33-06-0982
Licence number
A2314
Broker's name
Couture, Michel
Decision
Notice of suspension of the certificate
of Mr. Michel Couture
File: 33-06-0982
NOTICE is hereby given that Mr. Michel Couture, chartered real estate agent (Certificate No. A2314), formerly employed by or authorized to act on behalf of Avantage Immobilier, chartered real estate broker (Certificate No. C9793), whose establishment is located at 1179 Saint-Louis St. in Gatineau, 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: On or around February 18, 2003, 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, failing to provide fair treatment to the parties to a transaction, abusing another member’s good faith, using unfair practices against him and failing to communicate a fact pertaining to a transaction, notably regarding the following events aimed at making a profit on the resale of an immovable:
a) by soliciting a visit of this immovable from a real estate agent without revealing to this agent or to the owner of the immovable:
i) that he would not take promises to purchase from the visitors who accompanied him, even if they showed an interest in acquiring it following this visit;
ii) that any transaction proposal from these visitors would not be intended for the owner, but rather for a third party;
b) by hiding from these visitors:
i) the owner’s asking price;
ii) the fact that an individual whom he knew was assisting them in their acquisition efforts was seeking to obtain from them an offer to purchase that was not intended for the owner, but rather for a third party;
iii) that he would collaborate in the acquisition of this immovable by this third party for the purpose of resale to one and/or the other of them;
which events led, on or around February 18, 2003, to the signing by the visitors who accompanied him of an offer to purchase not identifying any seller, the signing, by a third party, of a promise to purchase in the amount of $90,000 and the signing, by the owner, of a counter-proposal;
the whole contrary to sections 1, 13, 24, 26, 35 and 43 of the Rules of Professional Ethics of the ACAIQ.
2nd count: During the years 2004 to 2006, consenting to and tolerating the fact that the chartered real estate broker for whom he was manager did not take any reasonable means to ensure that the persons in the employ or authorized to act on behalf of this broker comply with the provisions of the Real Estate Brokerage Act and the regulations thereunder, including following the decisions rendered by the Discipline Committee of the ACAIQ in four cases involving agents from this firm;
the whole contrary to section 15 of the Rules of Professional Ethics of the ACAIQ.
On June 4, 2007, the Discipline Committee ordered a suspension of Mr. Michel Couture’s certificate for a period of eighteen (18) months on count No. 1 of the complaint, beginning from the expiration of an initial suspension of twenty-five months ordered in decision 33-05-0804 of this Committee, and a suspension for a consecutive period of thirty (30) days on count No. 2.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. July 10, 2007. The suspension of Mr. Michel Couture’s chartered 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 eighteen (18) months and thirty (30) days.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, July 10, 2007
Chantal Peltier
Discipline Committee Secretary
