33-08-1159

Licence number

C3991

Broker's name

Hawley, Richard

Decision

Notice of suspension of the certificate
of Mr. Richard Hawley

File: 33-08-1159

NOTICE is hereby given that Mr. Richard Hawley, affiliated real estate agent (Certificate No. C3991), formerly employed by or authorized to act on behalf of Re/Max D'Abord Inc., chartered real estate broker (Certificate No. A3106), whose establishment is located at 157, boul. Jacques-Cartier S., in Sherbrooke, 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 September 9, 2003, date of signing of the brokerage contract concerning an immovable, and November 28, 2003, date of acceptance of the promise to purchase concerning the same immovable, failing to put in writing that the foundation of the immovable and/or the wall of the outside basement entrance were cracked, thus committing offences against:

a) the seller;
b) the buyers;

the whole contrary to sections 1, 13, 22, 24, 26, 28 and 29 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around March 1, 2004, date of signing of the act of sale of the immovable, receiving compensation directly from the seller in the amount of $3,000;

the whole contrary to section 72 of the By-Law of the ACAIQ.

On April 30, 2009, the Discipline Committee ordered a suspension of Mr. Richard Hawley’s certificate for a concurrent period of sixty (60) days on each of counts No. 1 a) and 1 b) of the complaint, and a suspension for a consecutive period of thirty (30) days on count No. 2 of the complaint.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. June 8, 2009. The suspension of Mr. Richard Hawley’s affiliated real estate agent’s certificate is therefore effective as of June 8, 2009 for a period of ninety (90) days.

Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above 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, June 8, 2009

Chantal Peltier
Discipline Committee Secretary