33-05-0843

Licence number

C1301

Broker's name

Duclos, Raymond

Decision

Notice of suspension of the certificate
of Mr. Raymond Duclos

File: 33-05-0843

NOTICE is hereby given that Mr. Raymond Duclos, chartered real estate broker (Certificate No. C1301) formerly employed by or authorized to act on behalf of Immeubles Sherbrooke, whose establishment is located at 200, rue du Bord de l’Eau in Sainte-Catherine-de-Hatley, has 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 or around July 26, 2002 and or around August 25, 2002, with respect to immovables, failing to act with prudence, diligence and competence, 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:

a) drafting and supposedly having the promising buyer sign a promise to purchase dated July 26, 2002:
i) without indicating the name of the seller under section 1 “Identification of the parties”;
ii) that included under section 4.2 “Deposit” of a promise to purchase an amount different from that indicated under section A3.1 “Deposit” of an Annex A linked thereto;
iii) indicating “inclus ANNEXE 1” under section 8.1, whereas said Annex 1 was sent to him only on August 1, 2002;

b) keeping and sending to a chartered real estate broker a copy of a promise to purchase that included additions and changes that did not appear on the copy of said promise to purchase given to the seller, notably:
i) the addition of the seller’s name under section 1 “Identification of the parties”;
ii) a change in the amount indicated as deposit under section 4.2 “Deposit”;

c) signing as witness to the signature of the seller designated in the transaction, on a promise to purchase, whereas there was no such signature;

d) having the seller sign, in the section “Respondent’s Reply”, a counter-proposal by the seller intended for the promising buyer;

the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

2nd count: Between or around August 2, 2002 and or around August 5, 2002, with respect to immovables, failing to demonstrate integrity, committing an act that is derogatory to the honour and dignity of the profession, 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, engaging in an act that is incompatible with an exclusive brokerage contract awarded to another member, namely by:

having the seller sign and/or arranging for him to sign an exclusive brokerage contract falsely dated August 26, 2002;

the whole contrary to sections 1, 13 and 46 of the Rules of Professional Ethics of the ACAIQ.

3rd count: With respect to immovables, failing to demonstrate integrity, committing an act that is derogatory to the honour and dignity of the profession, 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:

sending to the seller, on or around October 11, 2002, an invoice in the amount of $16,908.68 for the sale of the said immovables and by instituting, on or around November 18, 2002, a civil suit on behalf of his brokerage firm against the seller following his refusal to pay said invoice, whereas no real estate transaction concerning these immovables had been concluded during the term of the brokerage contract awarded to the chartered real estate broker and/or through him;

the whole contrary to sections 1 and 13 of the Rules of Professional ethics of the ACAIQ.

4th count: With respect to immovables, hindering the work of an assistant syndic, failing to collaborate during his investigation, misrepresenting information to him, failing to demonstrate integrity and committing an act that is derogatory to the honour and dignity of the profession, namely when an assistant syndic asked him to provide the originals of the following documents:

i) Exclusive brokerage contract – Sale of a chiefly residential immovable
ii) Contrat de courtage exclusif – Vente d’un immeuble principalement résidentiel
iii) Promise to purchase
iv) Annexe A – Immeuble
v) Annexe B – Immeuble résidentiel
vi) Contre-proposition à une promesse d’achat
vii) Contrat de courtage exclusif – Vente d’un immeuble principalement résidentiel
viii) Document entitled Annexe 1

a) on or around January 8, 2004, by claiming that he would be able to send the originals once the dispute before the Court of Quebec was settled;

b) on or around February 5, 2004, by falsely testifying before an honourable judge of the Court of Quebec that he had given the originals of the brokerage contracts to the Association des courtiers et agents immobiliers du Québec;

c) on or around March 18, 2005, by claiming that the originals of said documents were at his lawyer’s;

d) on or around April 5, 2005, by falsely claiming that the originals of the requested documents had remained in his office after he had sold this establishment;

the whole contrary to sections 117 and 127 of the Quebec Real Estate Brokerage Act and to sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ.

On April 24 2006, the Discipline Committee ordered a suspension of Mr. Raymond Duclos’ certificate for a period of one (1) month on the 1st count of the complaint, a suspension for a period of three (3) months on the 2nd count, a suspension for a period of six (6) months on the 3rd count, and a suspension for a period of twelve (12) months on the 4th count, to be served consecutively, and to take effect whenever he applies for reinstatement of his certificate or the issuance of a new certificate.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. May 30, 2006. The suspension of Mr. Raymond Duclos’ chartered real estate broker certificate will therefore become effective whenever he applies for reinstatement of his certificate or the issuance of a new certificate, for a period of twenty-two (22) months.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, June 5, 2006

Chantal Peltier
Discipline Committee Secretary