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33-07-1052

Licence number

C7997

Broker's name

Navaratnam, Sutharman

Decision

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 certificate
of Mr. Sutharman Navaratnam


File: 33-07-1052

NOTICE is hereby given that Mr. Sutharman Navaratnam, affiliated real estate agent (C7997), formerly employed by or authorized to act on behalf of Century 21 Services Plus, chartered real estate broker (C9647), whose establishment is located at 5855 Taschereau Blvd., Suite 207 in Brossard, has notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

2nd count: On or around November 27, 2005, asking the buyers designated in a promise to purchase concerning an immovable to pay him a deposit of $10,000 as a deposit on the selling price of this promise to purchase;

the whole contrary to section 11 of the Real Estate Brokerage Act and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

5th count: Failing to give the following documents to the people who, respectively, managed the establishments to which he was successively assigned since 2005:

a) a brokerage contract concerning an immovable, as well as a promise to purchase concerning this immovable;

b) a promise to purchase concerning an immovable and the counter-proposals subsequent to this promise to purchase;

c) a promise to purchase and the counter-proposals concerning an immovable;
the whole contrary to section 147 of the By-Law of the ACAIQ.

6th count: On or around December 3, 2006, misrepresenting to the promising buyer that an individual was a notary and obtaining from the buyer a cheque for $5,000 made out to this individual;

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

7th count: Around end of March, beginning of April 2006, failing to give the buyers designated in a promise to purchase concerning an immovable a copy of this promise and of the counter-proposals subsequent to this promise;

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

8th count: On or around May 1, 2007, although subpoenaed to do so, failing to report to an assistant syndic and to justify this absence;

the whole contrary to section 54 of the By-Law of the ACAIQ.

On July 14, 2009, the Discipline Committee ordered a suspension of Mr. Sutharman Navaratnam’s certificate for a period of one (1) year on count No. 2 of the complaint, a suspension for a consecutive period of thirty (30) days on each of counts Nos. 5 a), 5 b) and 5 c), a suspension for a consecutive period of one (1) year on count No. 6 of the complaint, a suspension for a consecutive period of thirty (30) days on count No. 7 of the complaint, and a suspension for a consecutive period of six (6) months on count No. 8 of the complaint.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. November 6, 2009. The suspension of Mr. Sutharman Navaratnam’s affiliated real estate agent’s certificate is therefore effective as of November 6, 2009 for a period of two (2) years, six (6) months and one hundred and twenty (120) days.

Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspensions and restrictions shall become effective whenever he applies for reinstatement or issuance of any category of certificate.

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

Brossard, November 6, 2009

Chantal Peltier
Discipline Committee Secretary