Believing that there is “sufficient” proof that they implemented “a fraudulent scheme” including false promises to purchase, the Discipline Committee temporarily suspended real estate brokers Christine Girouard and Jonathan Dauphinais-Fortin.
The star of the show Numbers 1 at CASA Christine Girouard, as well as her spouse and partner Jonathan Dauphinais-Fortin, will therefore not be able to carry out their activities at least until the final decision of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ). Hearings are scheduled for September 25 through October 6. The two brokers could then be imposed a permanent suspension.
“The protection of the public as well as the seriousness of the alleged offenses dictated an urgent intervention and we are satisfied that the Discipline Committee agreed with the syndic’s arguments”, argued in a press release Caroline Champagne, Vice-President, Supervision of the OACIQ.
Ms. Girouard and Mr. Dauphinais-Fortin will no longer be able, in particular, to solicit clients, show properties or have brokerage contracts in force.
The “stratagem” that earned the two brokers what the Discipline Committee describes as an “exceptional measure” essentially consisted of filing “phony” promises to purchase with sellers, which encouraged buyers to improve their initial purchase offer.
As La Presse reported on May 17, in an article cited in evidence, this process notably earned a buyer from Repentigny a price increase of $40,000. The Discipline Committee’s decision is based on four examples for buildings, the addresses of which are not specified, where the two brokers allegedly made use of false promises to purchase, did not send the sellers a counter-proposal and did not confirm in writing a client’s desire to sell “without legal warranty”.
Two days after the publication in La Presse of a first article, on May 19, the Re/Max agency terminated its agreement with the two brokers. Their licenses were subject to an administrative suspension, which they challenged on May 23. The hearings on the request for provisional suspension took place on June 21 and 22.
In the decision, it is noted that Ms. Girouard did not present a defense and that she “deferred to the decision of the Committee”.
“The Respondent Girouard pleaded that there is no danger that the Respondent and Dauphinais-Fortin repeat the actions complained of since they were “burned” in the industry”, can we read.
The trustee, for his part, considered that the alleged offenses “undermine the raison d’être of the profession” and that they are “serious and serious reproaches”.
