33-06-0962

Licence number

C9089

Broker's name

Provost, Richard

Decision

Notice of suspension of the certificate
of Mr. Richard Provost

File: 33-06-0962

NOTICE is hereby given that Mr. Richard Provost, affiliated real estate agent (Certificate No. C9089), formerly employed by or authorized to act on behalf of Re/Max TMS inc., chartered real estate broker (Certificate No. A2944), whose establishment is located at 156 Labelle Blvd. in Sainte-Thérèse, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offence summarized below:

1st count: Between October 2003 and June 2004, following the sale of an immovable made through the Defendant, committing acts that are derogatory to the honour and dignity of the profession and 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, with regards to a mandate given to him by a seller to operate her bank account, in which she authorized the Defendant to pay invoices relating to the said immovable, notably by appropriating or using sums of money belonging to the seller for purposes other than that for which he had been authorized, more specifically by making withdrawals and/or transfers in the seller’s account, namely:

on or around December 4, 2003, a transfer of $2,000 to a third-party account;
on or around December 16, 2003, a withdrawal of $1,000;
on or around December 19, 2003, two transfers totalling $10,000 to an account held by the Defendant;
on or around April 27, 2004, a withdrawal of $10,000;
on or around May 25, 2004, a transfer of $5,000 to an account held by the Defendant;
on or around June 3, 2004, two transfers in the amounts of $4,000 and $1,000 to an account held by the Defendant;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

On February 23, 2007, the Discipline Committee ordered a suspension of Mr. Richard Provost’s certificate for a period of six (6) months on this count of the complaint, to become effective whenever he applies for reinstatement or the issuance of a certificate in any category.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. March 29, 2007. The suspension of Mr. Richard Provost’s affiliated real estate agent certificate will therefore become effective whenever he applies for reinstatement or the issuance of a certificate in any category, for a period of six (6) months.

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

Brossard, March 29, 2007

Chantal Peltier
Discipline Committee Secretary