33-05-0896

Licence number

C1301

Broker's name

Duclos, Raymond

Decision

Notice of suspension of the certificate
of Mr. Raymond Duclos

File: 33-05-0896

NOTICE is hereby given that Mr. Raymond Duclos, chartered real estate broker (Certificate No. C1301) formerly employed by or authorized to act on behalf of Immeubles Sherbrooke, whose establishment is located at 200, rue du Bord de l’Eau in Sainte-Catherine-de-Hatley, 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: Between or around August 1, 2005 and or around September 7, 2005, whereas his chartered real estate broker certificate had been suspended since August 1, 2005, pursuing the activity of real estate broker, concerning the sale of an immovable and an enterprise, and concerning the sale of another immovable.

Concerning an immovable, namely:
a) on or around August 13, 2005, by visiting an immovable with the prospective buyers;
b) on or around August 14 or 15, 2005, by drafting a promise to purchase and its annexes A and B for and on behalf of the prospective buyers;
c) on or around August 19, 2005, by presenting this promise to purchase and its annexes to the sellers;
d) on or around August 19, 2005, by drafting a counter-proposal for and on behalf of the sellers;
e) on or around August 20, 2005, by presenting a counter-proposal to the prospective buyers;
f) on or around August 21, 2005, by having the acknowledgement of receipt of this counter-proposal signed by the sellers;
g) after August 1, 2005 and at least until September 1, 2005, by leaving a sign with the words ”commercial”, “Immeuble Sherbrooke”, “courtier immobilier agree”, “Raymond Duclos”, “agent immobilier agréé” and the phone number near this immovable;

Concerning an enterprise, namely:
h) on or around August 14 or 15, 2005, by drafting a promise to purchase for an enterprise and its annexes (Annex A and Annex B – Enterprise) for and on behalf the prospective buyers;
i) on or around August 19, 2005, by presenting this promise to purchase and its annexes to the seller represented by a third party;
j) on or around August 19, 2005, by drafting a counter-proposal to a promise to purchase for and on behalf of the seller, represented by a third party;
k) on or around August 20, 2005, by presenting this counter-proposal to the prospective buyers;
l) on or around August 21, 2005, by having the acknowledgement of receipt of this counter-proposal signed by a third party;
m) on or around September 6, 2005, by drafting an Annex G – General linked to promises to purchase and having it signed by the sellers of the enterprise and by the prospective buyers;

Concerning another immovable, namely:
n) on or around September 7, 2005, by giving the buyer a detailed description sheet of this immovable and by offering to help him find financing;

the whole contrary to the provisions of section 68 du By-Law of the ACAIQ.

2nd count: On or around August 24, 2005, with respect to an immovable and an enterprise, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by:

a) having the seller sign an Amendments and Notice of Fulfilment of Conditions form linked to an Exclusive Brokerage Contract – Sale of a chiefly residential immovable, indicating the following under clause M2.3 Other amendments:
“ - Raymond Duclos agent immobilier a donné sa démission le 1-08-2005 - Les vendeurs acceptent que la firme de l’intimé continue à vendre la propriété sous seing privé avec Raymond Duclos consultant immobilier ” (Raymond Duclos real estate agent resigned on 1-08-2005 – The sellers agree that the respondent’s firm will continue to sell the property by private agreement with Raymond Duclos real estate consultant);

b) drafting and having the sellers sign an Amendments and Notice of Fulfilment of Conditions form linked to an Exclusive Brokerage Contract – Sale of an enterprise, indicating the following under clause M2.3 Other amendments:
“ - Raymond Duclos agent immobilier a donné sa démission le 1-08-2005 - Les vendeurs acceptent que la firme de l’intimé continue à vendre la propriété sous seing privé avec Raymond Duclos consultant immobilier ” (Raymond Duclos real estate agent resigned on 1-08-2005 – The sellers agree that the respondent’s firm will continue to sell the property by private agreement with Raymond Duclos real estate consultant);

the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

On April 25, 2006, the Discipline Committee ordered a suspension of Mr. Raymond Duclos’ certificate for two concurring periods of four (4) years on these counts of the complaint, to take effect whenever he applies for reinstatement of his certificate or the issuance of a new certificate

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. May 30, 2006. The suspension of Mr. Raymond Duclos’ chartered real estate broker certificate will therefore become effective whenever he applies for reinstatement of his certificate or the issuance of a new certificate, for a period of four (4) years.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, June 5, 2006

Chantal Peltier
Discipline Committee Secretary