33-05-0804

Licence number

A2314

Broker's name

Couture, Michel

Decision

Notice of suspension of the certificate
of Mr. Michel Couture

File: 33-05-0804

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: Around the end of July 2003, committing acts that are derogatory to the honor and dignity of the profession and participating in acts or in a practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, notably regarding the following events aimed at making a profit on the sale of immovables not yet acquired:

a) on or before July 29, 2003, by soliciting a visit of an immovable from a real estate agent and his assistant without revealing to them that he would not have a promise to purchased drafted and signed by the visitors for whom these visits were being solicited and without revealing to them that any promise to purchase from prospective buyers would not be intended for the seller contemporary to this visit, but rather for a third party;

b) on or around July 29, 2003, by visiting this immovable with two prospective buyers without disclosing to them the price asked by the seller contemporary to this visit;

c) on or around July 29, 2003, by hiding from these same persons that he would collaborate in the acquisition of this immovable by a third party;

d) following this visit, by referring these same persons to a third party whereas he knew that the latter would have them sign an offer to purchase intended for a seller who was not the seller contemporary to their visit;

the whole contrary to sections 1, 13 and 35 of the Rules of the Professional Ethics of the ACAIQ.

2nd count: On or around February 17 and 25, 2004, failing to collaborate and misrepresenting information during an investigation conducted by an assistant syndic, by falsely stating that:

a) on or around February 17, 2004, he had visited an immovable with a third party, who was accompanied by persons of colour;

b) on or around February 17, 2004, he did not know the buyers he had accompanied;

c) on or around February 25, 2004, he did not visit, without this third party, other immovables with the persons of colour who had accompanied him during the visit of the immovable in question;

the whole contrary to sections 54 and 55 of the Rules of the Professional Ethics of the ACAIQ.

3rd count: On or around July 30, 2003, while he was the holder of a chartered real estate broker’s certificate, failing to keep up to date the records, books and registers referred to in the By-Law of the ACAIQ, including by omitting to register and to file a copy of a promise to purchase concerning an immovable in these records, books and registers, the whole contrary to section 130 of the By-Law of the ACAIQ.

On February 21, 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, a suspension for a period of six (6) months on count No. 2, and a suspension for a period of thirty (30) days on count No. 3, to be served consecutively, to become effective whenever he applies for reinstatement or the issuance of a certificate in any category.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. March 29, 2007. The suspension of Mr. Michel Couture’s chartered real agent certificate will therefore become effective whenever he applies for reinstatement or the issuance of a certificate in any category, for a period of twenty-four (24) 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, March 29, 2007

Chantal Peltier
Discipline Committee Secretary