33-11-1365
Licence number
E2235
Broker's name
Pelletier, Michel
Decision
NOTICE OF SUSPENSION
OF MR. MICHEL PELLETIER’S LICENCE
File: 33-11-1365
NOTICE is hereby given that Mr. Michel Pelletier, real estate broker (licence no. E2235), whose establishment is located in L'Ancienne-Lorette, has notably been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:
1st count: failing to respond to information requests from real estate agents concerning an immovable including:
a) As of or around June 8, 2009;
b) As of or around June 11, 2009;
committing, on each of these occasions, an offence under section 40 of the Rules of Professional Ethics of the ACAIQ.
3rd count: on October 21, 2010, in Québec, concerning an immovable, made a misrepresentation when providing information to an Assistant syndic during an investigation conducted by the latter, notably by stating that:
a) the immovable was sold at the time the information requests from real estate agents were made;
committing an offence under section 106 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
4th count: In Québec, on or around December 23, 2009, was convicted of the following criminal offence relating to the profession:
“In August 2006, in Québec, District of Québec, by deceit, falsehood or other fraudulent means, defrauded a company of a sum of money not exceeding $5,000, thus committing the criminal act provided for under section 380 (1) b) (i) of Criminal Code”
the whole contrary to section 149.1 of Professional Code.
5th count: In Québec, on or around December 23, 2009, was convicted of the following criminal offence relating to the profession:
“Between July 28, 2006 and August 4, 2006, in Pont-Rouge, District of Québec, by deceit, falsehood or other fraudulent means, defrauded an individual of a sum of money not exceeding $5,000, thus committing the criminal act provided for under section 380 (1) b) (i) of Criminal Code”
the whole contrary to section 149.1 of Professional Code.
6th count: In Québec, on or around March 29, 2010, made a false declaration on the REINSTATEMENT AND NOTICE OF AGREEMENT form, under section II, by answering “no” to the question: “In the 5 years preceding the date of this application, have you been found guilty of, by final judgment, or pleaded guilty to a criminal offence?”, thus committing an offence under section 1 of the Rules of Professional Ethics of the ACAIQ.
On May 6, 2013, the Discipline Committee ordered a suspension of Mr. Michel Pelletier’s real estate broker’s licence (E2235) for a period of thirty (30) days on each of the counts no. 1 and 3 of the formal complaint, to be served consecutively as of the expiry of the appeals deadline if the defendant is the holder of a licence issued by the OACIQ or, if not, whenever he becomes a licence holder again. As for counts no. 4, 5 and 6 of the formal complaint, the Discipline Committee ordered the permanent suspension of Mr. Michel Pelletier’s real estate broker’s licence (E2235) notwithstanding appeal, as soon as the decision on sanction is served on the defendant if the latter is the holder of a licence issued by the OACIQ or, if not, whenever he becomes a licence holder again.
The permanent suspension of Mr. Michel Pelletier’s real estate broker’s licence takes effect as of May 8, 2013.
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-73.2, r.3).
Brossard, June 10, 2013
Renée Dionne
Discipline Committee Secretary