33-07-1013

Licence number

C6922

Broker's name

Bénard, Marlène

Decision

Notice of revocation of the certificate
of Mrs. Marlène Bénard

File: 33-07-1013

NOTICE is hereby given that Mrs. Marlène Bénard, affiliated real estate agent (Certificate No. C6922), formerly employed by or authorized to act on behalf of Re/Max Professionnel inc., chartered real estate broker (Certificate No. A3381), whose establishment is located at 1050, rue Principale in Granby, 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 on or around June 5, 2006 and on or around June 12, 2006, with respect to an immovable, failing to act with objectivity, without exaggeration, concealment or misrepresentation, when informing all parties to a transaction referred to in section 1 of the Act of relevant facts surrounding the transaction and the object thereof and/or of factors that could unfavourably affect the parties or the very object of the transaction, whereas she knew or should have known that this immovable had been used to grow cannabis, namely:

a) by failing to inform the prospective buyers and/or the real estate agent representing them, or to make sure they were informed, prior to the signing of a promise to purchase, that the immovable had been used to grow cannabis;

b) on or around June 13, 2006, by failing to indicate in writing on a counter-proposal form in response to a promise to purchase that the immovable had been used to grow cannabis;

c) on or around June 19, and 29, 2006, by allowing the prospective buyers to have the immovable inspected without disclosing the fact that the immovable had been used to grow cannabis;

the whole contrary to sections 1, 13, 26, 28 and 29 of the Rules of Professional Ethics of the ACAIQ.

2nd count: Between on or around June 5, 2006 and on or around September 20, 2006, with respect to an immovable, committing an act that is derogatory to the honour or dignity of the profession by failing to inform the broker for whom the defendant worked and/or the real estate agent representing him of the fact that the said immovable had been used to grow cannabis, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

3rd count: On or around October 5, 2006, with respect to two immovables, misrepresenting facts when providing information to an investigator during an investigation conducted by the Syndic, namely:

by denying having been informed by a Sûreté du Québec investigator that the said immovables had been used to grow cannabis;

the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ.

On April 25, 2008, the Discipline Committee ordered the revocation of Mrs. Marlène Bénard’s certificate on these counts of the complaint.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. June 2, 2008. The revocation of Mrs. Marlène Bénard’s affiliated real estate agent’s certificate is therefore effective on June 2, 2008.

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

Brossard, June 2, 2008

Chantal Peltier
Discipline Committee Secretary