33-09-1274
Licence number
D8419
Broker's name
Pesta, Monique
Decision
NOTICE OF SUSPENSION
OF MRS. MONIQUE PESTA’S LICENCE
File: 33-09-1274
NOTICE is hereby given that Mrs. Monique Pesta, former real estate broker (licence No. D8419) whose establishment is located in Blainville, 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: concerning an immovable, having notably:
a) as of August 2006, convinced a promising buyer to purchase the said immovable on the basis that she would act as front woman and that she would receive the payment of $5,000 at the time the immovable is purchased and an additional $5,000 when the said immovable is resold, whereas she knew or should have known that the latter did not have the financial capability and\or was reckless to make this acquisition;
b) on or around December 5, 2006, drafted and let a person other than the seller sign the brokerage contract form in the space provided for signatures so that this signature replaces that of the seller;
c) on or around December 8, 2006, signed the name of the promising buyer in the space provided for signatures in the “buyer” section in lieu thereof on the following forms i.e. the promise to purchase and annex A, and has testified as a witness to those signatures;
d) on or around December 8, 2006, let a person other than the seller sign the following forms i.e. the promise to purchase and annex A, in the space provided for signatures in the “seller’s reply” section in lieu thereof and has also testified as a witness to those signatures;
e) as of or around December 27, 2006, required or allowed a commission invoice to be issued in the amount of $15,326.28 by a real estate agency on the basis of the brokerage contract allegedly signed by the seller, which subsequently led to the payment of that commission;
committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: concerning an immovable:
a) prior to the signing of the promise to purchase, failing to disclose without delay and in writing her quality as real estate agent and her direct or indirect interest in that immovable that she intended to sell to the prospective contractor, in accordance with the methods prescribed in sections 81 and subsequent of the ACAIQ’s By-law;
b) as of or around January 20, 2006, failing to send as soon as possible to the ACAIQ a copy of the written notice disclosing her quality as real estate agent and a copy of the said promise to purchase and of annex A and B;
committing, on each of these occasions, an offence under section 22 of the Real Estate Brokerage Act.
4th count: as of or around May 8, 2007 and until or around June 8, 2007, concerning an immovable, having notably:
a) convinced a promising buyer to purchase the said immovable on the basis that she would act as front woman and that she would receive payment of monies at the purchase and resale of the said immovable to do this, whereas she knew or should have known that the latter did not have the financial capability and\or was reckless to make this acquisition;
b) sent to the real estate agent in charge of obtaining a loan secured by immovable hypothec on the said immovable from a creditor, a so-called promising buyer’s employment confirmation document within a financial institution, whereas the defendant knew or should have known that that document was forged.
committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: as of or around May 8, 2007 and until or around July 4, 2007, concerning an immovable, having notably:
a) as of or around May 8, 2007, breached the trust of a promising buyer by convincing him to buy the said immovable on the basis that she would act as front woman and that she would receive payment of monies to do this. These monies have not been paid to her;
b) on or around May 8, 2007, prepared a promise to purchase and an annex A, by signing the name of the promising buyer in the space provided for signatures in the “buyer” section in lieu thereof on the said promise to purchase and the said annex A, and has testified as a witness to those signatures;
c) on or around May 20, 2007, prepared a promise to purchase and an annex A, by signing the name of the promising buyer in the space provided for signatures in the “buyer” section in lieu thereof on the said promise to purchase and the said annex A, and has testified as a witness to those signatures;
committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: on an unknown date but must be from or around May 25, 2007, concerning an immovable, having put her signature on the “Amendments and notice of fulfillment of conditions” form leading others to believe that this signature was made on May 20, 2007, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
On September 9, 2011, the Discipline Committee ordered a permanent suspension of Mrs. Monique Pesta’s licence, enforceable as of the date of notification of the decision on penalty, 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. Monique Pesta is not a licence holder, her licence will be suspended permanently 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.S.Q., c. C-73.2, r.3).
Brossard, November 2, 2011
Chantal Peltier
Discipline Committee Secretary
