers et agents immobiliers du Québec for its excellent continuing
education program. Mr. Claude Barsalou, Assistant General Manager of the ACAIQ, received the
commemorative plaque from Mr. Scott Taylor, president of Arello, at a ceremony held in October as
part of the ARELLO annual convention in Portland, Oregon.
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RELLO is made up of most
organizations involved in regulating the practice of real estate
brokerage in the United States
and Canada, in addition to a great number
of organizations from South America,
Central America, the Caribbean, Australia, Asia and Africa. Its mission is to help
its members administer real estate brokerage laws aimed at ensuring the protection
of the public. In addition to encouraging
cooperation and the exchange of information between member organizations,
ARELLO is active in research in the area
of enforcement of real estate brokerage
laws and also defines standards concerning
basic and continuing education programs
as well as certification examinations.
This is a great honour to be bestowed
on the Association whom, in 2000,
adopted a continuing education policy
outlining the broad directions and principles that would guide its actions in subsequent years. It is interesting to note that
it only took three years for the ACAIQ to
get this recognition from its peers. The response from real estate brokers and agents
to the education activities offered by the
Association was well above expectations.
By the end of this year, some 300 education activities will have been held, for a
total of 10,000 participants. The following
chart shows the yearly growth in the number and variety of activities offered and the
number of participants they attracted.
LEGAL DEPOSIT: NATIONAL LIBRARY OF QUÉBEC, NATIONAL LIBRARY OF CANADA • ISSN 1703-9800
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
6300 AUTEUIL, SUITE 300, BROSSARD (QUÉBEC) J4Z 3P2
TELEPHONE: (450) 676-4800 OR 1 800 440-5110 • FAX: (450) 676-7801
[email protected] • WWW.ACAIQ.COM
Publications Mail • Agreement No. 40065526
PRINTED ON
RECYCLABLE
PAPER
Claude Barsalou and Scott Taylor
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Years
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2002
Activities
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203
Participants
2,720
5,714
8,500
When asked to comment on this recognition, Pierre Loiseau, Head of the Education Department, stressed that it was the result of teamwork. He added that this could
not have been achieved without the commitment and support of everyone who has been
directly or indirectly involved in developing the program. “It is also greatly due to our
trainers, their knowledge of real estate, the expertise they each have developed in their
respective fields and their talent as communicators that the Association is thus honoured
today.”
But that doesn’t mean that we’re done, concludes Mr. Loiseau. “Because the Association still has many projects that should come to fruition in coming years, this award
can only motivate us to stay the course and continue working towards our goal of excellence.”
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November 2003 | INFO-ACAIQ
2004 Edition
of the Québec Real Estate
Brokerage Award
Call for
T
he ACAIQ is once again this
year encouraging all brokers
and agents to submit their
nominees for the 2004 edition of the Québec Real Estate Brokerage
Award. Perhaps you know someone who
works in the field of real estate brokerage
who stands out by his/her commitment,
behaviour, skills and influence within the
profession? Now is the time to let us know.
The recipient will be chosen by a jury
of six members: five are appointed by the
Association’s Board of Directors and the
sixth will be Paul E. Myre, recipient of the
award in 2003. The award, a bronze medal
symbolizing an immovable under the sign
of elevation, cooperation and success, will
be presented at the 2004 ACAIQ Education Event to be held in Saguenay April
21-22, 2004. The deadline to submit
nominations is March 31, 2004.
• Influence: Place in the community and
the profession due to outstanding commitment and behaviour and exceptional skills.
The facts submitted to support these
criteria must be verifiable.
Each nomination must be supported
by at least two more persons, who must explain the reasons for their support in writing. Nominations are valid for a period of
two years. Nomination documents must
include the following:
• A duly completed Official Nomination
Form signed by the nominee, authorizing
his/her file to be submitted to the members of the selection jury;
• A letter of introduction signed by the
nominators outlining with verifiable facts
how the nominee meets the criteria;
• At least two letters of support signed
by persons other than the nominators
outlining the reasons for their support.
There can be a maximum of five letters of
support;
• A resumé outlining the details of the
nominee’s education, career profile, personal and professional information and
any other information (extracurricular,
social, community activities, etc.) deemed
relevant;
If you know someone whose actions
make them a potential recipient of the
Québec Real Estate Brokerage Award, please
submit their nomination to:
Notice of suspension of certificate
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
(File No.: 33-00-0451)
NOTICE is hereby given that Stéphane Daigneault,
affiliated real estate agent (B0704AF) employed
by or authorized to act on behalf of Re/Max de la
Pointe, chartered real estate broker (A3304CA),
whose establishment is located at 13150 Sherbrooke St. East in Montréal, has pleaded guilty to
the violations of which he was accused, i.e.:
1st count : In Montréal, participating in an act in
real estate matters which may cause prejudice to
the public, namely by advising his client to sign
an Amendments and Notice of Fulfilment of Conditions form whereas a Promise to purchase contained no mention under clause 9.1 of an Amendments and Notice of Fulfilment of Conditions form,
contrary to section 13 of the Rules of Professional
Ethics of the Association des courtiers et agents
immobiliers du Québec .
2nd count : In Montréal, participating in an act in
real estate matters which is illegal, namely by imitating his client’s signature on an Amendments and
Notice of Fulfilment of Conditions form, contrary to
section 13 of the Rules of Professional Ethics of the
Association des courtiers et agents immobiliers du
Québec .
3rd count : In Boucherville, in pursuing his activities, attempting to evade his professional civil liability toward his client, namely by having her sign
an Amendments and Notice of Fulfilment of Conditions form in which his client declares herself: “…
fully satisfied and agreeing not to take any action
against her agent Stéphane…”, contrary to section 31 of the Rules of Professional Ethics of the
Association des courtiers et agents immobiliers du
Québec .
Selection Jury
Québec Real Estate Brokerage Award
Association des courtiers et agents
immobiliers du Québec
6300 Auteuil, Suite 300
Brossard, Quebec J4Z 3P2
Evaluation criteria
Nomination documents
The nominees will be evaluated using the
following criteria:
• Commitment: Action by the nominee
that demonstrates that, above all, the
nominee puts his/her know-how to the
service of his/her clientele and community
and that he/she takes part in the betterment of the profession;
• Behaviour: Attitude marked by respect
for others and high ethics, good communication and listening skills, availability,
integrity, a teamwork, cooperation with
peers and perseverance;
• Skills: Demonstrated skill and in-depth
knowledge giving the nominee the ability
to assist and advise his/her clients, keen
attention to detail;
Nominations must be submitted by at least
two persons other than the nominee, or
by any organization (franchisor, real estate
brokerage firm, real estate board, chamber
of commerce, government or consumer
protection agency, financial institution,
etc.) except the ACAIQ.
For more information, please contact
Patrick Martinet at (450) 462-9800 or
1-800-440-7170, ext. 449.
ACAIQ
4th count : In Montréal, accepting compensation
directly from a person other than the chartered real
estate broker that employs him or authorizes him
to act on his behalf, by receiving directly a sum of
one thousand five hundred dollars ($1,500) following the sale of an immovable, contrary to section
72 of the By-Law of the Association des courtiers
et agents immobiliers du Québec .
5th count : In Montréal, participating in an act in
real estate matters which is illegal or which may
cause prejudice to the public, namely by failing to
advise his client not to sign the adjustments sheet
presented by the notary, a sheet falsely indicating
that his client received the sum of $34,000 following the sale of an immovable, contrary to section
13 of the Rules of Professional Ethics of the Association des courtiers et agents immobiliers du
Québec .
Forms
Take advantage of a trial period of 30 days,
free of charge, from our extranet site.
On October 9, 2003, the Supreme Court of
Canada rejected the application for leave to appeal
the April 15, 2003 decision from the Court of Appeal of Quebec ordering, on the 1st and 5th counts,
the suspension of Mr. Stéphane Daigneault’s certificate for a period of six months, and on the 2nd
count, the suspension of Mr. Stéphane Daigneault’s
certificate for a period of one year, to be served
concurrently. Fines totaling $5,200 were also imposed for the 1st, 2nd, 4th and 5th counts and a
severe reprimand was issued on the 3rd count.
www.extranet.acaiq.com
MICHAEL R. CONCISTER
The suspension of Mr. Stéphane Daigneault’s affiliated real estate agent certificate is effective immediately.
Avocat-Barrister & Sollicitor
B.A., B.C.L., LL.B. DIP. MGMT ( APP.)
The manager (or representative) of each establishment must post this notice in a visible location of
their office.
Specialized in Real Estate
Spécialisé en droit immobilier et
baux commerciaux
Membre du Barreau du Québec
Member of Bar of Ontario
This notice is given in accordance with section
137 of the Real Estate Brokerage Act (R.S.Q., c.
C-73.1).
Longueuil, Borough of Brossard,
October 9, 2003
1253, ave McGill College, Suite 955
Montréal, Québec H3B 2Y5
Diane Heppell
Discipline Committee Secretary
Tél : (514) 875-5311
Fax : (514) 875-8381
E-mail : [email protected]
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November 2003 | INFO-ACAIQ
ACAIQ urges the Government to approve the
!
for Québec Real Estate Brokers and Agents
M
Director Robert Nadeau. “The ultimate
goal is to continue to ensure protection
for consumers in transactions that are
often the most important ones of their
lives. That is why it is in the best interests
of both consumers and the industry in
general to create this type of Fund in order
to protect the public by ensuring adequate
ontréal, November 13,
2003 – The Association
des courtiers et agents
immobiliers du Québec
(ACAIQ) is urging the government to
approve the creation of a Professional
Liability Insurance Fund for Québec real
estate brokers and agents before the end of
this year, in order to ensure protection for
them, as they practice their profession, as
well as for consumers. Unless the government acts swiftly, before December 31,
brokers and agents may no longer be able
to guarantee their responsibility to the
public.
Professional liability insurance is
mandatory, and brokers now have to
obtain coverage from private insurers. This
insurance protects consumers in the event
of claims for any mistakes, errors, negligence, or omissions that brokers or agents
might make in carrying out their duties.
“The Fund will put an end to the
problems of insurers who are reluctant
to cover brokerage risks, sharp premium
hikes that sometimes amount to more
than 200%, and the difficulty that some
professionals have in obtaining coverage,”
said ACAIQ President and Executive
Please take note that the sale price will be increased by $5.00 each pack of forms produced
by the Association des courtiers et agents immobiliers du Québec, starting January 1st,
2004. This increase applies to all ACAIQ mandatory and recommended forms.
coverage. This makes amending the Real
Estate Brokerage Act urgent.”
The Fund, which would be managed
by the ACAIQ, would also ensure that
consumer claims are processed faster and
more efficiently, while providing consumers with better protection.
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Preuve qu’il a choisi la bonne bannière, une
bannière dont la notoriété est acquise!
NOUS...
• proposons des outils exclusifs favorisant le prise de contrats de courtage;
• véhiculons l’image d’une solide bannière entièrement québécoise axée
sur le service aux consommateurs;
• sommes le dépositaire exclusif au Québec de toutes les reprises hypothécaires
résidentielles de la Société canadienne d’hypothèques et de logement;
• offrons un programme d’avantages sociaux à nos agents;
Notice of suspension of certificate
• avons mis sur pied un vaste réseau de références avec le réseau Coldwell Banker
regroupant 3 600 succursales et plus de 100 000 agents immobiliers
en Amérique du nord.
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
(File No.: 33-03-0674)
NOTICE is hereby given that Mr. Raynald Michaud,
affiliated real estate agent (B5977) employed by or
authorized to act on behalf of La Capitale Banlieue
Est, Coop, chartered real estate broker (C3465),
whose establishment is located at 544 NotreDame St. in Repentigny, has pleaded guilty to the
violations of which he was accused, i.e.:
MAIS SURTOUT, NOUS...
• sommes abordables... une franchise La Capitale peut être à vous pour 250 $
par mois, sans aucuns autres frais obligatoires.
1st count : In Lanoraie, on or around May 11, 2001,
participating in an act or practice in real estate
matters which may be illegal or which may cause
prejudice to the public or to the profession and
which is incompatible with an exclusive brokerage
contract awarded to a chartered real estate broker,
namely by having a seller sign another brokerage
contract, contrary to sections 1, 13, 45 and 46 of
the Rules of Professional Ethics of the ACAIQ ;
SEUL OU AVEC UN GROUPE D’AGENTS, DEVENEZ FRANCHISÉ LA CAPITALE pour
gérer votre propre bureau immobilier; différentes formules sont possibles entre créer
une nouvelle équipe ou acquérir un bureau déjà existant. Des territoires sont
disponibles dans maintes régions du Québec.
2nd count : In Lanoraie, on or around May 11,
2001, participating in an act or practice in real
estate matters which may be illegal or which may
cause prejudice to the public or to the profession,
namely by having sellers sign a counter-proposal to
a promise to purchase for an amount higher than
the actual selling price, contrary to sections 1 and
13 of the Rules of Professional Ethics of the ACAIQ.
Information / Entrevue confidentielle :
Développement des franchises au 1 (800) 363-6715, poste 312.
FRANCHISES LA CAPITALE / LISTE DES TERRITOIRES DISPONIBLES
MONTÉRÉGIE
Brossard • Chambly • Châteauguay
La Prairie • St-Hubert • St-Lambert
Longueuil, Borough of Brossard,
November 3, 2003
MONTRÉAL BANLIEUES
Beaconsfield • Dorval
Montréal centre-ville • Montréal-Nord
Outremont • St-Laurent • St-Léonard
Vaudreuil • Ville Mont-Royal
Westmount • Etc…
QUÉBEC
De nombreux secteurs du Québec
métropolitain tels que :
Cap-Rouge • Duberger
L’Ancienne-Lorette • Loretteville
Neufchâtel • Val-Bélair • Etc…
Plus les comtés suivants :
Berthier • Charlevoix • Chauveau
Lotbinière • Montmorency • Portneuf
Diane Heppell
Discipline Committee Secretary
LAVAL RIVE NORD
Lachenaie • Ouest de Laval
Terrebonne • Etc…
ESTRIE
Beauce • Comté Richmond
Compton • Mégantic
On September 25, 2003, the Discipline Committee
imposed a $1,200 fine for the 1st count. In addition, the Discipline Committee has ordered the suspension of Mr. Raynald Michaud’s certificate for a
period of thirty (30) days from the appeals deadline. The Discipline Committee’s decision is effective as of November 3, 2003.
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Comté Argenteuil
Région de Mont-Tremblant
AILLEURS AU QUÉBEC
Abitibi
Témiscamingue
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November 2003 | INFO-ACAIQ
Mortgage referral ruled
a real estate brokerage
activity
I
n a decision handed down on May
21, 2003, the Court of Appeal of
Quebec has confirmed that the referral of clients to a lending institution
for a loan secured by immovable hypothec,
in exchange for compensation if the loan
is granted, constitutes a brokerage activity under the Real Estate Brokerage Act.
According to the Court, laws governing
real estate brokerage activities are there
to ensure the protection of the public and
this protection would be diminished if
securities brokers and their representatives who do not hold the authorizations
or certificates required under these laws
were allowed to encourage their clients to
borrow against an immovable hypothec
collateral.
Following are the facts that led to this
decision. In 1999, Compagnie de Fiducie
M.R.S., a trust company active in the field
of mortgage lending across Canada and a
subsidiary of a major investment management company, Mackenzie Financial
Corporation, wanted to launch a client referral program in Québec as it had already
done in other Canadian provinces. Under
this program, investment representatives
who were part of the Mackenzie financial
distribution network could direct clients
seeking a loan secured by immovable
hypothec to M.R.S. If M.R.S. granted
a mortgage of more than $50,000 to a
client, M.R.S. would pay the securities
broker whose representative referred the
client an amount of up to $400.
Under the M.R.S. program, the role
of the securities broker and his representative was to be limited to:
• provide clients with documentation concerning M.R.S. mortgage products;
• provide clients with a toll-free telephone
number to reach an M.R.S. representative;
or;
• have clients fill out a reply card with
their name, address and telephone number
so a representative could contact them
directly.
Once the client was thus put in contact with M.R.S., the role of the securities
broker or his representative would stop
there. The rest would concern only the
client and M.R.S. Therefore, the broker
or his representative would provide no
advice, would not represent themselves as
mortgage brokers, would not take part in
the loan application or approval process,
would not contact M.R.S. and, more
generally, would not undertake any action
with M.R.S. on behalf of the client.
This being said, the Association des
courtiers et agents immobiliers du Québec
(ACAIQ) still considered the referral
process in this program to be a brokerage activity under the Real Estate Brokerage Act. The ACAIQ felt that only a real
estate broker or agent or a representative
registered with the Bureau des services fi nanciers (BSF) and authorized to carry out
brokerage activities in connection to loans
secured by immovable hypothec, in accordance with the Act respecting the Distribution of Financial Products and Services,
should be able to use the referral process as
described in the M.R.S. program.
Not satisfied with the Association’s
interpretation, M.R.S. filed a motion for a
declaratory judgment before the Superior
Court to establish that the proposed program would not involve real estate brokerage activities. The Superior Court agreed,
stating that “the act of referring a client to
M.R.S. in order to help secure a mortgage
loan does not make a securities broker or
his representatives, subject to the CVMQ
(Quebec Securities Commission) ethics, into intermediaries. They are merely
referring, [which] cannot be considered
a real estate transaction that could come
under the jurisdiction of the respondent,
(the ACAIQ), in its role of protecting the
public”.
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[email protected]
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November 2003 | INFO-ACAIQ
Professional Inspection
This Superior Court decision
meant that securities brokers and
their representatives registered with
the CVMQ and those registered
with the BSF could engage in
mortgage referral activities under
the program proposed by M.R.S.
without holding a real estate broker
or agent certificate or the required
authorization by the BSF. The
ACAIQ appealed this decision,
and the Court of Appeal ruled in
its favour. According to the court,
“the role of broker is essentially that
of an intermediary: by his intervention, he plays an essential role
in establishing contact between a
lender and a borrower”.
This decision from Québec’s
highest court clearly states that
anyone engaging in a referral activity, even to a very slight degree,
in connection with loans secured
by immovable hypothec, is also
carrying out a real estate brokerage
activity, whether this person does is
frequently or not. The person must
therefore hold a certificate issued
under the Real Estate Brokerage Act
or apply for an authorization under
the Act respecting the Distribution of
Financial Products.
Changes to
Y
ou already know about your obligation to disclose in writing to your client any
compensation agreement that may generate a conflict of interest with him, and
to disclose any compensation (other than that mentioned in the mandatory
brokerage contract) that you have received or expect to receive in the course of
this contract.
Compensation agreements are generally perceived by the public as being a source
of conflict of interest, which is why they must always be disclosed… in writing! The
Professional Inspection Committee of the ACAIQ has revised the Notice of disclosure
form and come out with a new and simplified “Disclosure of Compensation Agreements”
form.
Section I: Identity of the client
You are now only required to enter the client’s complete ID information, including
phone number. However, you no longer need to include the information pertaining to
the real estate transaction or to attach documents. The broker or hypothecary lender will
take care of contacting the client and getting the necessary information or documents.
You need only to forward this form.
Section II: Declaration
Complete this section whether for a compensation agreement pertaining to the referral of clients to hypothecary lenders, a compensation agreement for directing a client to
another real estate broker or any other compensation agreement with goods or services
providers. Agreements with moving companies are an example.
F
ollowing the recent departure of Louise Clément, in August the Chambre immobilière de
Québec welcomed its new General Manager in the person of Gina Gaudreault. With diplomas
in Human Resource Management and Sociology, Mrs. Gaudreault is currently completing her MBA
at UQAM. Born in the Lower St. Lawrence region, Gina Gaudreault also has an extensive management experience. She has become known, among other distinctions, through her involvement within
the Regroupement des centres-villes et des artères commerciales du Québec (Québec association
of downtown cores and commercial arteries), an organization she headed for more than ten years.
Before that, as General Manager for Action Kamouraska, she participated in the economic development of this region in addition to being Town Councilor in La Pocatière from 1986 to 1994.
Gina Gaudreault
The term “compensation” is used in
its broadest sense and is not limited to the
payment of a sum of money. It can take
different forms such as a trip, a rebate on
services, gifts, etc.
We suggest that brokers make the
task easier for their agents by indicating in
advance on the disclosure forms all compensation agreements; this way, these can
be quickly accessed and easily updated.
Disclosure forms must make mention of
all agreements, verbal or written, with
hypothecary lenders or any other provider
of goods or services.
Remember that an agent may not
receive compensation from a person other
than the broker who employs him or on
whose behalf he is authorized to act. In
addition, any compensation for directing a
client to another broker or a hypothecary
lender must be treated like a full-fledged
brokerage transaction under the Real Estate Brokerage Act, and therefore be entered
in the register of transactions. Copies of
the compensation agreement, disclosure
form and any other document pertaining
to the transaction (compensation cheque)
must be filed in the transaction record.
The new “Disclosure of Compensation Agreements” form is available on the
ACAIQ website (http://www.acaiq.com).
For a better understanding of your obligations in this regard, we refer you to the
article entitled “Disclosure concerning
hypothecary referrals” published in July
1999 in ACAIQ Magazine and also accessible on our website.
P R O G R A M M E D ’ A S S U R A N C E P O U R L E S M E M B R E S D E L’ A C A I Q
Self-Sufficient,Eager,
Donnez-vous des assises solides...
And Determined Professional
Le programme d’assurance de
l’Association des courtiers et
agents immobiliers du Québec est
le seul qui puisse satisfaire pleinement vos besoins d’assurance.
Le seul qui vous offre des taux aussi
avantageux. Et le seul pour lequel
une équipe multidisciplinaire a été
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• Find ways of changing things.
• Get more exposure and recognition.
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Become a member of the Association des
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For information,call (450) 676-8666.
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Association Section,Left Column.
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6
November 2003 | INFO-ACAIQ
A deposit can
2004 ACAIQ Education event
C
he Association des courtiers et agents immobiliers du Québec, in cooperation
with the Chambre immobilière du Saguenay/Lac Saint-Jean, is pleased to invite all its members to the 2004 edition of the ACAIQ Education Event, to be
held in Saguenay on April 21 and 22, 2004 at hotel Le Montagnais. As usual,
the Annual General Meeting will coincide with this convention.
This year’s theme, Our History and Our Future, is a tribute to the profession and a
portrait of its evolution over time. The year 2004 will mark the 50th anniversary of the
Chambre immobilière du Saguenay and the Corporation des courtiers en immeubles de la
province de Québec, forerunner of the ACAIQ, itself celebrating ten years of existence.
Conferences, testimonials, archives and practical tools will be the order of the day
at the 2004 ACAIQ Education Event. Also in attendance will be Ordre des psychologues
du Québec President and renowned Radio-Canada commentator Anne-Marie Charest,
who will talk about human relationships in the daily practice of our profession.
The Real Estate Brokerage Award will also be presented at this annual convention,
during the Chairman’s Dinner. Last year’s honoree, Mr. Paul E. Myre, will present the
coveted bronze medal to this year’s winner. The evening will end with a spectacular
show.
Don’t miss this unique gathering! Join us on April 21 and 22 in Saguenay. For
information, contact Julie Poulin, Communications Advisor, at 450-462-9800 ext. 448
or 1-800-440-7170 ext. 448.
lause 4.2 of the mandatory form “Promise to purchase” gives the buyer the
opportunity to pay a deposit on the selling price of a property. This deposit
should be strongly recommended as it further attests to the motivation of the
buyer. It involves the commitment of a sum of money whose management is
entrusted to a real estate broker “in trust” until the completion of the transaction.
The deposit can also be important when the seller receives two promises to purchase
simultaneously. In such a case, a buyer who paid a deposit could have the advantage over
one who did not and be preferred by the seller. It should also be mentioned that a real
estate broker or agent must recommend that a reasonable deposit be paid to the broker
signing the brokerage contract to be deposited in a trust account.
The deposit placed in a real estate
broker’s trust account will benefit from
the protection offered by the Fonds
d’ indemnisation du courtage immobilier.
For each brokerage transaction, the deposit
shall be protected against misappropriation of funds for up to $15,000.
If, for a reason indicated in the
conditions of the promise to purchase, the
transaction becomes null and void, the
broker-trustee must refund the deposit to
the buyer without delay. However, if the
buyer claims his deposit while there is controversy over the validity of the promise
to purchase, the broker must inform the
seller in writing that he will be refunding
the deposit to the buyer within a specified
period unless the seller proves that he has
initiated title transfer procedures. In this
case, the deposit shall be retained by the
broker-trustee until a decision is rendered
or until there is an agreement between
parties. Other action can also be taken
before the courts by the seller, which could
lead to seizure and receivership procedures.
For more information on how to
proceed when a buyer claims his deposit,
read the article entitled “Refund of trust
deposits” available on the ACAIQ website
(www.acaiq.com) or call the Info ACAIQ
information center at (450) 462-9800 or
1 800 440-5110.
T
Certificate renewal
!
Only a few days left before December 10 deadline to send your renewal form duly
completed and your payment to the Association. Requests received after December 31 cannot be processed as a renewal and will be considered a new issue, with
the corresponding fee. No change has been made to the certificate renewal forms
this year. Much of the information to be provided by the applicant is already
printed on the form; all the member has to do is check for accuracy and enter any
necessary corrections. You can check the status of your certificate renewal online
on the Association’s extranet site at www.extranet.acaiq.com.
Des solutions mobiles pour
les membres de l’ACAIQ
200
23$ minutes
Forfait
partenaire
par mois
20¢
la minute additionelle
en tout temps
en tout temps
ANALOGIQUE
ET SCP NUMÉRIQUE
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appels entrants provenant
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Plan Elite*
Pour les gens soucieux de bien servir leurs clients
Info ACAIQ
200
(450) 462-9800
1 800 440-7170
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de jour
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L’afficheur
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entrants
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**Messagerie
texte illimité
Le tout pour 48,50 $ / mois, une économie de 24,50 $
Pour plus d’information,
contactez votre dépositaire
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ou composez le
1 800 361-0040
Avec le
Compaq iPAQ
visualisez
vos propriétés
à vendre.
Numero de référence : LACAI15
**Permet de recevoiret d’envoyer des messages textes remplacant ainsi la pagette.
* Le plan Elite est exclusif aux membres de l’ACAIQ et doit comprendre
au minimum les options et le service de base énuméré ci-haut. Services
Facturation détaillée ainsi que Conférence à trois, Appel en attente et Renvoi
automatique compris. Disponible sur le territoire desservi par Bell Mobilité
seulement. Frais d’accès au réseau 6,95$/mois. Bell Mobilité se réserve le
droit à toutes modifications sans préavis.
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7
November 2003 | INFO-ACAIQ
Board opts to maintain
New legal insurance service
!
The ACAIQ is now offering its members a new legal insurance service through its partnership program with
Dale Parizeau LM. This coverage is added as a rider to the home insurance program and is designed to help
policyholders defend their rights at a low cost. The program consists in an unlimited legal insurance service
and a protection that allows the policyholder to hire the lawyer of his choice. Disputes covered include: acts
of consumption, physical and property damage, property or housing, income security and individual labour
conflicts. For more information, please contact the Association’s broker, Dale-Parizeau LM, directly.
• Montréal: (514) 282-1112 • Québec City (Poitras, Lavigueur): (418) 647-1111 • Elsewhere in Québec:
1-800-361-8715.
for real estate brokers and
agents
Offre d’emploi
T
he Board of Directors of the Association des courtiers et agents immobiliers du Québec has again confirmed its intention to maintain its members’
personal insurance plan (life, health, drug and income). This decision was
made following a request submitted by a member, asking that the Association
terminate this plan, in which the Quebec Health Insurance Board is forcing him to enroll
in accordance with the Act respecting prescription drug insurance.
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
L’Association des courtiers et agents immobiliers du Québec est l’organisme chargé de la surveillance du
courtage immobilier au Québec. Sa mission consiste à protéger le public par l’encadrement des activités professionnelles de tous les courtiers et agents immobiliers exerçant au Québec, comme le prescrit la Loi sur le
courtage immobilier. Le Bureau du syndic de l’Association recherche une personne pour combler un poste de :
PROCUREUR DU SYNDIC
Under this act, which came into force
in 1997, anyone who is eligible to join a
group insurance plan must enroll in the
plan, thereby excluding them from the
public drug insurance plan. Because the
ACAIQ offers such a plan, which it did
long before the law was enacted, every
broker or agent who does not have access
to another group insurance plan, either
through their spouse, their employer or the
banner under which they practice, must
join the Association’s plan.
It is important to note that last year,
the government began systematically tracing individuals insured under the public
plan although they have access to a private
plan. Their coverage under the public plan
is immediately terminated and violators
are required to pay arrears that can range
in the thousands of dollars.
The Association’s Board of Directors
feels it essential that we offer our members
a group insurance plan, otherwise a large
number of brokers and agents, who are often self-employed, would not benefit from
any of the protections it offers. Also, please
note that the various insurance plans sponsored by the Association and distributed
by Dale-Parizeau LM will soon be modified to increase coverage and reduce costs.
More information will follow.
Relevant du syndic et sous la supervision du chef de service – procureurs du syndic, la candidate ou le candidat
retenu agit à titre de conseiller et de procureur pour le Bureau du syndic devant le Comité de discipline et les tribunaux de droit commun en matière de droit disciplinaire.
Notice of suspension of certificate
Les principales fonctions sont d’analyser les dossiers d’enquête, rédiger les plaintes, ainsi que de préparer et
plaider les dossiers devant le Comité de discipline et les tribunaux supérieurs.
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
CONDITIONS ET QUALIFICATIONS
(File No.: 33-00-0429)
La candidate ou le candidat doit détenir un baccalauréat en droit, être membre en règle du Barreau du Québec, posséder un minimum de quatre ans d’expérience pertinente en plaidoirie devant les tribunaux ainsi qu’une
excellente maîtrise verbale et écrite des langues française et anglaise.
NOTICE is hereby given that Mr. Sylvain Krief, affiliated real estate agent (certificate No. B0825), employed by or authorized to act on behalf of Royal
LePage Dynastie, chartered real estate broker (certificate No. C9600), whose establishment is located at 423 Victoria Avenue in Saint-Lambert, has
been found guilty of three (3) violations of which
he was accused, i.e.:
De plus, la candidate ou le candidat doit avoir un esprit d’analyse et de synthèse, du jugement, du tact, un sens
critique, l’esprit de décision et la capacité de travailler en équipe.
La connaissance de la Loi sur le courtage immobilier et ses règlements constitue un atout.
Veuillez adresser votre curriculum vitæ à :
ACAIQ
a/s Magalie Odnéus • Agente – Ressources humaines
1st count : On the South Shore of Montréal, on
or around June 30, 1998, failing to send without
delay to the manager of the place of business to
which he was assigned the documents concerning
a promise to purchase, contrary to section 147 of
the By-Law of the ACAIQ ;
6300, rue Auteuil, bureau 300, Brossard (Québec) J4Z 3P2
Télécopieur : (450) 676-1971 • Adresse électronique : [email protected]
N.B. Nous vous remercions à l’avance de votre intérêt, cependant seules les personnes dont la candidature aura
été retenue recevront un accusé de réception.
3rd count : On the South Shore of Montréal, on
or around July 2, 1998, participating in an act in
real estate matters which may be illegal, namely by
modifying a bank’s signed temporary mortgage approval, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ ;
4th count : On the South Shore of Montréal, on or
around July 2, 1998, participating in an act in real
estate matters which may be illegal, namely by using a bank’s “pre-qualification” temporary approval document for the benefit of a buyer in connection with a transaction, when he knew or must
have known that the document was forged, contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
On November 13, 2003, the Supreme Court of Canada rejected the application for leave to appeal the
decision by the Court of Appeal of Quebec dated
June 4, 2003, ordering for the 3rd and 4th counts
the suspension of Mr. Sylvain Krief’s certificate for
a period of one (1) year, to be served concurrently.
Fines totaling $5,500 were also imposed for the
three (3) counts.
Dale-Parizeau L.M.
Montréal :
(514) 282-1112
Québec (Poitras, Lavigueur) :
(418) 647-1111
Elsewhere in Québec :
1 800 361-8715
Longueuil, Borough of Brossard,
November 13, 2003
Diane Heppell
Discipline Committee Secretary
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8
November 2003 | INFO-ACAIQ
Tuesday, October 14, 2003
Recently,
the Chambre immobilière
de l’Outaouais celebrated
the 90th birthday of Mrs.
Hortense Roy, one of its
members. This is the message
sent to her by the ACAIQ on
that occasion.
Notice of suspension of certificate
Trans-Action Outaouais 2000 inc.
c/o Mrs. Hortense Roy
139 de l’Hôpital Blvd.
Gatineau, QC
J8T 8A3
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
(File No.: 33-03-0686)
NOTICE is hereby given that Mario Bouchard, affiliated real estate agent (B2434), while employed by
or authorized to act on behalf of Immeubles Damlobec inc., chartered real estate broker (A3708),
whose establishment is located at 1276 SacréCœur Blvd. in Saint-Félicien, has had a complaint
filed against him with the Discipline Committee of
the Association des courtiers et agents immobiliers
du Québec, stating the following:
Subject: Your 90th birthday
Dear Hortense:
On behalf of the Association des courtiers et agents immobiliers du Québec, please allow
us to wish you a very Happy 90th Birthday! As you probably know, as affi liated real estate
agent, you are the most senior of the ACAIQ’s 13,052 members. But much more than a
record, amazing as it may be, to us you are a veritable source of inspiration. What energy you
have! What an example you set!
1st count: In St-Félicien, during the month of August 2002, participating in an act or practice in real
estate matters which may be illegal or which may
cause prejudice to the public or to the profession,
namely;
You worked as a teacher for about forty years before embarking on a second career in real
estate more than twenty years ago. That is truly extraordinary! To paraphrase a song from
Quebec poet Félix Leclerc, whom you may have met when he lived in your home town of
Vaudreuil, your shoes have done a lot of traveling!
a) by falsely identifying Denis Brossard as the
buyer on a promise to purchase, and by having the
real buyer sign this name in the space reserved for
the buyer’s signature on a promise to purchase;
We are not surprised, therefore, that you have become a living encyclopedia for your colleagues, or that you attend all our local education activities, something that is strongly
encouraged by the ACAIQ. As we’re sure you have discovered, vitality, curiosity and success
go hand in hand.
b) by falsely identifying Denis Brossard as the
tenant on a lease, and by having the real tenant
sign this name in the space reserved for the tenant’s signature on a lease;
Through the grapevine, we have also heard about the wonderful human qualities that set you
apart as much as your longevity. You are obviously well-loved and well-respected and we are
truly honored to count you among our members and to take a humble part in the homage
paid to you today. Once again, a very Happy Birthday to you, Hortense, and long life!
The Montreal daily The Gazette recently reported that Maureen Boyce, a real estate agent who
works in the West Island, took an active part in
the Shave to Save fundraising campaign organized by Mix 96 through the month of October
to collect money for the Quebec Breast Cancer
Foundation and raise public awareness for this
worthy cause. She donated her hair to make
wigs for cancer patients who have lost their hair
through chemotherapy.
c) by leading the co-seller to a brokerage
contract to believe that the buyer’s name was Denis
Brossard;
contrary to section 13 of the Rules of Professional Ethics of the Association des courtiers et agents
immobiliers du Québec .
Serge Brousseau
Chairman of the Board
2nd count : In Saint-Félicien, during the months
of July and August 2002, failing to send without
delay to the manager of the place of business to
which he is assigned the information and documents required by the manager to maintain the records, books and registers provided for in Chapter
XI of the By-Law of the Association des courtiers
et agents immobiliers du Québec , namely a promise to purchase and a lease, contrary to section 147
of the By-Law of the Association des courtiers et
agents immobiliers du Québec .
Robert Nadeau
President and Chief Executive
Officer
Mortgages
3rd count : In Saint-Félicien, on or around August
8, 2002, when drafting a promise to purchase, failing to use the mandatory content required on form
(Annex A – Immovable” and the mandatory format
prescribed, contrary to sections 87 and 88 and
Schedule 2 of the By-Law of the Association des
courtiers et agents immobiliers du Québec and section 26 of the Regulation respecting the application
of the Real Estate Brokerage Act .
Benefit from the expertise and availability of your Mortgage Development
Manager.
Loans approved within 24 hours. *
Mortgage Development Department:
1-888-371-0760
Gone is the long hair flowing in the wind… it is
now completely shaved. Her two kids were very
proud of her, both for the courage it took to do
this and for the handsome sum she collected,
i.e. a little over $10,000 to add to the $338,387
collected by this campaign. It was a shock for
Maureen Boyce when she looked in the mirror.
She feels naked, but she has no regrets!
Following the hearing on a request for provisional striking off the roll, on September 18, 2003 the
Discipline Committee ordered the following:
Ask your
Mortgage Development Manager.
- that the certificate currently held by the defendant, which has been suspended since August
18, 2003, not be reinstated prior to the final decision on the primary action, and that in case it is reinstated before this decision becomes binding, it be
suspended again pending final decision on the primary action;
* Under normal loan approval conditions, the 24-hour period is calculated in terms of business
days. More time may be required if a document is incomplete or a file must be submitted to the
CMHC for loan insurance approval.
- more generally, that no certificate whatsoever be issued to the defendant pending final decision on the primary action;
- that a notice of this decision be published in
Le Quotidien and Le Progrès-Dimanche, in accordance with section 133 of the Professional Code.
The decision of the Discipline Committee, rendered
in accordance with section 156 of the Professional
Code, is binding from the date of notice, i.e. September 24, 2003.
The manager (or representative) of each establishment must post this notice in a visible location of
their office.
This notice is given in accordance with section
137 of the Real Estate Brokerage Act (R.S.Q., c.
C-73.1).
Longueuil, Borough of Brossard,
September 25, 2003
Diane Heppell
Discipline Committee Secretary
Info ACAIQ
(450) 462-9800
1 800 440-7170
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