33-13-1571
Licence number
E2224
Broker's name
Perard, Guerby
Decision
NOTICE OF SUSPENSION
OF MR. GUERBY PERARD’S LICENCE
File: 33-13-1571
NOTICE is hereby given that Guerby Perard, former real estate broker (Licence No. E2224), whose establishment was located in Laval, has notably been found guilty by the Discipline Committee of Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:
1st count: During the month(s) of January to May 2010, helping obtain mortgage financing, using false documents, on six (6) different immovables, thus committing, in each instance, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ;
2nd count: On or around January 26, 2010, adding his name to clause 2.1 of the promise to purchase concerning an immovable, this after the parties to this promise had already signed, thus committing an offence under section 98 of the By-law of the ACAIQ;
3rd count: During the months of January and February 2010, substituting his name for that of the broker under clause 2.1 of the promise to purchase concerning an immovable, this after the parties to this promise had already signed, thus committing an offence under section 13 of the Rules of Professional Ethics of the ACAIQ;
4th count: At an indeterminate date, but probably during the months of January or February 2010, concerning an immovable, allowing a person other than the buyer to enter a signature in the place provided for the buyer’s signature on the notice of disclosure of remuneration for referral, the whole contrary to section 13 of Rules of Professional Ethics of the ACAIQ;
5th count: At an indeterminate date, but probably during the month of April 2010, concerning an immovable, allowing a person other than the borrower to enter a signature in the place provided for the borrower’s signature on the notice of disclosure of remuneration for referral, the whole contrary to section 13 of Rules of Professional Ethics of the ACAIQ;
6th count: At a period subsequent to March 21, 2010, seeing to the signing backdated to March 18, 2010 of the promise to purchase concerning an immovable, and of an AM form amending it, the whole contrary to section 13 of Rules of Professional Ethics of the ACAIQ;
8th count: At a period subsequent to May 20, 2010, acting in a way that was incompatible with the exclusive brokerage contract entrusted to an agency, represented by a broker, notably by receiving remuneration directly from the seller, the whole contrary to section 90 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising;
9th count: At a period subsequent to May 20, 2010, failing to remit without delay to his agency remuneration which he had collected from the seller of the immovable, the whole contrary to section 35 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising;
10th count: During the months of March and April 2011, participating in a financing application, on the basis of false documents, for the acquisition of an immovable by the buyers, the whole contrary to section 69 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
On March 27, 2014, the Discipline Committee ordered a suspension of Guerby Perard’s real estate broker’s licence (Licence No. E2224), as to counts Nos. 1a), 1b), 1d) and 1f) of the formal complaint, for periods of four (4) months each; as to counts Nos. 1c) and 1e) of the formal complaint, for periods of six (6) months each; as to counts 2, 3, 4, 5, 6 of the formal complaint, for periods of one (1) month each; as to count 10 of the complaint, for a period of three (3) months, all these suspensions to be served consecutively; as to counts 8 and 9 of the formal complaint, for periods of one (1) month each; to be served concurrently with each other but consecutively with the other suspensions.
Given that Guerby Perard is no longer a licence holder, his licence shall be suspended for a period of thirty-seven (37) months whenever he 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, May 1, 2014
Renée Dionne
Discipline Committee Secretary
