33-08-1099
Licence number
D2772
Broker's name
Telmosse, Sylvain
Decision
Notice of suspension of the certificate
of Mr. Sylvain Telmosse
File: 33-08-1099
NOTICE is hereby given that Mr. Sylvain Telmosse, affiliated real estate agent (Certificate No. D2772), formerly employed by or authorized to act on behalf of Immeubles Biano Inc., chartered real estate broker (Certificate No. E2114), whose establishment is located at 43 Avondale St., in Dollard-des-Ormeaux, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, notably of the offences summarized below:
3rd count: On or around July 1, 2005, while he was a real estate agent representing a broker for the performance of a brokerage contract concerning an immovable, having, unbeknownst to the seller, encouraged the promising buyer to draft a promise to purchase by presenting him with the prospect of making a quick profit, while agreeing with the latter that he would subsequently purchase the immovable according to the terms and conditions provided in Annex AG;
the whole contrary to the provisions of sections 1, 5, 13, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.
4th count: With respect to an immovable:
a) on or around July 1, 2005, by encouraging the promising buyer to draft a promise to purchase, committing to purchase the immovable if it was not resold within a certain period of time, this without ascertaining that he was financially able to honour his commitment;
b) on or around June 21, 2006, purchasing an immovable and agreeing to a balance of sale in the amount of $80,000, this without ascertaining that he was financially able to reimburse the seller within the sixty-day (60) deadline indicated in the act of sale;
the whole contrary to the provisions of sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: On or around November 17, 2005, with respect to an immovable, failing to honour the commitment made on July 1, 2005 by signing the form AG to the effect that he would purchase the immovable if it wasn’t sold within three months following the signing of the brokerage contract concerning this immovable;
the whole contrary to the provisions of sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: On or around June 10, 2006, with respect to an immovable, by drafting a promise to purchase, falsely indicating that the offering price was $225,000 whereas the price was actually $180,000, and using these documents to obtain financing;
the whole contrary to the provisions of sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
On June 25, 2009, the Discipline Committee ordered a suspension of Mr. Sylvain Telmosse’s certificate for a concurrent period of sixty (60) days on each of counts Nos. 3, 4 a), 4 b) and 5 of the complaint, and a suspension for a consecutive period of ninety (90) days on count No. 6.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. July 30, 2009. The suspension of Mr. Sylvain Telmosse’s affiliated real estate agent’s certificate is therefore effective as of July 30, 2009 for a period of one hundred and fifty (150) days.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above restrictions shall become effective whenever he applies for reinstatement or issuance of any category of certificate.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, July 30, 2009
Chabha Amirèche
Discipline Committee Secretary
