33-07-1075
Licence number
D2960
Broker's name
Bernard, Marie-Frantz
Decision
Notice of suspension of the certificate
of Mrs. Marie-Frantz Bernard
File: 33-07-1075
NOTICE is hereby given that Mrs. Marie-Frantz Bernard, affiliated real estate agent (Certificate No. D2960), formerly employed by or authorized to act on behalf of Les Courtiers Enna ltée / Enna Brokers Ltd., chartered real estate broker (Certificate No. A2770), whose establishment is located at 2494 Henri-Bourassa Blvd. E., Suite 101, in Montreal, 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: During the month of December 2005, allowing a non-member of the ACAIQ to claim to be authorized to carry out brokerage transactions as referred to in section 1 of the Real Estate Brokerage Act, by allowing him:
a) during meetings with a prospective buyer, to represent that he would make arrangements to obtain financing for the acquisition of an immovable, in return for a sum of $2,500 to be paid by the prospective buyer;
b) to obtain from the prospective buyer information on his credit;
c) to obtain from the prospective buyer’s ex-spouse a cash payment of $1,500 as an advance, without issuing her a receipt;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: During the month of April 2006, with respect to an immovable, during meetings with the owner, allowing a non-member of the ACAIQ to claim to be authorized to carry out brokerage transactions as referred to in section 1 of the Real Estate Brokerage Act, by allowing him:
a) on or around April 6, 2006, to represent that he would make arrangements to obtain financing for the acquisition of this immovable, in return for a sum of $2,500 to be paid by the owner;
b) on or around April 6, 2006, to obtain from the owner information on her credit;
c) to obtain from the owner a cash payment of $1,500 as an advance, without issuing her a receipt;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
4th count: On or around March 30, 2007, misrepresenting information during an investigation conducted by an assistant syndic, by declaring: “I did not participate in a meeting where the prospective buyer or his ex-spouse remitted a sum of money to the non-member of the ACAIQ”;
the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ.
On March 27, 2009, the Discipline Committee ordered a suspension Mrs. Marie-Frantz Bernard’s certificate for a period of fifteen (15) months on count No. 1 of the complaint, a suspension for a concurrent period of fifteen (15) months on count No. 2 and a suspension for a consecutive period of four (4) months on count No. 4.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. May 4, 2009. The suspension of Mrs. Marie-Frantz Bernard’s affiliated real estate agent’s certificate is therefore effective as of May 4, 2009 for a period of nineteen (19) months.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspensions and restrictions shall become effective whenever she applies for reinstatement or issuance of any category of certificate.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, May 4, 2009
Chantal Peltier
Discipline Committee Secretary
