Identifying and reporting illegal brokerage

One of the OACIQ's mandates is to investigate and lay criminal charges, where applicable, against individuals who engage in activities reserved for brokers without holding a licence.

Any real estate brokerage transaction carried out for others and in return for remuneration can only be performed by the holder of a valid licence issued by the OACIQ. Failure to comply with this rule is a violation of the Real Estate Brokerage Act and exposes the offender to criminal prosecution before the Court of Québec. The offender cannot claim or receive remuneration for the services he provides, as stated in sections 4 and 13 of the Act.

Certain individuals are not required to hold an OACIQ licence if, under certain conditions, they engage in brokerage transactions. To learn about these exceptions, see sections 2 and 3 of the Act.

You see a property for sale on social networks. The seller offers a reward to the person who finds a buyer. One of your acquaintances is looking for a similar property. You want to put these two people in contact and get the reward? Attention! Acting as an intermediary and getting compensation could constitute an illegal brokerage transaction and you could be exposed to criminal prosecution.

The OACIQ may investigate to determine if an individual or a company is carrying out brokerage activities illegally or leading others to believe that they are authorized to do so. If so, criminal proceedings may be brought against this individual or company before the Court of Quebec. A natural person is liable to a fine of not less than $2,500 nor more than $62,500 and a legal person is liable to a fine of not less than $5,000 nor more than $125,000.

If you believe you are facing such a situation, notify the OACIQ by completing a request for assistance: the Assistance Department Public will receive and review your request. The information centre Info OACIQ can help you complete your request, if necessary.

You will be informed in writing of the results of the investigation and the subsequent steps that will be taken if criminal proceedings are instituted. If so, you could be summoned to appear as a witness during a possible trial before the Court of Québec.

Intervention of the OACIQ

To date, several statements of offence have been issued regarding these types of practices and have led to convictions. Check out the list of convictions for illegal brokerage.