33-05-0824
Licence number
B2097
Broker's name
Vuong, Quang Sinh
Decision
Notice of suspension of the certificate
of Mr. Quang Sinh Vuong
File: 33-05-0824
NOTICE is hereby given that Mr. Quang Sinh Vuong, affiliated real estate agent (B2097), formerly employed by or authorized to act on behalf of Immeubles Mont Yen Canada inc. / Canada Mont Yen Real Estate Inc., chartered real estate broker (A3680), whose establishment is located at 1445 Le Corbusier Blvd., suite 408, in Laval, has been found guilty by the Discipline Committee of the Association des courtiers and agents immobiliers du Québec of the offences summarized below:
Counts No. 1, 3, 7, 13, 17, 19, 22 and 25:
Failing to send without delay to the manager of the establishment to which he is assigned, the information and documents required in order to maintain the records, books and registers provided for in Chapter XI of the By-law of the ACAIQ, contrary to section 147 of the By-law of the ACAIQ.
Counts No. 2 and 16:
Failing to, without delay and in writing, disclose his quality as agent to the prospective seller identified in a promise to purchase, in the manner prescribed in sections 81 and following of the By-law of the ACAIQ, contrary to sections 22 and 23 of the Real Estate Brokerage Act.
Counts No. 4, 9, 15, 20 and 26:
Failing to demonstrate integrity, participating in an act or practice in real estate matter which may be illegal or which may cause prejudice to the public or to the profession, namely by signing as a witness to the signature of various individuals, while knowing that these individuals were not the ones who signed the documents, contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
Counts No. 5 and 10:
Participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or the profession, failing to perform the obligations he agreed to perform with diligence, namely by writing the words “two thousand” on section 4.2 of a promise to purchase, despite the fact that no cheque was remitted to the Defendant at this time and failing to remit, without delay, this amount to the seller’s broker, contrary to sections 13 and 22 of the Rules of Professional Ethics of the ACAIQ.
Counts No. 6, 14, 21 and 24:
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 the profession, failing to disclose a factor of which he had knowledge, that could unfavourably affect prospective buyers or the object of various transactions, namely by not disclosing in writing the fact that properties had been used to grow cannabis, contrary to sections 1, 13, 26, 28 and 29 of the Rules of professional ethics of the ACAIQ.
Counts No. 8, 12, 18 and 23:
Participating in an act or practice in real estate matter which may be illegal or which may cause prejudice to the public or to the profession, namely by indicating, on brokerage contracts, that the sellers’ address was in Québec, while knowing that they were in fact domiciled in Ontario, contrary to section 13 of the Rules of professional ethics of the ACAIQ.
Count No. 11:
Not being in a position to prove the accuracy of the information he provided to the sellers’ agent, namely that a prospective buyer’s mortgage application had been approved, contrary to sections 11 and 26 of the Rules of professional ethics of the ACAIQ.
Count No. 27:
With respect to eight different immovables (collectively hereinafter called “Properties”), failing to demonstrate integrity, committing acts which are derogatory to the honor and 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 the profession, namely by:
A) acting as a real estate agent for the acquisition of the Properties by buyers of Asian origin domiciled outside of Québec for six properties, by a buyer of Asian origin domiciled in Montréal for one property and buying for himself the last property after an attempt, by a buyer of Asian origin domiciled outside of Québec, to acquire it, all of these buyers being interested in a property combining the following criteria:
a bungalow;
located in Montréal’s close suburbs;
equipped with an attached garage or a carport in one case;
for a purpose different than establishing their residence;
while he knew or should have known that the purpose of these acquisitions was to grow cannabis or to conduct other illicit activities inside the properties;
B) by acting as a listing agent for the resale of the Properties, except for one, while he knew or should have known that for each of the Properties:
a) the immovable had been used to grow cannabis;
b) superficial modifications, repairs or works had been done or actions had been taken in order to hide the stigmata left by the said growing;
and by:
i) letting buyers present promises to purchase without disclosing that fact for four properties;
ii) letting buyers conduct an inspection without disclosing that fact for the same four properties;
iii) letting buyers notarize the sale without disclosing that fact for three of the four properties;
contrary to sections 1, 13, 26, 28 and 29 of the Rules of professional ethics of the ACAIQ.
On March 31, 2006, the Discipline Committee ordered a permanent suspension of Mr. Quang Sinh Vuong’s certificate on these counts of the complaint.
The decision of the Discipline Committee is enforceable from the moment of its pronouncement, i.e. March 31, 2006. The suspension of Mr. Quang Sinh Vuong’s affiliated real estate agent certificate therefore becomes permanent as of March 31, 2006.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, April 5, 2006
Chantal Peltier
Discipline Committee Secretary
