33-08-1113
Licence number
D3547
Broker's name
Moniqui, Marie-Claude
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 is hereby given that Mrs. Marie-Claude Moniqui, affiliated real estate agent (Certificate No. D3547), formerly employed by or authorized to act on behalf of Hypotheca Courtier Hypothécaire S.S.M. Inc, chartered real estate broker (Certificate No. A1842), whose establishment is located at 128 Saint-Pierre St., in Saint-Constant, 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 the months of February and May 2005, requesting from Equifax information about the financial situation of: a) a promising buyer; b) a promising buyer; without written authorization from these buyers, thus committing, on each of these occasions, an offence under sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ. 2nd count: During the year 2005, as part of steps undertaken to obtain a mortgage for the following acquisitions: a) purchase of an immovable by the promising buyer; b) purchase of an immovable by the promising buyer; c) purchase of an immovable by the promising buyer; d) purchase of an immovable by the promising buyer; e) purchase of an immovable by the promising buyer; sending information and documents regarding the buyers’ financial situation, whereas she knew or should have known that this information and these documents were forged, thus committing, on each of these occasions, an offence under sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ. 3rd count: On or around June 17, 2005, knowingly sending the listing agent a forged confirmation from a financial institution regarding the mortgage financing of the purchase of an immovable by the promising buyer, the whole contrary to sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ. 4th count: On or around July 23, 2007, hindering the work of the assistant syndic, failing to cooperate during an investigation conducted by the latter, and misrepresenting information, notably by asserting: a) having met with a promising buyer; b) having met with a promising buyer; c) having met with a promising buyer; d) that the confirmation received from a financial institution regarding the mortgage financing requested for a promising buyer was marked ''complete''; thus committing, on each of these occasions, an offence under sections 117 and 127 of the Real Estate Brokerage and under sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ. 5th count: Failing to cooperate during an investigation conducted by the assistant syndic, by failing to comply with: a) a request for documents made in a letter dated September 13, 2007; and b) a subpoena duces tecum dated September 28, 2007; thus committing, on each of these occasions, an offence under section 54 of the Rules of Professional Ethics of the ACAIQ. On July 13, 2009, the Discipline Committee ordered a suspension of Mrs. Marie-Claude Moniqui’s certificate for a concurrent period of thirty (30) days on each of counts Nos. 1 a) and 1 b) of the complaint, a suspension for a consecutive period of four (4) months on each of counts Nos. 2 a), 2 b), 2 c), 2 d), 2 e) and 3, a suspension for a concurrent period of four (4) months on each of counts Nos. 4 a), 4 b), 4 c) and 4 d), and a suspension for a consecutive period of four (4) months on each of counts Nos. 5 A) and 5 b). The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. August 17, 2009. The suspension of Mrs. Marie-Claude Moniqui’s affiliated real estate agent’s certificate is therefore effective as of August 17, 2009 for a period of thirty-two (32) months and thirty (30) days. Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above restrictions shall take effect whenever she 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, August 17, 2009 Chantal Peltier Discipline Committee Secretary
