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Madeleine Plamondon is leaving the ACAIQ
Last September, following her appointment to the Upper House of the Federal
government, Madeleine Plamondon left her position to the Board of Directors.
She had been named to the ACAIQ Board by the Québec government in June
1996. Putting a positive face on things, Chairman Serge Brousseau declared
that this appointment served two worthy purposes, i.e. acknowledging a re-
markable career in the service of social justice while providing the appointee
with a prestigious forum in which to promote her ideas. Mr. Brousseau thanked Serge Brousseau and Madeleine Plamondon
Mrs. Plamondon warmly for her commitment to the Association.
The publication for Québec real estate professionals
Volume 2 | Number 4 | November 2003
The ACAIQ is awarded the
for its excellent continuing education
program
The Association of Real Estate License Law Officials (ARELLO) has awarded the ARELLO Education
Award to the Association des courtiers et agents immobiliers du Québec for its excellent continuing
education program. Mr. Claude Barsalou, Assistant General Manager of the ACAIQ, received the
commemorative plaque from Mr. Scott Taylor, president of Arello, at a ceremony held in October as
part of the ARELLO annual convention in Portland, Oregon.
Claude Barsalou and Scott Taylor
RELLO is made up of most Years Activities Participants
organizations involved in regu- 2000 74 2,720
lating the practice of real estate 2001 150 5,714
brokerage in the United States 2002 203 8,500
and Canada, in addition to a great number
of organizations from South America,
Central America, the Caribbean, Austra- When asked to comment on this recognition, Pierre Loiseau, Head of the Educa-
lia, Asia and Africa. Its mission is to help tion Department, stressed that it was the result of teamwork. He added that this could
its members administer real estate broker- not have been achieved without the commitment and support of everyone who has been
age laws aimed at ensuring the protection directly or indirectly involved in developing the program. “It is also greatly due to our
of the public. In addition to encouraging trainers, their knowledge of real estate, the expertise they each have developed in their
cooperation and the exchange of infor- respective fields and their talent as communicators that the Association is thus honoured
mation between member organizations, today.”
ARELLO is active in research in the area But that doesn’t mean that we’re done, concludes Mr. Loiseau. “Because the As-
of enforcement of real estate brokerage sociation still has many projects that should come to fruition in coming years, this award
laws and also defines standards concerning can only motivate us to stay the course and continue working towards our goal of excel-
basic and continuing education programs lence.”
as well as certification examinations.
This is a great honour to be bestowed
on the Association whom, in 2000,
adopted a continuing education policy
outlining the broad directions and prin-
ciples that would guide its actions in sub-
sequent years. It is interesting to note that
it only took three years for the ACAIQ to
get this recognition from its peers. The re-
PRINTED ON
RECYCLABLE
PAPER
sponse from real estate brokers and agents
LEGAL DEPOSIT: NATIONAL LIBRARY OF QUÉBEC, NATIONAL LIBRARY OF CANADA • ISSN 1703-9800
to the education activities offered by the
Association was well above expectations.
By the end of this year, some 300 educa-
tion activities will have been held, for a
total of 10,000 participants. The following
chart shows the yearly growth in the num-
TELEPHONE: (450) 676-4800 OR 1 800 440-5110 • FAX: (450) 676-7801
ber and variety of activities offered and the
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
number of participants they attracted.
Publications Mail • Agreement No. 40065526
6300 AUTEUIL, SUITE 300, BROSSARD (QUÉBEC) J4Z 3P2
INFO@ACAIQ.COM • WWW.ACAIQ.COM
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
2 November 2003 | INFO-ACAIQ
2004 Edition Each nomination must be supported Notice of suspension of certificate
by at least two more persons, who must ex-
of the Québec Real Estate plain the reasons for their support in writ-
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
Brokerage Award ing. Nominations are valid for a period of
two years. Nomination documents must (File No.: 33-00-0451)
Call for include the following:
• A duly completed Official Nomination NOTICE is hereby given that Stéphane Daigneault,
affiliated real estate agent (B0704AF) employed
Form signed by the nominee, authorizing by or authorized to act on behalf of Re/Max de la
his/her file to be submitted to the mem- Pointe, chartered real estate broker (A3304CA),
bers of the selection jury; whose establishment is located at 13150 Sher-
• A letter of introduction signed by the brooke St. East in Montréal, has pleaded guilty to
the violations of which he was accused, i.e.:
nominators outlining with verifiable facts
how the nominee meets the criteria; 1st count : In Montréal, participating in an act in
T
he ACAIQ is once again this • Influence: Place in the community and • At least two letters of support signed real estate matters which may cause prejudice to
the public, namely by advising his client to sign
year encouraging all brokers the profession due to outstanding commit- by persons other than the nominators
an Amendments and Notice of Fulfilment of Con-
and agents to submit their ment and behaviour and exceptional skills. outlining the reasons for their support. ditions form whereas a Promise to purchase con-
nominees for the 2004 edi- The facts submitted to support these There can be a maximum of five letters of tained no mention under clause 9.1 of an Amend-
tion of the Québec Real Estate Brokerage criteria must be verifiable. support; ments and Notice of Fulfilment of Conditions form,
Award. Perhaps you know someone who • A resumé outlining the details of the contrary to section 13 of the Rules of Professional
Ethics of the Association des courtiers et agents
works in the field of real estate brokerage nominee’s education, career profile, per-
immobiliers du Québec .
who stands out by his/her commitment, sonal and professional information and
behaviour, skills and influence within the any other information (extracurricular, 2nd count : In Montréal, participating in an act in
real estate matters which is illegal, namely by imi-
profession? Now is the time to let us know. social, community activities, etc.) deemed
tating his client’s signature on an Amendments and
The recipient will be chosen by a jury relevant; Notice of Fulfilment of Conditions form, contrary to
of six members: five are appointed by the If you know someone whose actions section 13 of the Rules of Professional Ethics of the
Association’s Board of Directors and the make them a potential recipient of the Association des courtiers et agents immobiliers du
sixth will be Paul E. Myre, recipient of the Québec Real Estate Brokerage Award, please Québec .
award in 2003. The award, a bronze medal submit their nomination to: 3rd count : In Boucherville, in pursuing his activi-
symbolizing an immovable under the sign ties, attempting to evade his professional civil lia-
of elevation, cooperation and success, will Selection Jury bility toward his client, namely by having her sign
an Amendments and Notice of Fulfilment of Condi-
be presented at the 2004 ACAIQ Educa- Québec Real Estate Brokerage Award
tions form in which his client declares herself: “…
tion Event to be held in Saguenay April Association des courtiers et agents fully satisfied and agreeing not to take any action
21-22, 2004. The deadline to submit immobiliers du Québec against her agent Stéphane…”, contrary to sec-
nominations is March 31, 2004. 6300 Auteuil, Suite 300 tion 31 of the Rules of Professional Ethics of the
Brossard, Quebec J4Z 3P2 Association des courtiers et agents immobiliers du
Québec .
Evaluation criteria
The nominees will be evaluated using the Nomination documents For more information, please contact 4th count : In Montréal, accepting compensation
following criteria: Nominations must be submitted by at least Patrick Martinet at (450) 462-9800 or directly from a person other than the chartered real
estate broker that employs him or authorizes him
two persons other than the nominee, or 1-800-440-7170, ext. 449.
to act on his behalf, by receiving directly a sum of
• Commitment: Action by the nominee by any organization (franchisor, real estate one thousand five hundred dollars ($1,500) follow-
that demonstrates that, above all, the brokerage firm, real estate board, chamber ing the sale of an immovable, contrary to section
nominee puts his/her know-how to the of commerce, government or consumer 72 of the By-Law of the Association des courtiers
service of his/her clientele and community protection agency, financial institution, et agents immobiliers du Québec .
and that he/she takes part in the better- etc.) except the ACAIQ. 5th count : In Montréal, participating in an act in
ment of the profession; real estate matters which is illegal or which may
• Behaviour: Attitude marked by respect cause prejudice to the public, namely by failing to
advise his client not to sign the adjustments sheet
for others and high ethics, good commu-
presented by the notary, a sheet falsely indicating
nication and listening skills, availability,
integrity, a teamwork, cooperation with
peers and perseverance;
ACAIQ Forms that his client received the sum of $34,000 follow-
ing the sale of an immovable, contrary to section
13 of the Rules of Professional Ethics of the As-
sociation des courtiers et agents immobiliers du
• Skills: Demonstrated skill and in-depth
Québec .
knowledge giving the nominee the ability
to assist and advise his/her clients, keen
attention to detail;
Take advantage of a trial period of 30 days, On October 9, 2003, the Supreme Court of
Canada rejected the application for leave to appeal
free of charge, from our extranet site. the April 15, 2003 decision from the Court of Ap-
peal of Quebec ordering, on the 1st and 5th counts,
the suspension of Mr. Stéphane Daigneault’s cer-
www.extranet.acaiq.com tificate for a period of six months, and on the 2nd
count, the suspension of Mr. Stéphane Daigneault’s
certificate for a period of one year, to be served
concurrently. Fines totaling $5,200 were also im-
posed for the 1st, 2nd, 4th and 5th counts and a
severe reprimand was issued on the 3rd count.
MICHAEL R. CONCISTER The suspension of Mr. Stéphane Daigneault’s af-
filiated real estate agent certificate is effective im-
Avocat-Barrister & Sollicitor mediately.
B.A., B.C.L., LL.B. DIP. MGMT ( APP.) The manager (or representative) of each establish-
ment must post this notice in a visible location of
Specialized in Real Estate their office.
Spécialisé en droit immobilier et This notice is given in accordance with section
baux commerciaux 137 of the Real Estate Brokerage Act (R.S.Q., c.
C-73.1).
Membre du Barreau du Québec
Member of Bar of Ontario Longueuil, Borough of Brossard,
October 9, 2003
1253, ave McGill College, Suite 955 Diane Heppell
Montréal, Québec H3B 2Y5 Discipline Committee Secretary
Tél : (514) 875-5311
Fax : (514) 875-8381
E-mail : mrconsister@bellnet.ca
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
November 2003 | INFO-ACAIQ 3
ACAIQ urges the Government to approve the
for Québec Real Estate Brokers and Agents !
Please take note that the sale price will be in-
creased by $5.00 each pack of forms produced
by the Association des courtiers et agents im-
M
ontréal, November 13, Director Robert Nadeau. “The ultimate coverage. This makes amending the Real mobiliers du Québec, starting January 1st,
2004. This increase applies to all ACAIQ man-
2003 – The Association goal is to continue to ensure protection Estate Brokerage Act urgent.”
datory and recommended forms.
des courtiers et agents for consumers in transactions that are The Fund, which would be managed
immobiliers du Québec often the most important ones of their by the ACAIQ, would also ensure that
(ACAIQ) is urging the government to lives. That is why it is in the best interests consumer claims are processed faster and
approve the creation of a Professional of both consumers and the industry in more efficiently, while providing consum-
Liability Insurance Fund for Québec real general to create this type of Fund in order ers with better protection.
estate brokers and agents before the end of to protect the public by ensuring adequate
this year, in order to ensure protection for
them, as they practice their profession, as
well as for consumers. Unless the govern-
ment acts swiftly, before December 31,
brokers and agents may no longer be able
to guarantee their responsibility to the POSSÉDER VOTRE PROPRE
public.
Professional liability insurance is
mandatory, and brokers now have to
FRANCHISE...
obtain coverage from private insurers. This
insurance protects consumers in the event
POUR 250 $ PAR MOIS ?
of claims for any mistakes, errors, negli- La première chose agréable qui arrive à un nouveau
gence, or omissions that brokers or agents
franchisé de La Capitale, c’est de se faire aborder
might make in carrying out their duties.
“The Fund will put an end to the sur l’air de La Capitale Vendu, La Capitale Vendu!
problems of insurers who are reluctant Preuve qu’il a choisi la bonne bannière, une
to cover brokerage risks, sharp premium bannière dont la notoriété est acquise!
hikes that sometimes amount to more
than 200%, and the difficulty that some
professionals have in obtaining coverage,”
said ACAIQ President and Executive NOUS...
• proposons des outils exclusifs favorisant le prise de contrats de courtage;
• véhiculons l’image d’une solide bannière entièrement québécoise axée
sur le service aux consommateurs;
• sommes le dépositaire exclusif au Québec de toutes les reprises hypothécaires
résidentielles de la Société canadienne d’hypothèques et de logement;
• offrons un programme d’avantages sociaux à nos agents;
Notice of suspension of certificate
• avons mis sur pied un vaste réseau de références avec le réseau Coldwell Banker
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC regroupant 3 600 succursales et plus de 100 000 agents immobiliers
(File No.: 33-03-0674) en Amérique du nord.
NOTICE is hereby given that Mr. Raynald Michaud,
affiliated real estate agent (B5977) employed by or
authorized to act on behalf of La Capitale Banlieue MAIS SURTOUT, NOUS...
Est, Coop, chartered real estate broker (C3465),
whose establishment is located at 544 Notre- • sommes abordables... une franchise La Capitale peut être à vous pour 250 $
Dame St. in Repentigny, has pleaded guilty to the
violations of which he was accused, i.e.: par mois, sans aucuns autres frais obligatoires.
1st count : In Lanoraie, on or around May 11, 2001,
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 and
SEUL OU AVEC UN GROUPE D’AGENTS, DEVENEZ FRANCHISÉ LA CAPITALE pour
which is incompatible with an exclusive brokerage gérer votre propre bureau immobilier; différentes formules sont possibles entre créer
contract awarded to a chartered real estate broker,
namely by having a seller sign another brokerage une nouvelle équipe ou acquérir un bureau déjà existant. Des territoires sont
contract, contrary to sections 1, 13, 45 and 46 of
the Rules of Professional Ethics of the ACAIQ ; disponibles dans maintes régions du Québec.
2nd count : In Lanoraie, on or around May 11,
2001, participating in an act or practice in real
estate matters which may be illegal or which may
Information / Entrevue confidentielle :
cause prejudice to the public or to the profession, Développement des franchises au 1 (800) 363-6715, poste 312.
namely by having sellers sign a counter-proposal to
a promise to purchase for an amount higher than
the actual selling price, contrary to sections 1 and
13 of the Rules of Professional Ethics of the ACAIQ. FRANCHISES LA CAPITALE / LISTE DES TERRITOIRES DISPONIBLES
On September 25, 2003, the Discipline Committee MONTÉRÉGIE QUÉBEC LAURENTIDES
imposed a $1,200 fine for the 1st count. In addi- Brossard • Chambly • Châteauguay De nombreux secteurs du Québec Comté Argenteuil
tion, the Discipline Committee has ordered the sus- La Prairie • St-Hubert • St-Lambert métropolitain tels que : Région de Mont-Tremblant
pension of Mr. Raynald Michaud’s certificate for a MONTRÉAL BANLIEUES Cap-Rouge • Duberger AILLEURS AU QUÉBEC
period of thirty (30) days from the appeals dead- Beaconsfield • Dorval L’Ancienne-Lorette • Loretteville Abitibi
line. The Discipline Committee’s decision is effec- Montréal centre-ville • Montréal-Nord Neufchâtel • Val-Bélair • Etc… Témiscamingue
tive as of November 3, 2003. Outremont • St-Laurent • St-Léonard Plus les comtés suivants :
Vaudreuil • Ville Mont-Royal Berthier • Charlevoix • Chauveau
Longueuil, Borough of Brossard, Lotbinière • Montmorency • Portneuf
November 3, 2003 Westmount • Etc…
LAVAL RIVE NORD ESTRIE
Lachenaie • Ouest de Laval Beauce • Comté Richmond
Diane Heppell
Terrebonne • Etc… Compton • Mégantic
Discipline Committee Secretary
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
4 November 2003 | INFO-ACAIQ
Mortgage referral ruled
a real estate brokerage
activity
I
n a decision handed down on May Once the client was thus put in con-
21, 2003, the Court of Appeal of tact with M.R.S., the role of the securities
Quebec has confirmed that the refer- broker or his representative would stop
ral of clients to a lending institution there. The rest would concern only the
for a loan secured by immovable hypothec, client and M.R.S. Therefore, the broker
in exchange for compensation if the loan or his representative would provide no
is granted, constitutes a brokerage activ- advice, would not represent themselves as
ity under the Real Estate Brokerage Act. mortgage brokers, would not take part in
According to the Court, laws governing the loan application or approval process,
real estate brokerage activities are there would not contact M.R.S. and, more
to ensure the protection of the public and generally, would not undertake any action
this protection would be diminished if with M.R.S. on behalf of the client.
securities brokers and their representa- This being said, the Association des
tives who do not hold the authorizations courtiers et agents immobiliers du Québec
or certificates required under these laws (ACAIQ) still considered the referral
were allowed to encourage their clients to process in this program to be a broker-
borrow against an immovable hypothec age activity under the Real Estate Broker-
collateral. age Act. The ACAIQ felt that only a real
Following are the facts that led to this estate broker or agent or a representative
decision. In 1999, Compagnie de Fiducie registered with the Bureau des services fi -
M.R.S., a trust company active in the field nanciers (BSF) and authorized to carry out
of mortgage lending across Canada and a brokerage activities in connection to loans
subsidiary of a major investment man- secured by immovable hypothec, in accor-
agement company, Mackenzie Financial dance with the Act respecting the Distri-
Corporation, wanted to launch a client re- bution of Financial Products and Services,
ferral program in Québec as it had already should be able to use the referral process as
done in other Canadian provinces. Under described in the M.R.S. program.
this program, investment representatives Not satisfied with the Association’s
who were part of the Mackenzie financial interpretation, M.R.S. filed a motion for a
distribution network could direct clients declaratory judgment before the Superior
seeking a loan secured by immovable Court to establish that the proposed pro-
hypothec to M.R.S. If M.R.S. granted gram would not involve real estate broker-
a mortgage of more than $50,000 to a age activities. The Superior Court agreed,
client, M.R.S. would pay the securities stating that “the act of referring a client to
broker whose representative referred the M.R.S. in order to help secure a mortgage
client an amount of up to $400. loan does not make a securities broker or
Under the M.R.S. program, the role his representatives, subject to the CVMQ
of the securities broker and his representa- (Quebec Securities Commission) eth-
tive was to be limited to: ics, into intermediaries. They are merely
• provide clients with documentation con- referring, [which] cannot be considered
cerning M.R.S. mortgage products; a real estate transaction that could come
• provide clients with a toll-free telephone under the jurisdiction of the respondent,
number to reach an M.R.S. representative; (the ACAIQ), in its role of protecting the
or; public”.
• have clients fill out a reply card with
their name, address and telephone number
so a representative could contact them
directly.
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Solutions d’assurance titres résidentielles et commerciales
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
November 2003 | INFO-ACAIQ 5
This Superior Court decision Professional Inspection
meant that securities brokers and
their representatives registered with
the CVMQ and those registered Changes to
with the BSF could engage in
mortgage referral activities under
the program proposed by M.R.S.
without holding a real estate broker
Y
or agent certificate or the required ou already know about your obligation to disclose in writing to your client any The term “compensation” is used in
authorization by the BSF. The compensation agreement that may generate a conflict of interest with him, and its broadest sense and is not limited to the
ACAIQ appealed this decision, to disclose any compensation (other than that mentioned in the mandatory payment of a sum of money. It can take
and the Court of Appeal ruled in brokerage contract) that you have received or expect to receive in the course of different forms such as a trip, a rebate on
its favour. According to the court, this contract. services, gifts, etc.
“the role of broker is essentially that Compensation agreements are generally perceived by the public as being a source We suggest that brokers make the
of an intermediary: by his inter- of conflict of interest, which is why they must always be disclosed… in writing! The task easier for their agents by indicating in
vention, he plays an essential role Professional Inspection Committee of the ACAIQ has revised the Notice of disclosure advance on the disclosure forms all com-
in establishing contact between a form and come out with a new and simplified “Disclosure of Compensation Agreements” pensation agreements; this way, these can
lender and a borrower”. form. be quickly accessed and easily updated.
This decision from Québec’s Disclosure forms must make mention of
highest court clearly states that Section I: Identity of the client all agreements, verbal or written, with
anyone engaging in a referral activ- You are now only required to enter the client’s complete ID information, including hypothecary lenders or any other provider
ity, even to a very slight degree, phone number. However, you no longer need to include the information pertaining to of goods or services.
in connection with loans secured the real estate transaction or to attach documents. The broker or hypothecary lender will Remember that an agent may not
by immovable hypothec, is also take care of contacting the client and getting the necessary information or documents. receive compensation from a person other
carrying out a real estate brokerage You need only to forward this form. than the broker who employs him or on
activity, whether this person does is whose behalf he is authorized to act. In
frequently or not. The person must Section II: Declaration addition, any compensation for directing a
therefore hold a certificate issued Complete this section whether for a compensation agreement pertaining to the refer- client to another broker or a hypothecary
under the Real Estate Brokerage Act ral of clients to hypothecary lenders, a compensation agreement for directing a client to lender must be treated like a full-fledged
or apply for an authorization under another real estate broker or any other compensation agreement with goods or services brokerage transaction under the Real Es-
the Act respecting the Distribution of providers. Agreements with moving companies are an example. tate Brokerage Act, and therefore be entered
Financial Products. in the register of transactions. Copies of
the compensation agreement, disclosure
form and any other document pertaining
to the transaction (compensation cheque)
must be filed in the transaction record.
The new “Disclosure of Compensa-
tion Agreements” form is available on the
ACAIQ website (http://www.acaiq.com).
For a better understanding of your obliga-
F ollowing the recent departure of Louise Clément, in August the Chambre immobilière de
Québec welcomed its new General Manager in the person of Gina Gaudreault. With diplomas
in Human Resource Management and Sociology, Mrs. Gaudreault is currently completing her MBA
tions in this regard, we refer you to the
article entitled “Disclosure concerning
hypothecary referrals” published in July
at UQAM. Born in the Lower St. Lawrence region, Gina Gaudreault also has an extensive manage- 1999 in ACAIQ Magazine and also acces-
ment experience. She has become known, among other distinctions, through her involvement within sible on our website.
the Regroupement des centres-villes et des artères commerciales du Québec (Québec association
of downtown cores and commercial arteries), an organization she headed for more than ten years.
Before that, as General Manager for Action Kamouraska, she participated in the economic develop-
Gina Gaudreault ment of this region in addition to being Town Councilor in La Pocatière from 1986 to 1994.
P R O G R A M M E D ’ A S S U R A N C E P O U R L E S M E M B R E S D E L’ A C A I Q
Self-Sufficient,Eager,
And Determined Professional Donnez-vous des assises solides...
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l’Association des courtiers et sur toutes les protections suivantes :
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As an independent real estate broker, le seul qui puisse satisfaire pleine- • assurance vie, accidents, salaire
• assurance médicaments, maladie
ment vos besoins d’assurance. • assurance dentaire
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avantageux. Et le seul pour lequel
• assurance voyage
• assurance maladies graves
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mise sur pied à votre intention.
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For information,call (450) 676-8666.
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Association Section,Left Column.
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
6 November 2003 | INFO-ACAIQ
A deposit can 2004 ACAIQ Education event
C T
lause 4.2 of the mandatory form “Promise to purchase” gives the buyer the he Association des courtiers et agents immobiliers du Québec, in cooperation
opportunity to pay a deposit on the selling price of a property. This deposit with the Chambre immobilière du Saguenay/Lac Saint-Jean, is pleased to in-
should be strongly recommended as it further attests to the motivation of the vite all its members to the 2004 edition of the ACAIQ Education Event, to be
buyer. It involves the commitment of a sum of money whose management is held in Saguenay on April 21 and 22, 2004 at hotel Le Montagnais. As usual,
entrusted to a real estate broker “in trust” until the completion of the transaction. the Annual General Meeting will coincide with this convention.
The deposit can also be important when the seller receives two promises to purchase This year’s theme, Our History and Our Future, is a tribute to the profession and a
simultaneously. In such a case, a buyer who paid a deposit could have the advantage over portrait of its evolution over time. The year 2004 will mark the 50th anniversary of the
one who did not and be preferred by the seller. It should also be mentioned that a real Chambre immobilière du Saguenay and the Corporation des courtiers en immeubles de la
estate broker or agent must recommend that a reasonable deposit be paid to the broker province de Québec, forerunner of the ACAIQ, itself celebrating ten years of existence.
signing the brokerage contract to be deposited in a trust account. Conferences, testimonials, archives and practical tools will be the order of the day
at the 2004 ACAIQ Education Event. Also in attendance will be Ordre des psychologues
The deposit placed in a real estate du Québec President and renowned Radio-Canada commentator Anne-Marie Charest,
broker’s trust account will benefit from who will talk about human relationships in the daily practice of our profession.
the protection offered by the Fonds The Real Estate Brokerage Award will also be presented at this annual convention,
d’ indemnisation du courtage immobilier. during the Chairman’s Dinner. Last year’s honoree, Mr. Paul E. Myre, will present the
For each brokerage transaction, the deposit coveted bronze medal to this year’s winner. The evening will end with a spectacular
shall be protected against misappropria- show.
tion of funds for up to $15,000. Don’t miss this unique gathering! Join us on April 21 and 22 in Saguenay. For
If, for a reason indicated in the information, contact Julie Poulin, Communications Advisor, at 450-462-9800 ext. 448
conditions of the promise to purchase, the or 1-800-440-7170 ext. 448.
transaction becomes null and void, the
broker-trustee must refund the deposit to
the buyer without delay. However, if the
buyer claims his deposit while there is con-
troversy over the validity of the promise
to purchase, the broker must inform the Certificate renewal
seller in writing that he will be refunding !
the deposit to the buyer within a specified Only a few days left before December 10 deadline to send your renewal form duly
period unless the seller proves that he has completed and your payment to the Association. Requests received after Decem-
initiated title transfer procedures. In this ber 31 cannot be processed as a renewal and will be considered a new issue, with
case, the deposit shall be retained by the the corresponding fee. No change has been made to the certificate renewal forms
broker-trustee until a decision is rendered this year. Much of the information to be provided by the applicant is already
or until there is an agreement between printed on the form; all the member has to do is check for accuracy and enter any
parties. Other action can also be taken necessary corrections. You can check the status of your certificate renewal online
before the courts by the seller, which could on the Association’s extranet site at www.extranet.acaiq.com.
lead to seizure and receivership proce-
dures.
For more information on how to
proceed when a buyer claims his deposit,
read the article entitled “Refund of trust
deposits” available on the ACAIQ website
Des solutions mobiles pour
(www.acaiq.com) or call the Info ACAIQ
information center at (450) 462-9800 or
les membres de l’ACAIQ
1 800 440-5110.
Forfait
partenaire
200
23$ minutes
par mois
20¢
la minute additionelle
en tout temps en tout temps
ANALOGIQUE
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NOUVEAU d’usager Bell Mobilité gratuit
Plan Elite*
Pour les gens soucieux de bien servir leurs clients
Info ACAIQ Appels
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L’afficheur
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provenant
(450) 462-9800 200
minutes
Soirs illimités d’usager
de18 h à 8h Bell Mobilité
1 800 440-7170 de jour
et Week-ends GRATUIT
**Messagerie
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Le tout pour 48,50 $ / mois, une économie de 24,50 $
Pour plus d’information, Avec le
contactez votre dépositaire
Bell Mobilité ou Espace Bell,
Compaq iPAQ
ou composez le visualisez
1 800 361-0040 vos propriétés
à vendre.
Numero de référence : LACAI15
**Permet de recevoiret d’envoyer des messages textes remplacant ainsi la pagette.
* Le plan Elite est exclusif aux membres de l’ACAIQ et doit comprendre
au minimum les options et le service de base énuméré ci-haut. Services
Facturation détaillée ainsi que Conférence à trois, Appel en attente et Renvoi
automatique compris. Disponible sur le territoire desservi par Bell Mobilité
seulement. Frais d’accès au réseau 6,95$/mois. Bell Mobilité se réserve le
droit à toutes modifications sans préavis.
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
November 2003 | INFO-ACAIQ 7
Board opts to maintain ! New legal insurance service
The ACAIQ is now offering its members a new legal insurance service through its partnership program with
Dale Parizeau LM. This coverage is added as a rider to the home insurance program and is designed to help
policyholders defend their rights at a low cost. The program consists in an unlimited legal insurance service
and a protection that allows the policyholder to hire the lawyer of his choice. Disputes covered include: acts
for real estate brokers and of consumption, physical and property damage, property or housing, income security and individual labour
conflicts. For more information, please contact the Association’s broker, Dale-Parizeau LM, directly.
• Montréal: (514) 282-1112 • Québec City (Poitras, Lavigueur): (418) 647-1111 • Elsewhere in Québec:
1-800-361-8715.
agents
Offre d’emploi
T
he Board of Directors of the Association des courtiers et agents immobi-
liers du Québec has again confirmed its intention to maintain its members’ ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
personal insurance plan (life, health, drug and income). This decision was L’Association des courtiers et agents immobiliers du Québec est l’organisme chargé de la surveillance du
made following a request submitted by a member, asking that the Association courtage immobilier au Québec. Sa mission consiste à protéger le public par l’encadrement des activités pro-
terminate this plan, in which the Quebec Health Insurance Board is forcing him to enroll fessionnelles de tous les courtiers et agents immobiliers exerçant au Québec, comme le prescrit la Loi sur le
in accordance with the Act respecting prescription drug insurance. courtage immobilier. Le Bureau du syndic de l’Association recherche une personne pour combler un poste de :
PROCUREUR DU SYNDIC
Relevant du syndic et sous la supervision du chef de service – procureurs du syndic, la candidate ou le candidat
Under this act, which came into force retenu agit à titre de conseiller et de procureur pour le Bureau du syndic devant le Comité de discipline et les tri-
bunaux de droit commun en matière de droit disciplinaire.
in 1997, anyone who is eligible to join a Notice of suspension of certificate
group insurance plan must enroll in the Les principales fonctions sont d’analyser les dossiers d’enquête, rédiger les plaintes, ainsi que de préparer et
plan, thereby excluding them from the plaider les dossiers devant le Comité de discipline et les tribunaux supérieurs.
ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
public drug insurance plan. Because the CONDITIONS ET QUALIFICATIONS
ACAIQ offers such a plan, which it did (File No.: 33-00-0429)
La candidate ou le candidat doit détenir un baccalauréat en droit, être membre en règle du Barreau du Qué-
long before the law was enacted, every bec, posséder un minimum de quatre ans d’expérience pertinente en plaidoirie devant les tribunaux ainsi qu’une
NOTICE is hereby given that Mr. Sylvain Krief, affili-
broker or agent who does not have access ated real estate agent (certificate No. B0825), em- excellente maîtrise verbale et écrite des langues française et anglaise.
to another group insurance plan, either ployed by or authorized to act on behalf of Royal De plus, la candidate ou le candidat doit avoir un esprit d’analyse et de synthèse, du jugement, du tact, un sens
through their spouse, their employer or the LePage Dynastie, chartered real estate broker (cer- critique, l’esprit de décision et la capacité de travailler en équipe.
banner under which they practice, must tificate No. C9600), whose establishment is locat-
ed at 423 Victoria Avenue in Saint-Lambert, has La connaissance de la Loi sur le courtage immobilier et ses règlements constitue un atout.
join the Association’s plan.
been found guilty of three (3) violations of which
It is important to note that last year, he was accused, i.e.:
Veuillez adresser votre curriculum vitæ à :
the government began systematically trac- ACAIQ
ing individuals insured under the public 1st count : On the South Shore of Montréal, on
a/s Magalie Odnéus • Agente – Ressources humaines
or around June 30, 1998, failing to send without
plan although they have access to a private delay to the manager of the place of business to 6300, rue Auteuil, bureau 300, Brossard (Québec) J4Z 3P2
plan. Their coverage under the public plan which he was assigned the documents concerning Télécopieur : (450) 676-1971 • Adresse électronique : rh@acaiq.com
is immediately terminated and violators a promise to purchase, contrary to section 147 of
the By-Law of the ACAIQ ; N.B. Nous vous remercions à l’avance de votre intérêt, cependant seules les personnes dont la candidature aura
are required to pay arrears that can range
été retenue recevront un accusé de réception.
in the thousands of dollars. 3rd count : On the South Shore of Montréal, on
The Association’s Board of Directors or around July 2, 1998, participating in an act in
feels it essential that we offer our members real estate matters which may be illegal, namely by
a group insurance plan, otherwise a large modifying a bank’s signed temporary mortgage ap-
proval, contrary to section 13 of the Rules of Pro-
number of brokers and agents, who are of- fessional Ethics of the ACAIQ ;
ten self-employed, would not benefit from
any of the protections it offers. Also, please 4th count : On the South Shore of Montréal, on or
around July 2, 1998, participating in an act in real
note that the various insurance plans spon- estate matters which may be illegal, namely by us-
sored by the Association and distributed ing a bank’s “pre-qualification” temporary ap-
by Dale-Parizeau LM will soon be modi- proval document for the benefit of a buyer in con-
fied to increase coverage and reduce costs. nection with a transaction, when he knew or must
More information will follow. have known that the document was forged, con-
trary to section 13 of the Rules of Professional Eth-
ics of the ACAIQ.
Dale-Parizeau L.M. On November 13, 2003, the Supreme Court of Can-
ada rejected the application for leave to appeal the
Montréal : decision by the Court of Appeal of Quebec dated
(514) 282-1112 June 4, 2003, ordering for the 3rd and 4th counts
the suspension of Mr. Sylvain Krief’s certificate for
Québec (Poitras, Lavigueur) : a period of one (1) year, to be served concurrently.
(418) 647-1111 Fines totaling $5,500 were also imposed for the
Elsewhere in Québec : three (3) counts.
1 800 361-8715 Longueuil, Borough of Brossard,
November 13, 2003
Diane Heppell
Discipline Committee Secretary
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
8 November 2003 | INFO-ACAIQ
Tuesday, October 14, 2003
Recently, Notice of suspension of certificate
the Chambre immobilière Trans-Action Outaouais 2000 inc.
de l’Outaouais celebrated c/o Mrs. Hortense Roy ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC
the 90th birthday of Mrs. 139 de l’Hôpital Blvd.
Hortense Roy, one of its Gatineau, QC (File No.: 33-03-0686)
J8T 8A3
members. This is the message
NOTICE is hereby given that Mario Bouchard, affili-
sent to her by the ACAIQ on
ated real estate agent (B2434), while employed by
that occasion. or authorized to act on behalf of Immeubles Dam-
lobec inc., chartered real estate broker (A3708),
Subject: Your 90th birthday
whose establishment is located at 1276 Sacré-
Cœur Blvd. in Saint-Félicien, has had a complaint
filed against him with the Discipline Committee of
Dear Hortense: the Association des courtiers et agents immobiliers
du Québec, stating the following:
On behalf of the Association des courtiers et agents immobiliers du Québec, please allow
us to wish you a very Happy 90th Birthday! As you probably know, as affi liated real estate 1st count: In St-Félicien, during the month of Au-
agent, you are the most senior of the ACAIQ’s 13,052 members. But much more than a gust 2002, participating in an act or practice in real
record, amazing as it may be, to us you are a veritable source of inspiration. What energy you estate matters which may be illegal or which may
have! What an example you set! cause prejudice to the public or to the profession,
namely;
You worked as a teacher for about forty years before embarking on a second career in real
estate more than twenty years ago. That is truly extraordinary! To paraphrase a song from a) by falsely identifying Denis Brossard as the
Quebec poet Félix Leclerc, whom you may have met when he lived in your home town of buyer on a promise to purchase, and by having the
Vaudreuil, your shoes have done a lot of traveling! real buyer sign this name in the space reserved for
the buyer’s signature on a promise to purchase;
We are not surprised, therefore, that you have become a living encyclopedia for your col-
leagues, or that you attend all our local education activities, something that is strongly b) by falsely identifying Denis Brossard as the
encouraged by the ACAIQ. As we’re sure you have discovered, vitality, curiosity and success tenant on a lease, and by having the real tenant
go hand in hand. sign this name in the space reserved for the ten-
ant’s signature on a lease;
Through the grapevine, we have also heard about the wonderful human qualities that set you
The Montreal daily The Gazette recently report-
apart as much as your longevity. You are obviously well-loved and well-respected and we are c) by leading the co-seller to a brokerage
ed that Maureen Boyce, a real estate agent who
truly honored to count you among our members and to take a humble part in the homage contract to believe that the buyer’s name was Denis
works in the West Island, took an active part in
paid to you today. Once again, a very Happy Birthday to you, Hortense, and long life! Brossard;
the Shave to Save fundraising campaign orga-
nized by Mix 96 through the month of October contrary to section 13 of the Rules of Profession-
to collect money for the Quebec Breast Cancer al Ethics of the Association des courtiers et agents
Foundation and raise public awareness for this immobiliers du Québec .
worthy cause. She donated her hair to make
wigs for cancer patients who have lost their hair 2nd count : In Saint-Félicien, during the months
through chemotherapy. of July and August 2002, failing to send without
Serge Brousseau Robert Nadeau delay to the manager of the place of business to
Chairman of the Board President and Chief Executive which he is assigned the information and docu-
Officer ments required by the manager to maintain the re-
cords, books and registers provided for in Chapter
XI of the By-Law of the Association des courtiers
et agents immobiliers du Québec , namely a prom-
ise to purchase and a lease, contrary to section 147
of the By-Law of the Association des courtiers et
Mortgages agents immobiliers du Québec .
3rd count : In Saint-Félicien, on or around August
8, 2002, when drafting a promise to purchase, fail-
Benefit from the expertise and availability of your Mortgage Development ing to use the mandatory content required on form
Manager. (Annex A – Immovable” and the mandatory format
prescribed, contrary to sections 87 and 88 and
Schedule 2 of the By-Law of the Association des
Loans approved within 24 hours. * courtiers et agents immobiliers du Québec and sec-
tion 26 of the Regulation respecting the application
of the Real Estate Brokerage Act .
Mortgage Development Department: Following the hearing on a request for provision-
1-888-371-0760 al striking off the roll, on September 18, 2003 the
Gone is the long hair flowing in the wind… it is Discipline Committee ordered the following:
now completely shaved. Her two kids were very Ask your
Mortgage Development Manager. - that the certificate currently held by the de-
proud of her, both for the courage it took to do
fendant, which has been suspended since August
this and for the handsome sum she collected,
18, 2003, not be reinstated prior to the final deci-
i.e. a little over $10,000 to add to the $338,387
sion on the primary action, and that in case it is re-
collected by this campaign. It was a shock for
instated before this decision becomes binding, it be
Maureen Boyce when she looked in the mirror.
* Under normal loan approval conditions, the 24-hour period is calculated in terms of business suspended again pending final decision on the pri-
She feels naked, but she has no regrets! days. More time may be required if a document is incomplete or a file must be submitted to the
CMHC for loan insurance approval. mary action;
- more generally, that no certificate whatso-
ever be issued to the defendant pending final deci-
sion on the primary action;
- that a notice of this decision be published in
Le Quotidien and Le Progrès-Dimanche, in accor-
dance with section 133 of the Professional Code.
The decision of the Discipline Committee, rendered
in accordance with section 156 of the Professional
Code, is binding from the date of notice, i.e. Sep-
tember 24, 2003.
The manager (or representative) of each establish-
ment must post this notice in a visible location of
their office.
This notice is given in accordance with section
137 of the Real Estate Brokerage Act (R.S.Q., c.
C-73.1).
Longueuil, Borough of Brossard,
September 25, 2003
Diane Heppell
Discipline Committee Secretary
Info ACAIQ
(450) 462-9800
1 800 440-7170
A S S O C I A T I O N D E S C O U R T I E R S E T A G E N T S I M M O B I L I E R S D U Q U É B E C
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