A suspended or revoked licence bars the holder from practicing
A real estate broker whose licence is suspended or revoked is no longer authorized to practice his profession or carry out brokerage transactions. He must cease any real estate brokerage-related activity.
Examples of prohibited activities
- Being on call
- Referring clients in exchange for remuneration
- Soliciting
- Real estate advertising or representations
- Showing properties
- Qualifying clients
- Taking up brokerage contracts or having brokerage contracts in force
- Drafting or presenting promises to purchase
- Signing brokerage transaction documents
- Using the OACIQ brokerage forms
- Attending a building inspection
- Going to the notary’s
- Providing after-sales service
- Using a broker’s title or leading others to believe that he holds a valid licence, for all real estate or leasing brokerage activities
- Etc.
Effective on the suspension or revocation date
It is the agency executive officer’s responsibility to ensure that brokers acting on behalf of his agency have the required licence to do so. A lack of supervision in this regard will draw the executive officer’s responsibility. Therefore, upon receipt of the suspension notice, the agency and the broker must make sure to withdraw any publicity containing the name of the broker whose licence is suspended or revoked, including newspaper ads, brochures, websites, social media, signs and listings on any information listing service. A broker whose licence is suspended may not, in particular, be included in any advertising whatsoever or advertise himself as a member of a team, in any capacity.
Moreover, the agency must remove the broker whose licence is suspended or revoked from all current files and appoint a replacement. The agency to whom a brokerage contract has been entrusted must immediately notify the parties represented by the broker in writing that the broker is no longer authorized to act on its behalf and inform them of the name of the broker appointed to replace him. This notification must mention the parties’ right to continue doing business with the agency or to terminate the contract.
However, in the case where the broker whose licence is suspended or revoked was acting on his own behalf, the brokerage contracts are automatically terminated as of when his licence is suspended or revoked. The broker must send the termination notices to clients. If transactions are in progress, a replacement should also be suggested.
Read the article Notice – Agency or status change.
Remuneration
The agency has the right to pay remuneration directly to the broker who was authorized to act on its behalf for professional acts performed while holding a non-suspended licence. The broker must refer to his termination of employment agreement or to his hiring contract with his agency in this regard.
Reminders - How to leave the profession properly • Residential and commercial real estate brokerage
Notice of disclosure
The suspended – not revoked – licence holder is still subject to the Real Estate Brokerage Act and its regulations. He must also disclose his professional status according to the parameters indicated in the article entitled Duty to disclose the licence holder status of the broker involved in the transaction and the nature of his interest in the transaction.
Lifting of the suspension or issuance of the licence
The broker may apply to have his suspension lifted or licence issued by the OACIQ in order to regain his right to practice when the cause giving rise to this suspension no longer exist or he once again meets all of the conditions for issuance of the requested licence.
Consequences of an uncompleted Continuing Education Program
The OACIQ would like to remind you that licence holders who do not complete the current cycle of their Mandatory Continuing Education Program on time will have their licence suspended with consequences. In this case, prohibition to engage in broker activities will remain in effect until the holder of the suspended licence obtains the missing education units and the lifting of his licence suspension.
If you have any questions, please contact the information centre Info OACIQ.
