33-07-1051

Licence number

B1091

Broker's name

Lessard, Sylvain

Decision

NOTICE OF SUSPENSION
OF THE LICENCE OF MR. SYLVAIN LESSARD
File: 33-07-1051

NOTICE is hereby given that Mr. Sylvain Lessard, having been an affiliated real estate agent (Certificate No. B1091), and having practiced in an establishment located in Saint-Jérôme, has been found guilty by the Discipline Committee of the Association des courtiers and agents immobiliers du Québec of the offences summarized below:

1st count: Failing to show integrity, failing to practice his profession with prudence 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:

a) on or around March 24, 2004, concerning an immovable, by completing and having the buyer sign a promise to purchase showing a purchase price of one hundred thirty-two thousand dollars whereas, concomitantly with this signing, it was agreed that the sum of twenty-two thousand dollars would be paid by the seller to the buyer at the signing of the act of sale;
b) on or around August 29, 2005, concerning an immovable, by completing and having the buyers sign a promise to purchase showing a purchase price of one hundred fifty-five thousand dollars whereas, concomitantly with this signing, it was agreed that the sum of ten thousand dollars would be paid by the sellers to the buyers at the signing of the act of sale;
c) on or around March 4, 2006, concerning an immovable, by completing and having a buyer sign a promise to purchase showing a purchase price of one hundred ten thousand dollars whereas, concomitantly with this signing, it was agreed that the sum of fifteen thousand dollars would be paid by the sellers to the buyers at the signing of the act of sale;
and that these agreements not included in the promises to purchase or in the related annexes, could allow the buyer to apply for mortgage financing on the basis of information that did not take these payments into account;
the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around October 7, 2005, concerning an immovable, failing to show integrity, failing to practice his profession with prudence 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) completing and having the buyers sign a promise to purchase and, on the same occasion, an Amendments form, without cross-referencing this form on the promise to purchase;
b) allowing the seller to accept and sign a promise to purchase, without cross-referencing this form on the promise to purchase;
and that the absence of such cross-reference could allow the buyer to apply for mortgage financing that did not take the content of this form into account,
the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

3rd count: Failing to send without delay to the person who manages the place of business to which he is assigned the information and documents required by the holder of a chartered real estate broker’s certificate who employed him of for whom he was authorized to act to maintain the records, books and registers, namely:

a) as of March 30, 2004, concerning an immovable, a brokerage contract, a promise to purchase and accompanying Annex AA;
b) as of October 25, 2004, concerning an immovable, a brokerage contract, a promise to purchase, Annexes AG – General;
c) as of August 30, 2005, concerning an immovable, a promise to purchase number unknown but that likely could have borne number PA XXXX, as well as another Annex A number unknown but that likely could have borne number AA XXXX, and a counter-proposal number unknown;
d) as of October 7, 2005, concerning an immovable, an amendments form;
the whole contrary to section 147 of the By-Law of the ACAIQ.

4th count: 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 leading others to believe that a real estate broker was the holder of a real estate broker’s certificate issued by the ACAIQ, namely:

a) on or around May 5, 2004, concerning an immovable, by addressing or having someone address an invoice to the seller on behalf of the said broker;
b) on or around November 5, 2004, concerning an immovable, notably by addressing an invoice to a seller on behalf of the said broker;
c) on or around October 5, 2005, concerning an immovable, by addressing or having someone address an invoice to a seller on behalf of the said broker;
the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.

5th count: 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:

a) on or around May 12, 2004, by receiving from the seller, via a notary, a sum of $10,000 following the sale of an immovable;
b) between November 5, 2004 and November 10, 2004, by taking a sum in cash of approximately $6,500 out of a sum in cash intended for the seller, following the sale of an immovable;
c) on or around October 11, 2005, by receiving from the sellers, via a notary, a sum of $10,000 following the sale of an immovable.
the whole contrary to section 72(2) of the By-Law of the ACAIQ.

8th count: As of February 20, 2007, failing to collaborate during an investigation conducted by an assistant syndic, namely by:

b) omitting to reply to a letter dated February 23, 2007 sent by an assistant syndic reminding him of his commitment to contact him to set up a meeting;
the whole contrary to section 56 of the Rules of Professional Ethics of the ACAIQ.

On April 27, 2010, the Discipline Committee ordered a suspension of Mr. Sylvain Lessard’s certificate for a consecutive period of six (6) months on each of counts Nos. 1 a), 1 b), and 1 c) of the complaint, a suspension for a period of six (6) months on each of counts Nos. 2 a) and 2 b), a suspension for a period of thirty (30) days on each of counts Nos. 3 a), 3 b), 3 c), 3 d), 4 a), 4 b), 4 c), 5 a), 5 b) and 5 c), and a suspension for a period of fifteen (15) days on count 8 b). The Discipline Committee also ordered that the suspension periods ordered on counts Nos. 2 a), 2 b) and 3 d) be served concurrently with each other, that the periods ordered on counts Nos. 3 a), 4 a) and 5 a) be served concurrently with each other, that the periods ordered on counts Nos. 3 b), 4 b) and 5 b) be served concurrently with each other, and that the periods ordered on counts Nos. 3 c), 4 c) and 5 c) be served concurrently with each other, and prohibited him from applying for reinstatement or issuance of any certificate before the end of this period.

The Discipline Committee added that should the defendant’s certificate be suspended or expired at the date or the appeals deadline, the above restriction shall become effective whenever he applies for issuance or reinstatement of the required certificate.

On February 4, 2011, the Court of Québec rejected the appeal and upheld the Discipline Committee’s decisions. The decision of the Court of Québec being enforceable, the above restriction ordered against Mr. Sylvain Lessard shall become effective whenever he applies for a licence, for a period of twenty-four (24) months and one hundred and five (105) days.

This notice is given in accordance with section 98.1 of the Real Estate Brokerage Act (R.S.Q., c. C-73.2) and section 33 of the Regulation respecting the issue of broker’s and agency licences.

In accordance with section 143 of the Real Estate Brokerage Act, the Association des courtiers and agents immobiliers du Québec became the Organisme d’autoréglementation du courtage immobilier du Québec.

Brossard, March 17, 2011

Chantal Peltier
Discipline Committee Secretary