33-08-1132

Licence number

C1709

Broker's name

Bourdeau, Jean-Claude

Decision

Notice of suspension of the certificate of Mr. Jean-Claude Bourdeau

File: 33-08-1132

NOTICE is hereby given that Mr. Jean-Claude Bourdeau, chartered real estate agent (C1709) formerly employed by or authorized to act on behalf of Immobilier Média inc., chartered real estate broker (A2330), whose establishment was located at 298, boul. Thériault, 3e étage, in Rivière-du-Loup, 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 1998 and 2003, while a member representative and manager of the chartered real estate broker Century 21 Satisfaction Inc., failing to declare a portion of revenues and taxes that should have been included in this broker’s quarterly reports concerning Goods and Services Tax (GST) and Quebec Sales Tax (QST), the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around July 8, 2007, agreeing with a promising buyer on the purchase of an immovable by the latter or by a company to be set up, for a sum of one hundred thousand dollars ($100,000), without informing him that this immovable was covered by a brokerage contract for a price of forty-five thousand dollars ($45,000), thus violating sections 1, 5, 13, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.

3rd count: On or around July 10, 2007, while he was the representative of the broker designated on the brokerage contract concerning an immovable, offering to purchase, with a real estate agent in his employ, this immovable from the bankruptcy trustee for the sum of twenty-five thousand dollars ($25,000), without informing the trustee that he had identified a buyer prepared to pay the sum of one hundred thousand dollars ($100,000) for this immovable, thus violating sections 1, 5, 13, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.

4th count: With the real estate agent in his employ, contemporarily with the signing of the following promises to purchase instigated by them, agreeing with the sellers designated on these promises to receive the difference between the selling price indicated on these promises and a lower price:

a) private promise to purchase dated June 6, 2006 from a promising buyer concerning an immovable;

b) private promise to purchase dated July 1, 2007 from a promising buyer concerning an immovable; and

c) promise to purchase dated October 4, 2007 from a promising buyer concerning an immovable;

thus violating, in each instance, sections 1, 5, 13 and 36 of the Rules of Professional Ethics of the ACAIQ.

5th count: On or around January 9, 2007, with the real estate agent in his employ, agreeing with two promising buyers to sell them the immovable for an approximate price of sixty-seven thousand five hundred dollars ($67,500), without informing the buyers beforehand that they intended to purchase this immovable for the sum of twenty-seven thousand five hundred dollars ($27,500) under an agreement dated December 18, 2006, thus violating sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

6th count: On or around August 1, 2007, with the real estate agent in his employ, agreeing with a promising buyer to sell an immovable to him for a price of one hundred and three thousand dollars ($103,000), without informing him beforehand that to this end, they intended to purchase this immovable for a fraction of this price, thus violating sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

7th count: During the years 2005, 2006 and 2007, for the purpose of obtaining mortgage financing, encouraging, with the real estate agent in his employ, the fabrication and use of falsified documents (false letters of donations, false leases, false collateral to the promises of purchase) and participating in various schemes aimed at artificially enhancing the financial profile of buyers in eight acquisitions, thus violating, in each instance, sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ.

8th count: During the years 2005, 2006 and 2007, with the real estate agent in his employ misrepresenting to prospective buyers in 15 acquisitions that they would be able to resell these immovables quickly at a good profit, and that they had even already identified buyers to this effect;
thus violating, in each instance, sections 1, 13, 22 and 26 of the Rules of Professional Ethics of the ACAIQ.

9th count: Between September 27 and on or around October 10, 2007, with the real estate agent in his employ, agreeing to pay and paying three thousand dollars ($3,000) to a promising buyer for his collaboration in the purchase by his father of an immovable, thus violating sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

On November 10, 2009, the Discipline Committee ordered the permanent suspension of Mr. Jean-Claude Bourdeau’s certificate on all counts of the complaint, and prohibited the defendant from applying for a new certificate or from applying for any other type of certificate under the Real Estate Brokerage Act and the regulations thereunder, effective from the date of notification of this decision and at any time thereafter.

The decision of the Discipline Committee became enforceable on November 12, 2009. The permanent suspension of Mr. Jean-Claude Bourdeau’s chartered real estate agent’s certificate therefore came into effect on November 12, 2009.

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

Brossard, December 15, 2009

Chantal Peltier
Discipline Committee Secretary