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33-09-1215

Licence number

C0259

Broker's name

Kordzian, Léon

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 licence
of Mr. Léon Kordzian


File: 33-09-1215

NOTICE is hereby given that Mr. Leon Kordzian, having been the holder of a chartered real estate broker’s certificate (C0259) and having practiced in an establishment located in Montréal, has been found guilty by the Discipline of Committee of the Organisme d’autoréglementation du courtage immobilier du Québec of the offences summarized below:

1st count: With respect to an immovable:

a) on or around October 24, 2007, asking a representative of the seller to pay a sum of money as an advance on remuneration;

b) on or around October 24, 2007, obtaining a cheque issued by the seller;

c) on or around November 9, 2007, asking the seller’s representative to pay a second sum of money as an advance on remuneration;

d) on or around November 9, 2007, obtaining a cheque issued by the seller;

e) as of April 4, 2008, refusing, omitting and/or neglecting to comply with a formal letter from the seller asking for the reimbursement of the sums paid;

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

2nd count: Abusing the trust of a promising buyer in order to appropriate or obtain a sum of money, namely:

a) on or around March 28, 2008, by falsely leading others to believe that he was acting as representative of an alleged real estate broker, by submitting the document entitled “mandated investment proposal” to the promising buyer;

b) on or around March 28, 2008, by obtaining from the promising buyer a sum of money on the basis of false representations;

c) on or around March 28, 2008, by omitting to deposit a sum of money in his trust account;

d) on or around April 18, 2008, by falsely leading others to believe that he was acting as representative of an alleged real estate broker, by submitting a letter to the attention of the promising buyer;

e) on or around April 18, 2008, by obtaining from the promising buyer a sum of money on the basis of false representations;

f) on or around April 18, 2008, by omitting to deposit the said sum of money in his trust account;

g) on or around July 11, 2008, by obtaining from the promising buyer a sum of money on the basis of false representations;

h) on or around July 11, 2008, by omitting to deposit the said sum of money in his trust account;

i) on or after December 4, 2008, by failing to reimburse these sums received from the promising buyer;

the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ, to section 104(3) of the By-Law of the ACAIQ, and to section 11 of the Real Estate Brokerage Act.

4th count: Between on or around January 14, 1999 and March 19, 2008, signing various documents entitled “Affidavit” in which he undertook to agree to the registration of an immovable hypothec on an immovable whereas he was not the owner of this immovable according to the land register, this in order to facilitate the obtaining of sums of money from third parties, including in the following cases:

a) on or around January 1, 2006, to obtain a sum of money from an investor;

b) on or around April 1, 2006, to obtain a sum of money from an investor;

c) on or around March 19, 2008, to obtain a sum of money from an investor;

d) on or around March 19, 2008, to obtain a sum of money from an investor;

e) on or around the month of December 2005, to obtain a sum of money from an investor;

f) on or around September 15, 2005, to obtain a sum of money from an investor;

g) on or around September 15, 2005, to obtain a sum of money from an investor;

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

5th count: After November 13, 2008, failing to conserve and maintain his records, books and registers;

the whole contrary to sections 130(3), 140 and 143 of the By-Law of the ACAIQ.

6th count: Failing to collaborate with the ACAIQ Professional Inspection Department, namely by:

a) omitting to respond within the required deadline to a letter dated December 5, 2008;

b) omitting to respond within the required deadline to a letter dated December 22, 2008;

the whole contrary to section 117 of the Real Estate Brokerage Act and to section 54 of the Rules of Professional Ethics of the ACAIQ.

On October 22, 2010, the Discipline Committee ordered a permanent suspension of Mr. Leon Kordzian’s real estate broker’s licence on counts Nos. 1, 2, 4, 5 and 6 of the complaint.

This notice is given in accordance with section 98.1 of the Real Estate Brokerage Act (R.S.Q., c. C-73.2) and section 33 of the Regulation respecting the issue of broker’s and agency licences.

In accordance with section 143 of the Real Estate Brokerage Act, the Association des courtiers et agents immobiliers du Québec became the Organisme d’autoréglementation du courtage immobilier du Québec on May 1, 2010.

Brossard, December 9, 2010

Chantal Peltier
Discipline Committee Secretary