33-05-0822
Licence number
C7433
Broker's name
Leduc, Lynda
Decision
Notice of suspension of the certificate
of Mrs. Lynda Leduc
File: 33-05-0822
NOTICE is hereby given that Mrs. Lynda Leduc, former affiliated real estate agent (Certificate No. C7433), while she was employed by or authorized to act on behalf of Intelligence hypothécaire, chartered real estate broker (Certificate No. C8115), whose establishment is located at 3080 le Carrefour Blvd., Suite 200 in Laval, was found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:
1st count: In November or December, 2002, failing to demonstrate integrity, committing an act that is derogatory to the honour and the dignity of the profession, notably by:
a) altering a document entitled “History” obtained over the Internet, representing a statement of bank transactions, supposedly made to a bank account;
b) sending this document to her client and representing to her that this constituted proof that her financing had been authorized;
the whole contrary to section 1 of the Rules of Professional Ethics of the ACAIQ.
2nd count: In November 2002, failing to demonstrate integrity, committing an act that is derogatory to the honour and the dignity of the profession, notably by:
a) altering a document entitled “The statement” obtained on the Internet and representing a statement of bank transactions made in a bank account;
b) sending this document to her client and representing to her that this constituted a proof of liquidity of a money lender;
the whole contrary to section 1 of the Rules of Professional Ethics of the ACAIQ.
3rd count: In Fall 2002, failing to demonstrate integrity, committing an act that is derogatory to the honour and the dignity of the profession, notably by sending the account manager in a banking establishment, as well as to her client, a certificate of incorporation for a numbered company which she knew or should have known to have been altered;
the whole contrary to section 1 of the Rules of Professional Ethics of the ACAIQ.
4th count: On or around December 16, 2002, failing to demonstrate integrity, committing an act that is derogatory to the honour and the dignity of the profession, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, by attempting to receive compensation from a person other than the holder of a chartered real estate broker certificate who employs her or on whose behalf she is authorized to act, notably by sending an invoice to a company in the name of “Lynda Leduc, financing consultant”;
the whole contrary to section 72, sub-section 2 of the By-Law of the ACAIQ and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: Beginning on November 4, 2002, failing to demonstrate integrity, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, with respect to an immovable, receiving compensation from a person other than the holder of a chartered real estate broker certificate who employed her or on whose behalf she was authorized to act, notably by:
a) obtaining from a company a cheque in the amount of one thousand dollars ($1,000.00) payable to the order of the defendant, as an advance on her compensation;
b) omitting to issue a receipt to this numbered company to document receipt of this amount;
the whole contrary to section 72, sub-section 2 of the By-Law of the ACAIQ and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: Beginning on September 11, 2002, failing to demonstrate integrity, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, with respect to an immovable, receiving compensation from a person other than the holder of a chartered real estate broker certificate who employed her or on whose behalf she was authorized to act, notably by:
a) obtaining from her client a cheque in the amount of seven hundred and fifty dollars ($750.00) payable to the order of the defendant, as an advance on her compensation;
b) omitting to issue a receipt to document receipt of this amount;
the whole contrary to section 72, sub-section 2 of the By-Law of the ACAIQ.
On June 16, 2005, the Discipline Committee ordered the suspension of Mrs. Lynda Leduc’s certificate for a period of fifteen (15) years on each of the counts of the complaint, to be served concurrently, and to take effect whenever she applies for a reinstatement of her certificate or for the issuance of a new certificate.
The decision of the Discipline Committee is executory from the date of the appeals deadline, i.e. September 30, 2005. The suspension of Mrs. Lynda Leduc’s affiliated real estate agent certificate will become effective whenever she applies for a reinstatement of her certificate or for the issuance of a new certificate, for a period of fifteen (15) years.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Longueuil, Borough of Brossard, September 30, 2005
Chantal Peltier
Discipline Committee Secretary
