33-05-0832
Licence number
B0825
Broker's name
Krief, Sylvain
Decision
Notice of suspension of the certificate
of Mr. Sylvain Krief
File: 33-05-0832
NOTICE is hereby given that Mr. Sylvain Krief, affiliated real estate agent (B0825), formerly employed by or authorized to act on behalf of S.O.G.I.P., chartered real estate broker (D2982), whose establishment was located at 256 Saint-Louis St. in Lemoyne, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:
1st count: From October 2004 to date, hindering the work of an assistant syndic of the ACAIQ, failing to collaborate during an inquiry conducted by him, namely:
a) by informing him in a letter dated October 14, 2004 that he would not attend the scheduled appointment;
b) further to a letter from the assistant syndic dated November 26, 2004, by not making himself available on one of the dates and times indicated in this letter, i.e. December 2, 3 or 6, 2004 between 9:00 a.m. and 4:00 p.m., and by failing to produce the documents requested in this letter;
c) further to a letter from the assistant syndic dated December 22, 2004, by failing to make himself available on one of the dates indicated in this letter, i.e. during the week of January 3 to 10, 2005 and by informing the assistant syndic in a letter from his attorney dated December 22, 2004 that he would not be available to meet him before January 31, 2005;
d) further to a letter from the assistant syndic dated February 8, 2005, by failing to make himself available on one of the dates indicated in this letter, i.e. February 10, 14, 15, 17 and 18, 2005 at the times indicated and by failing to produce the documents requested in this letter;
e) by refusing, in a letter from his attorney dated February 21, 2005, to produce the association agreement between the brokerage firm under his control and the representative of this firm to the ACAIQ;
f) by informing the assistant syndic, in a letter from his attorney dated February 21, 2005, that he had not kept copies of the transaction cheques cashed between January 1, 2004 and the month of August 2004 or any proof of compensation received and/or paid by his broker;
g) by informing the assistant syndic, in a letter from his attorney dated March 16, 2005, that he would not appear before him on March 23, 2005;
h) by failing to appear, in accordance with a subpoena duces tecum issued by the assistant syndic, who had the powers of a commissioner appointed under the Act respecting public inquiry commissions (R.S.Q., chapter C-37), served to the defendant on March 15, 2005, and with a letter by the assistant syndic dated March 22, 2005 addressed to the defendant’s attorney, on March 23, 2005 at 10:00 a.m. at the offices of the ACAIQ with the documents requested therein;
the whole contrary to sections 117 and 127 of the Real Estate Brokerage Act and section 54 of the Rules of Professional Ethics of the ACAIQ.
On May 12, 2006, the Discipline Committee ordered a suspension of Mr. Sylvain Krief’s certificate for a period of fifteen days on count number 1 b) of the complaint, a suspension for a consecutive period of thirty days on count number 1 c), a suspension for a consecutive period of forty-five days on count number 1 d), a suspension for a consecutive period of three months on count number 1 e), a suspension for a period of three months on count number 1 f) but concurrent with count number 1 e), a suspension for a consecutive period of six months on count number 1 g), and a suspension for a period of six months on count number 1 h) but concurrent with count number 1 g).
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. June 16, 2006. The suspension of Mr. Sylvain Krief’s affiliated real estate agent certificate will therefore become effective whenever he applies for reinstatement of his certificate or the issuance of a new certificate, for a total period of ten (10) months and sixty (60) days.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, June 16, 2006
Chantal Peltier
Discipline Committee Secretary
