33-09-1222
Licence number
D2658
Broker's name
Budulan, Elena
Decision
NOTICE OF SUSPENSION
OF MS. ELENA BUDULAN’S LICENCE
File: 33-09-1222
NOTICE is hereby given that Ms. Elena Budulan, former real estate broker (licence no. D2658), whose establishment was located in Montréal, has been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:
2nd count: On or around March 27, 2006, concerning an immovable, proposed, drafted and had an Amendments and fulfilment of conditions form signed; under M2.3 of this form, it is indicated that “the seller will pay the buyer a sum of $14,000 (fourteen thousand dollars) for repairs”, whereas she knew or should have known that this agreement did not reflect the reality, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
3rd count: On or around January 11, 2008, concerning an immovable, did not collaborate during an investigation conducted by an assistant syndic, particularly by stating that:
a) she did not remember on which occasion the seller had told her that her boyfriend or husband had an “infractus” [sic] and that she was a widow;
b) she did not remember why the house was not inhabited;
c) after the promise to purchase, there was an inspection with an inspector, that she was present and the inspector estimated the work;
d) after the inspection, the buyer asked for a price reduction of $14,000, that she went to see the seller who accepted and she completed the amendment;
e) the inspection took place within a 7-day period and that the reduction was requested by the buyer within a period of 11 days;
f) she waited for the mortgage reply to enter the amendment;
g) she thought afterwards that the inspection took place in the evening;
h) it may well be that the inspection did not take place and that “the inspector” made his recommendation to lower the price during the visit before the promise to purchase;
the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ.
On March 18, 2010, the Discipline Committee ordered a suspension of Ms. Elena Budulan’s real estate broker’s licence (licence no. D2658) for a period of ninety (90) days, on count no. 2 of the formal complaint and a suspension period of thirty (30) on counts nos. 3 a), b), c), d), e), f), g) and h) of the formal complaint, to be served concurrently with each other but consecutively to count no. 2. Following the filing of an abandonment of appeal before the Court of Québec, the decision of the OACIQ Discipline Committee is now enforceable.
Given that Ms. Elena Budulan is no longer a licence holder, her licence will be suspended for a period of one hundred and twenty (120) days whenever she becomes a licence holder again.
This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).
Brossard, March 24, 2014
Renée Dionne
Discipline Committee Secretary
