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33-11-1363

Licence number

C4306

Broker's name

Brouillard, Normand

Decision

NOTICE OF SUSPENSION
OF MR. NORMAND BROUILLARD’S LICENCE

(File: 33-11-1363)

NOTICE is hereby given that Normand Brouillard, former real estate broker (licence No. C4306), whose establishment was located in Saint-Basile-le-Grand, has been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:

Count 1: During or around December 2005, concerning an immovable, presented and had the seller sign a promise to purchase:

a) while no prospective buyer was named in the promise to purchase;
b) by leading the seller to believe that he was the buyer interested in the promise to purchase;

the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

Count 2: On or around May 15, 2006, concerning an immovable, attempted to receive and / or received directly or indirectly, compensation from a person other than the holder of a chartered real estate broker certificate who employs or authorizes him to act on his behalf, notably by sending or letting someone send an invoice to the seller on behalf of a legal person of which he is director, officer and shareholder, on May 15, 2006, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

Count 3: As of December 2005, concerning an immovable, did not immediately send to the manager of the establishment to which he was assigned the information and documents required to keep records, books and registers, notably a promise to purchase and its annex A, the whole contrary to section 147 of the ACAIQ By-laws. 

Count 4: Between or around the months of September 2004 and November 2004, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by:     

a) drafting or letting someone draft and having the purported representative of buyers sign a promise to purchase and its annex A in the amount of $55,000; and / or
b) drafting or letting someone draft and having the parties sign an Amendments and notice of fulfilment of conditionsform, specifying the name of the immovable’s buyer; and / or
c) by having a promise to purchase in the amount of $115,000 signed by the prospective buyer, while he knew or should have known that the latter did not have the financial capacity to make this acquisition and/or while he was careless about it; and/or 
d) failing to inform the prospective buyer that the immovable had been bought by another seller, through him, less than a month earlier, on October 25, 2004 for $55,000; and/or
e) by not ensuring that the prospective buyer visits the immovable before signing the promise to purchase; and/or 
f) by telling the prospective buyer that for her participation in this acquisition, she would receive an amount of $5,000 at the notary, a sum which was never paid to her; and/or 
g) by leading the prospective buyer to believe that she would benefit from an increase in the value of said immovable upon its resale; 

thus abusing the prospective buyer’s trust, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

Count 5: During November 2004, in the process of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending financial institution false documents about the borrower, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

Count 6: As of or around October 2005, concerning an immovable, participated in a scheme whose aim was to profit from the resale of the immovable by:

a) encouraging and/or letting the prospective buyer sign the promise to purchase in the amount of $123,500, while he knew or should have known that the latter did not have the financial capacity to make this acquisition and/or while he was careless about it; and/or
b) failing to ensure that the prospective buyer is informed that the immovable had been bought by another seller on September 12, 2005 for $74,000; and/or
c) by leading the prospective buyer to believe that the aim was to profit from the resale of the said immovable; and/or
d) falsely telling her that her sole responsibility is to make the mortgage payments, which would be covered by the rents collected by a third party; and/or
e) telling her that in case of non-payment of rent, he would make sure to cover the missing amounts and by not honouring this commitment; and/or
thus abusing the prospective buyer’s trust, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

On November 21, 2014, the Discipline Committee ordered the permanent suspension of Normand Brouillard's real estate broker licence No. C4306 on counts 1 to 6 of the formal complaint.

Since Normand Brouillardis no longer a licence holder, his licence will be suspended permanently whenever he becomes a licence holder again.

This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).

Brossard, November 25, 2014

Renée Dionne
Discipline Committee Secretary