33-06-0926

Licence number

C3219

Broker's name

Beaudry, Robert

Decision

Notice of suspension of the certificate
of Mr. Robert Beaudry

File: 33-06-0926

NOTICE is hereby given that Mr. Robert Beaudry, affiliated real estate agent (Certificate No. C3219), formerly employed by or authorized to act on behalf of Dabrino, chartered real estate broker (Certificate No. A1732), whose establishment is located at 545 Fréchette Street, in Sherbrooke, 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: On or around the months of August and September 2003, with respect to an enterprise, failing to practice his profession with prudence, diligence and competence, failing to act with objectivity when advising or informing all the parties to a transaction referred to in section 1 of the Act, and providing information which he knew to be false, misleading or incomplete, namely by:

a) giving, or allowing same to be given to a representative of a promising buyer and of a second promising buyer a document entitled “Pro forma” describing a current situation of the enterprise which, among other things, showed a profit of $102,656;

b) omitting or failing to ensure that the financial statements of the enterprise for the year 2002, showing a loss of $16,290, was given to the representatives of a promising buyer and/or to the second promising buyer;

the whole contrary to sections 1, 11 and 26 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around October 1, 2003, with respect to an enterprise, failing to practice his profession with prudence, diligence and competence, 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, namely by:

a) participating in the drafting of a promise to purchase knowing that a sum of $35,000 not mentioned on said promise to purchase was to be paid in cash to a seller;

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

3rd count: Between the months of October and December 2003, with respect to an enterprise, failing to show integrity, participating in an act or practice which may be illegal or which may cause prejudice to the public or to the profession, and receiving compensation directly or indirectly from a person other than the holder of a chartered real estate broker’s certificate who employed him or authorized him to act on his behalf, namely by:

a) on or around the month of October 2003, falsely declaring to his broker that the compensation of $12,000 indicated in the brokerage contract had been reduced to $4,000;

b) on or around October 28 and December 8, 2003, receiving indirectly from the seller the total sum of $4,000;

the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ and section 72 of the By-Law of the ACAIQ.

On June 9, 2008, the Discipline Committee ordered a suspension of Mr. Robert Beaudry’s certificate for a period of six (6) months on count No. 1 of the complaint, a suspension for a consecutive period of ninety (90) days on count No. 2, and a suspension for a consecutive period of thirty (30) days on count No. 3.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. July 14, 2008. The suspension of Mr. Robert Beaudry’s affiliated real estate agent’s certificate is therefore effective as of July 14, 2008 for a period of six (6) months and one hundred and twenty (120) days.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, July 14, 2008

Chantal Peltier
Discipline Committee Secretary