33-08-1154

Licence number

D2772

Broker's name

Telmosse, Sylvain

Decision

Notice of suspension of the certificate
of Mr. Sylvain Telmosse

File: 33-08-1154

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 and agents immobiliers du Québec, notably of the offences summarized below:

3rd count: On or around February 13, 2005, abusing the trust of promising buyers by encouraging them to submit a promise to purchase on an immovable, by falsely presenting them with the prospect of making a quick profit because he had already found a buyer, the whole contrary to sections 1, 2, 13, 22 and 26 of the Rules of Professional Ethics of the ACAIQ.

4th count: As part of a transaction concerning an immovable, whereas he had agreed with the seller that there would be no compensation for the sale of the immovable, participating in the following schemes:

a) on or around April 14, 2005, allowing an invoice in the amount of $3,383 to be issued by a listing broker;

b) allowing the disbursement sheet prepared by the notary to show that the listing broker’s fee was $5,000;

c) reimbursing to the seller the sums representing the whole of his compensation;

in order to allow the seller to conceal sums that could have been claimed by a government authority, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

6th count: Starting in February 2005, as part of a transaction concerning an immovable, abusing the trust of promising buyers, notably:

a) by drafting and having them sign a promise to purchase to operate a bed and breakfast in this immovable, leading them to believe that they could derive good revenue therefrom, whereas nothing was in place for this type of operation;

b) by leading them to believe that he was going to be co-owner but that his name could not appear in the transaction because he was a real estate agent;

c) around April 2005, when it became impossible to finalize the act of sale because two of the promising buyers did not have the necessary funds, making arrangements for the sale to take place with a balance of sale, whereas he knew or should have known that the two promising buyers’ financial situation was shaky;

d) by signing an agreement for “the maintenance and operation of the bed and breakfast” with tenants and by identifying himself as owner, the whole unbeknownst to the promising buyers;

e) by ordering work from an electrical contractor without the consent of the promising buyers;

the whole contrary to sections 1, 5, 13 and 26 of the Rules of Professional Ethics of the ACAIQ.

8th count: Around April 2005, with respect to an immovable, after it became impossible to finalize the act of sale because the promising buyers did not have the necessary funds, failing to protect the interests of the seller by making arrangements for the sale to proceed with a balance of sale, whereas he knew or should have known that the promising buyers’ financial situation was shaky, the whole contrary to sections 1, 13, 22, 24 and 26 Rules of Professional Ethics of the ACAIQ.

9th count: On or around December 7, 2005, signing, as buyer, a promise to purchase on an immovable, whereas he was representing the listing broker entrusted with the sale of this immovable under a brokerage contract, the whole contrary to sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

10th count: On or around December 7, 2005, with respect to an immovable, indicating or allowing to be indicated on a promise to purchase and the Annex A – Immovable that the purchase price was $75,000, whereas the price actually agreed between the parties was $65,000, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

11th count: Starting on December 7, 2005, with respect to an immovable, failing to send without delay to the person who manages the establishment to which he is assigned the information and documents that the holder of a chartered real estate broker’s certificate that employs him or on whose behalf he is authorized to act requires in order to maintain the records, books and registers, including a promise to purchase and the Annex A – Immovable, the whole contrary to the section 147 of the By-Law of the ACAIQ.

12th count: On or around March 26, 2006, signing, as a buyer, a promise to purchase on an immovable, whereas he was representing the listing broker entrusted with the sale of this immovable under a brokerage contract, the whole contrary to sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

14th count: On or around March 26, 2006, on the signing of a promise to purchase on an immovable, failing to demonstrate that he had the necessary funds, whereas Annex A – Immovable linked to a promise to purchase did not include any condition concerning financing, the whole contrary to sections 1, 13 and 22 of the Rules of Professional Ethics of the ACAIQ.

17th count: On or around June 5, 2005, drafting and presenting a promise to purchase on an immovable whereas he was the shareholder and director of a company that was to purchase this immovable, this while he represented the listing broker entrusted with the sale of this immovable under a brokerage contract, the whole contrary to sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

18th count: On or around June 5, 2005, having a seller accept a promise to purchase, notably concerning an immovable, and its Annex A – Immovable that included no condition regarding the financing of the transaction, whereas he knew or should have known that financing was necessary, thus committing offences against:

a) the seller;
b) the promising buyers;

the whole contrary to sections 1, 13, 22, 24, 26 and 29 of the Rules of Professional Ethics of the ACAIQ.

20th count: On or around June 13, 2005, having a seller accept a promise to purchase, notably concerning vehicles owned by the latter, and its Annex A - Immovable that included no condition regarding the financing of the transaction, whereas he knew or should have known that financing was necessary, thus committing offences against:

a) the seller;
b) the promising buyers;

the whole contrary to sections 1, 13, 22, 24, 26 and 29 of the Rules of Professional Ethics of the ACAIQ.

21st count: On or around June 15, 2005, a having a seller accept a promise to purchase, notably concerning an immovable and equipment, and its Annex A - Immovable that included no condition regarding the financing of the transaction, whereas he knew or should have known that financing was necessary, thus committing offences against:

a) the seller;
b) the promising buyers;

the whole contrary to sections 1, 13, 22, 24, 26 and 29 of the Rules of Professional Ethics of the ACAIQ.

23rd count: On or around December 25, 2005, drafting or allowing the drafting of an Annex A – Immovable, linked to a promise to purchase notably concerning vehicles owned by the seller, but failing to specify the terms of the mortgage condition, thus committing offences against:

a) the seller;
b) the promising buyers;

the whole contrary to sections 1, 13 and 22 of the Rules of Professional Ethics of the ACAIQ.

28th count: After February 12, 2006, destroying the original and the copies of a promise to purchase, concerning an immovable, that he had in his possession, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

29th count: Starting in March 2005, personally or through his company, abusing the trust of a promising buyer and of another promising buyer as witness by using his status as real estate agent to obtain various loans from them while luring them with the prospect of high returns, namely:

a) on or around March 15, 2005, by borrowing the sum of $10,000 from the promising buyer under false pretences;

b) on or around March 31, 2005, by borrowing the sum of $10,000 from the promising buyer;

c) on or around April 15, 2005, by borrowing the sum of $10,000 from the promising buyer;

d) on or around April 30, 2005, by borrowing the sum of $10,000 from the promising buyer;

thus violating, on each of these occasions, sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

30th count: Starting in March 2005, failing to honour the reimbursement commitments he had made, either personally or through his company, for the following loans obtained by using his status as real estate agent:

a) on or around March 15, 2005, $10,000 loan from the promising buyer;

b) on or around March 31, 2005, $10,000 loan from the promising buyer;

c) on or around April 15, 2005, $10,000 loan from the promising buyer;

d) on or around April 30, 2005, $10,000 loan from the promising buyer;

thus violating, on each of these occasions, sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

31st count: On or around May 10, 2006, with respect to an immovable, participating in schemes leading others to believe that the selling price was $350,000, namely:

a) by drafting a promise to purchase indicating a price of $350,000 whereas this amount did not represent the actual consideration;

b) by drafting an Annex G – General providing for a $100,000 remittance “at the time of the notarial act”;

c) by drafting a general annex with an unknown number providing for a $150,000 remittance “at the time of the notarial act”;

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

32nd count: Failing to honour the terms of a promise to purchase on an immovable providing for the act of sale to be signed on or before May 14, 2006 and/or the commitment he had made by signing an Annex G – General to the effect that he agreed to sign the act of sale before May 31, 2006, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

33rd count: On or around October 16, 2006, with respect to an immovable, drafting a promise to purchase showing a price of $650,000 whereas this amount did not represent the actual consideration, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

On January 4, 2010, the Discipline Committee ordered a suspension of Mr. Sylvain Telmosse’s certificate for a period of two (2) months on count No. 3 of the complaint, a suspension for a consecutive period of one (1) month on count No. 4 a), a suspension for a consecutive period of one (1) month on counts Nos. 4 b) and 4 c) but concurrent with each other, a suspension for a consecutive period of twelve (12) months on counts Nos. 6 a), 6 b), 6 c), 6 d), 6 e) and on count No. 8 but concurrent with each other, a suspension for a consecutive period of three (3) months on counts Nos. 9, 10,12 and 14 but concurrent with each other, a suspension for a concurrent period of one (1) month on count No. 11, a suspension for a consecutive period of twelve (12) months on counts Nos. 17, 18, 20, 21 and 23 but concurrent with each other, a suspension for a consecutive period of one (1) month on count No. 28, a suspension for a consecutive period of twelve (12) months on counts Nos. 29 and 30 but concurrent with each other, a suspension for a consecutive period of three (3) months on counts Nos. 31 and 32 but concurrent with each other and a suspension for a consecutive period of two (2) months on count No. 33.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. February 9, 2010. The suspension of Mr. Sylvain Telmosse’s affiliated real estate agent’s certificate is therefore effective as of February 9, 2010 for a period of forty-nine (49) months.

Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the above suspensions 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, February 9, 2010

Chantal Peltier
Discipline Committee Secretary