Processing assistance requests

The role of the agency executive officer

The agency executive officer plays a key role in urgent, immediate, and preventive actions taken by the Public Assistance Department, as he must oversee the conduct of licensees who represent his agency and ensure that they comply with the Act.

Here's how an urgent, immediate and preventive action is taken:

1. The Public Assistance Department’s analyst takes the assistance seeker’s version of the facts.
2. He then communicates by email , or, in some cases, by telephone with the agency executive officer to inform him of the problem and ask him to take the necessary steps to ensure that the practice of the broker concerned is compliant, and more specifically with regard to the problem raised.
3. The email sent to the agency executive officer provides a short time period to enable the officer to report to the analyst on the steps taken, the status or the outcome of the situation. A copy of this email is sent to the broker concerned and to the applicant, if applicable.

At the same time, the syndic may investigate to check whether or not a disciplinary complaint must be filed or whether another measure must be imposed to deter the licensee from re-offending and set an example for others.

Reminder

The agency executive officer must supervise and monitor his agency brokers and collaborate with the OACIQ. If a broker encounters a problem, he must first inform his agency executive officer. We note that most conflicts are resolved quickly and efficiently when the agency executive officer intervenes for the first time to resolve the problem.

Here are situations where urgent, immediate, or preventive action can be  taken.

Collaboration, diligence, and availability

• Failing to return calls
• Preventing another licensee who has obtained a written transaction proposal from participating in the presentation of the proposal
• Unduly delaying the presentation of a transaction proposal received from another licensee
• Failing to present any transaction proposal as soon as possible
• Failing to confirm a visit
• Etc.

Putting a property on the market

• Failing to list the property on an information listing service
• Failing to stop marketing when the contract is terminated or expired (information listing service, advertising, sign, website, etc.)
• Using photos from previous listings without permission
• Failing to remove advertising after signing the deed of sale at the notary’s
• Failing to take the property whose contract is not terminable off the market
• Etc.

Fulfillment or non-fulfillment of the conditions of a promise to purchase

• Failing to advise the selling or buying client properly about the acceptance of the mortgage lender’s undertaking
• Failing to send, within four (4) days following the expiry of the period specified in clause 8.1, a written notice along with a copy of the inspection report indicating the existence of a factor relating to the immovable liable to significantly reduce the value thereof, reduce the income generated thereby or increase the expenses relating thereto
• Failing to send, within seven (7) days following the expiry of the period set out in clause 9.1, a written notice to the effect that the buyer is not satisfied upon examining and verifying documents or that he did not receive them
• Failing to send within 72 hours the Notice and follow-up on fulfilment of conditions of clause R2.1
• Failing to advise the buyer on his right to withdraw his Promise to purchase or the seller on his obligations to disclose defects and irregularities and to inform the buyer of his intention to remedy them
• Etc.

Refusal to return originals, keys or other property

• Failing to return upon request or upon expiration of the brokerage contract, the deed of sale, the deed of co-ownership or the certificate of location to the seller
• Failing to give the seller a duplicate set of keys or a lever for opening the garage door

Broker acting with a suspended, revoked or restricted licence

• Concluding a brokerage contract for the sale of a commercial building while the broker is holding a residential real estate brokerage licence

Adverse factors discovered during the contract

• Receiving and not disclosing information about an immovable (cannabis cultivation, suicide, problems revealed in a previous inspection report, etc.)

Legal capacity

• Failing to ensure that signatories have legal capacity

Fraud

• Forging a document or signature during a transaction

Incapacity of the broker

• Having cognitive problems

Broker’s incompetence

• Jeopardizing the transaction due to his or her lack of knowledge or competence 
• Making a bad choice of conditions to represent the client’s interests or misusing forms

Dispute between the broker and the client about compensation

• Jeopardizing the transaction due to a disagreement over compensation
• Trying to negotiate compensation while negotiating the sale

 Broker's refusal to allow the other party to be represented

• Refusing to allow the buyer to be represented after visiting the property alone

Refusal to refund the deposit

• Refusing to refund a deposit placed in a trust account to the buyer following the cancellation of a Promise to purchase while the seller has not taken any steps to transfer titles

Absence of a notice of disclosure

• Failing to disclose one’s broker status

Agency change

• Failing to inform clients properly when changing agencies of their right to terminate the brokerage contract, to follow the broker or to stay with the agency

Threats or violence

• Verbally or physically threatening a client, broker or other stakeholder

Inadequate working conditions, tools or environment

• Failing to meet clients in suitable locations
• Not having an email address to communicate with the broker

Advertising

• Not indicating the source of the statistics mentioned
• Indicating the price at which the property has been sold on the ad
• Advertising the "SOLD" notice on the Internet or sign after the notarized sale
• Offering a performance guarantee
• Advertising or putting up a sign while:
  • The property is off the market
  • No brokerage contract is in force
  • The broker licence is suspended
• A specialty is added to the broker title
• Offering compensation to clients, such as:
  • credit of notary fees (without indicating the applicable conditions)
  • payment of moving expenses (without indicating the applicable conditions)
  • monetary compensation if the transaction takes place
  • monetary compensation if a buyer is referred to him or her

• Not including mandatory statements

Assistance requests are prioritized based on the risk of the alleged offences to public protection. Thus, the more serious and significant the actual or potential risk to public protection, the higher the processing priority given. This prioritization is updated at any time during the analysis and investigation, especially in light of evidence revealed. The following situations are examples that may warrant prioritizing a request for assistance. They are neither binding nor restrictive:                                                                                                   

Appropriation of funds, fraud

• Using the amounts given for other purposes, theft, loan not repaid to a client, unpaid GST/QST, etc.
• Fraudulent tactics or schemes such as flipping, price inflating, etc.

Criminal record, re-offending

• The licensee who is targeted by the assistance request has previously been the subject of a disciplinary complaint or administrative action
• The alleged offences against the licensee concerned are the same as the offences that were the subject of a disciplinary complaint or administrative action and were committed after the  discipline committee’s decision or the receipt of the administrative action

Conditions/quality

• The licensee concerned seems to be unfit or is working in conditions that affect the quality of services, such as an inadequate working environment

Conflict of interest

• The licensee concerned placed himself in a conflict of interest

Drugs

• The assistance request deals with a property used to grow cannabis or synthetic drugs

 Forgery

• The allegations relate to the fact that the licensee concerned has falsified or allowed someone to falsify a signature or document or has used or allowed someone to use a document bearing a false signature or a forged document

Failure to collaborate

• The licensee concerned failed to cooperate with the Inspection Department or the Public Assistance Department

Suspended licence

• The licensee concerned continues to carry out brokerage transactions while his or her licence is suspended

Multiple files/transactions

• Several assistance requests are underway against the same licensee concerned or relating to the same or similar facts

Violence, serious crime

• The alleged facts reveal serious acts of violence on the part of the licensee concerned
• The licensee concerned was found guilty of an indictable offence

The streamlined investigation procedure helps speed up the analysis, investigation and case processing and limits the number of exchanges with licensees and assistance seekers.

For an assistance request to be subject to a streamlined investigation, it must meet the following non-restrictive criteria:

1. Be complete. The assistance request form must be duly completed and include all required information.
2. Include all relevant documents.
3. Be related to one of the following situations:

• Deposit
• Change of agency or broker or cessation of activities
• Confidentiality, protection and use of personal information
• Discrimination
• Availability
• Collaboration with the OACIQ
• Care and use of entrusted property
• Threats or violence
• Putting a property on the market
• Use of forms and contracts
• Objectivity, prudence, discretion, moderation and sound practices
• Obligation to act for an agency
• Undue pressure on a vulnerable person
• Service quality
• Representation and advertising
• Termination of contract
• Compensation
• Maintaining and managing trust accounts
• Verification of identity and legal capacity

Compliance with these criteria and everyone's collaboration are essential for an effective and quicker file processing, otherwise the file cannot benefit the streamlined procedure.

Finally, the decision whether or not to apply the streamlined procedure is always the prerogative of the Syndic, who adapts his approach based on the specific circumstances of each case. Also, while a file is being subjected to a streamlined procedure, it may, during the analysis and investigation, be handled differently for reasons that are specific to the Syndic.