33-12-1505
Licence number
C6941
Broker's name
Théberge, Daniel
Decision
NOTICE OF LICENCE SUSPENSION
File: 33-12-1505
NOTICE is hereby given that Daniel Théberge, former real estate broker, licence No. C6941, whose establishment was located in Laval, has notably been found guilty by the OACIQ Discipline Committee of the offences summarized below:
Count 2: As of or around March 11, 13, and 28, 2009, concerning an immovable, did not immediately send to the manager of the establishment to which he was assigned, the information and documents required to maintain records, books and registers, including a promise to purchase and its annexes; a counter-proposal and an amendments and notice of fulfilment of conditions form.
Count 3: On or around March 28, 2009, concerning an immovable, drafted or allowed someone to draft an Amendments and notice of fulfilment of conditions form, which notably states "M2.3 Other amendments A) Following the building inspection conducted on March 27, 2009 and the repair and renovation work required, a discount of $25,000 in the notary's trust account should be retained for the buyer at the time the deed of sale is notarized." (sic) while he knew or should have known that the immovable, following said inspection, did not require work justifying such deduction.
Count 4: On or around July 13, 2009, when instrumenting the sale of an immovable, did not make sure to record in writing a provision allowing him to receive a certain amount of money from the notary from the amount of $25,000 which, in principle, had to be withheld for the buyer at the time of the deed of sale, in accordance with an Amendments and notice of fulfilment of conditions form.
Count 5: On or around October 5, 2010, concerning an immovable, drafted a promise to purchase indicating a selling price of $300,000, while he knew that the real selling price agreed between the parties had to match the mortgage balance of the owner of the immovable.
Count 7: On or around May 25, 2011, concerning an immovable, drafted a promise to purchase indicating a selling price of $320,000, while he knew that the real selling price agreed between the parties had to match the mortgage balance of the owner of the immovable.
Count 8: On or around June 10, 2011, concerning an immovable, took steps incompatible with a brokerage contract entrusted to a real estate agency and its representative, by refusing that the representative and the only registered owner of the immovable visit the immovable.
Count 9: On or around October 5, 2011, concerning an immovable, registered or allowed someone to register a mortgage on said immovable, without the permission of the owner registered in the land register.
On July 7, 2015, the Discipline Committee ordered the suspension of Daniel Théberge's licence No. C6941 for a total period of three hundred and thirty (330) days, to be served 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, September 22, 2015
Renée Dionne
Discipline Committee Secretary
