33-06-0949

Licence number

D6707

Broker's name

Ho, Thi Thu Thuy

Decision

Notice of suspension of the certificate
of Mrs. Thi Thu Thuy Ho

File: 33-06-0949

NOTICE is hereby given that Mrs. Thi Thu Thuy Ho, affiliated real estate agent (D6707), formerly employed by or authorized to act on behalf of Re/Max Alliance inc., chartered real estate broker (A2985), whose establishment is located at 3299 Beaubien Street East in Montreal, 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: Between or around May 18, 2005 and or around June 29, 2005, with respect to an immovable, failing to inform with objectivity, without exaggeration, concealment or misrepresentation, all the parties to a transaction referred to in section 1 of the Act, of relevant facts surrounding a transaction and the object thereof and/or of factors that could unfavourably affect the parties or the very object of the transaction, whereas she knew or should have known that the immovable had been used to grow cannabis, namely by:

failing to inform in a timely fashion the prospective buyers, or the real estate agent representing them, that the immovable had been used to grow cannabis;

the whole contrary to sections 26 and 28 of the Rules of Professional Ethics of the ACAIQ.

2nd count: Between or around March 10, 2006 and the end of May 2006, with respect to an immovable, failing to inform with objectivity, without exaggeration, concealment or misrepresentation, all the parties to a transaction referred to in section 1 of the Act, of relevant facts surrounding a transaction and the object thereof and/or of factors that could unfavourably affect the parties or the very object of the transaction, namely by:

a) failing to inform in a timely fashion the prospective buyers, or the real estate agent representing them, that the immovable had been used to grow cannabis;

b) on or around May 11, 2006, by failing to indicate in writing on a counter-proposal form in reply to a promise to purchase that the immovable had been used to grow cannabis;

c) on or around May 23, 2006, by letting the prospective buyers have the immovable inspected without disclosing the fact that the immovable had been used to grow cannabis;

the whole contrary to sections 26, 28 and 29 of the Rules of Professional Ethics of the ACAIQ.

3rd count: Between or around May 18, 2005 and the end of May 2006, failing to demonstrate integrity, committing acts that are derogatory to the honour and dignity of the profession, participating in acts or a practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by:

a) acting as listing agent for the resale of immovables, including for two immovables, while she knew or should have known that these had been used to grow cannabis and that modifications, repairs or work had been done or actions had been taken to hide any damage left by the growing operation:

i) without taking the necessary means to ensure that this information was duly brought to the attention of any prospective buyer in a timely fashion; and/or
ii) by failing to inform in a timely fashion the prospective buyers or the real estate agent representing them that the immovable had been used to grow cannabis; and/or
iii) by letting the prospective buyers have these immovables inspected without disclosing that fact;
iv) concerning one immovable in particular, as of May 8, 2006, by failing to follow an investigator’s instructions and disclose the fact that the immovable had been used to grow cannabis;

b) acting as real estate agent for the acquisition of immovables, notably one immovable, whereas she knew or should have known that the purpose of these acquisitions was to grow cannabis or conduct other illegal activities in these immovables;

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

On March 13, 2007, the Discipline Committee ordered a permanent suspension of Mrs. Thi Thu Thuy Ho’s certificate on these counts of the complaint, enforceable as of the date of this decision.

Consequently, the decision of the Discipline Committee is enforceable as of the date of notification to the defendant. The permanent suspension of Mrs. Thi Thu Thuy Ho’s affiliated real estate agent certificate is therefore effective as of March 14, 2007.

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

Brossard, April 16, 2007

Chantal Peltier
Discipline Committee Secretary