33-09-1267
Licence number
C6351
Broker's name
Dagher, Chantal
Decision
NOTICE OF SUSPENSION
OF THE LICENCE OF MRS. CHANTAL DAGHER
File: 33-09-1267
NOTICE is hereby given that Mrs. Chantal Dagher, formerly real estate broker (Licence No. C6351), whose establishment was located in Brossard, has been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec of the offences summarized below:
1st count: Between on or around the month of April 2005 and on or around the month of March 2006, acting blindly or for convenience, following instructions received from a real estate agent and/or from the seller, by completing promises to purchase and their annexes concerning the following immovables:
a) on or around April 25, 2005, concerning an immovable, a promise to purchase and its annexes AA and AB;
b) on or around March 19, 2006, concerning an immovable, a promise to purchase and its annex AA;
c) on or around August 31, 2005, concerning an immovable, a promise to purchase and its annex AA;
thus committing, in each instance, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: Between on or around the month of April 2005 and on or around the month of March 2006, failing to send or to have sent without delay to the manager of the place of business to which she was assigned the information and documents required in order to maintain the records, books and registers, namely:
a) concerning an immovable, a promise to purchase and its annexes AA and AB;
b) concerning an immovable, a promise to purchase and its annex AA;
c) concerning an immovable, a promise to purchase and its annex AA;
d) concerning an immovable, a promise to purchase and its annex AA;
e) concerning an immovable, a promise to purchase and its annex AA;
thus committing, in each instance, an offence under section 147 of the By-Law of the ACAIQ.
3rd count: Between on or around the month of May 2005 and on or around the month of December 2006, receiving compensation from a person other than the holder of a chartered real estate broker's certificate who employed her or authorized her to act on his behalf, i.e. real estate agency, including by endorsing and depositing in her personal account the following cheques:
a) concerning an immovable, a cheque from the trust account of the acting notary in the amount of $10,000, which had previously been endorsed by its beneficiary, the designated seller;
b) concerning an immovable, a cheque issued by the acting notary to the order of a real estate agent in the amount of $10,000, which came from the proceeds of the sale of this immovable and had previously been endorsed by its beneficiary, the real estate agent;
c) concerning an immovable, a cheque from the trust account of the acting notary in the amount of $10,000, which had previously been endorsed by its beneficiary, the designated seller;
d) concerning an immovable, a cheque from the trust account of the acting notary in the amount of $7,000, which had previously been endorsed by its beneficiary, the designated seller;
e) concerning an immovable, a cheque from the trust account of the acting notary in the amount of $10,000, which had previously been endorsed by its beneficiary, the designated seller;
f) concerning an immovable, a cheque from the trust account of the acting notary in the amount of $7,000, which had previously been endorsed by its beneficiary, the designated seller;
thus committing, in each instance, an offence under section 72(2) of the By-Law of the ACAIQ.
4th count: Between on or around the month of April 2005 and on or around the month of March 2006, signing as witness to the signature of the following parties, whereas she was not present at the signing of the documents, namely:
a) concerning an immovable, a promise to purchase and its annexes AA and AB, by the promising buyer and the seller;
b) concerning an immovable, a promise to purchase and its annex AA, by the promising buyers and the seller's representative;
c) concerning an immovable, a promise to purchase and its annex AA, by the promising buyer and the seller;
thus committing, in each instance, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: On November 26, 2008 and on March 31, 2009, in Brossard, making false statements and/or concealing information during an investigation conducted by the Syndic, by declaring to the investigator that she had not received any compensation for the sale of six (6) immovables;
the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ.
On April 2, 2012, the Discipline Committee ordered a suspension of Mrs. Chantal Dagher's real estate broker's licence for a period of six (6) months on each of counts Nos. 1 a), 1 b) and 1 c) to be served concurrently with each other, a suspension for a period of three (3) months on each of counts Nos. 2 a), 2 b), 2 c), 2 d) and 2 e) to be served concurrently with each other, a suspension for a period of ninety (90) days on each of counts Nos. 3 a), 3 b), 3 c), 3 d), 3 e) and 3 f) to be served concurrently with each other and with the suspensions in count No. 2, a suspension for a period of one (1) month on each of counts Nos. 4 a), 4 b) and 4 c) to be served consecutively to each other and concurrently with count No. 1. The suspension periods in counts Nos. 2 and 3 are to be served consecutively to the suspension periods in counts Nos. 1 and 4, then a suspension for a period of three (3) months on each of counts Nos. 5 a), 5 b), 5 c), 5 d), 5 e) and 5 f) to be served concurrently with each other and consecutively to counts Nos. 1, 2, 3 and 4, which suspension periods are to be served as of the date of the appeals deadline if the defendant is the holder of a licence issued by the OACIQ or, if not, whenever she becomes a licence holder again.
Given that Mrs. Chantal Dagher is no longer the holder of a licence, her licence shall be suspended for a period of twelve (12) months whenever she becomes a licence holder again.
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 (R.R.Q., c. C-73.2, r.3).
Brossard, May 7, 2012
Chantal Peltier
Discipline Committee Secretary
