33-06-0913

Licence number

B3430

Broker's name

Hétu, Gérald

Decision

Notice of suspension of the certificate
of Mr. Gérald Hétu

File: 33-06-0913

NOTICE is hereby given that Mr. Gérald Hétu, affiliated real estate agent (certificate No. B3430), employed by or authorized to act on behalf of l'Expert Immobilier P.M. enr., chartered real estate broker (Certificate No. A2312), whose establishment is located at 1453 Beaubien St. East, Suite 201, in Montréal, has notably been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

1st count: During the months of April to July 2002, committing acts that are derogatory to the honour and dignity of the profession, participating in acts or practices in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, advising and encouraging a party to a transaction to commit an act that the defendant knew to be illegal or fraudulent, i.e. a loan application based on false documents, in view of the following acquisitions:

a) on or around June 13, 2002, acquisition, by a prospective buyer, of an immovable at a price of $179,000;

b) on or around June 20, 2002, acquisition, by a prospective buyer, of an immovable at a price of $157,500, an immovable purchased the same day by another buyer, at a price of $87,300;

c) on or around June 20, 2002, acquisition, by a prospective buyer, of an immovable at a price of $85,000;

d) on or around June 27, 2002, acquisition, by a prospective buyer, of an immovable at a price of $156,000, an immovable purchased the same day by another buyer, at a price of $131,000;

e) on or around August 15, 2002, acquisition, by two prospective buyers, of an immovable at a price of $139,000;

f) on or around September 11, 2002, acquisition, by a prospective buyer, of an immovable at a price of $209,000;

the whole contrary to sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ.

4th count: On or around June 30, 2004 and on or around February 17, 2006, hindering the work of an assistant syndic, failing to collaborate during an inquiry conducted by him and misrepresenting information, namely by concealing in turn from an investigator and an assistant syndic his involvement, advice and encouragement regarding loan applications that preceded the following acquisitions, which applications were accompanied by false documents:

a) on or around June 13, 2004, acquisition, by a prospective buyer, of an immovable at a price of $179,000;

b) on or around June 20, 2002, acquisition, by a prospective buyer, of an immovable at a price of $157,500, an immovable purchased the same day by another buyer, at a price of $87,300;

c) on or around June 20, 2002, acquisition, by a prospective buyer, of an immovable at a price of $85,000;

d) on or around June 27, 2002, acquisition, by a prospective buyer, of an immovable at a price of $156,000, an immovable purchased the same day by another buyer, at a price of $131,000;

e) on or around August 15, 2002, acquisition, by two prospective buyers, of an immovable at a price of $139,000;

f) on or around September 11, 2002, acquisition, by a prospective buyer, of an immovable at a price of $209,000;

the whole contrary to sections 117 and 127 of the Real Estate Brokerage Act and to sections 54 and 55 of the Rules of Professional Ethics of the ACAIQ.

On June 5, 2007, the Discipline Committee ordered a suspension of Mr. Gérald Hétu’s certificate for a period of five (5) years on count No. 1 of the complaint and a suspension for a period of twelve (12) months on count No. 4, to be served consecutively.

On September 22, 2008, the Court of Québec, in the appeal of the Discipline Committee’s decision, upheld the Committee’s decision.

The decision of the Court of Québec is enforceable from the date of the appeals deadline, i.e. October 23, 2008. The suspension of Mr. Gérald Hétu’s affiliated real estate agent’s certificate is therefore effective as of October 23, 2008 for a period of five (5) years and twelve (12) months.

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

Brossard, October 23, 2008

Chantal Peltier
Discipline Committee Secretary