33-06-0970
33-07-1038

Licence number

C8690

Broker's name

Coté, Gérard

Decision

LICENCE REVOCATION NOTICE

Files: 33-06-0970 and 33-07-1038

NOTICE is hereby given that Gérard Côté, former real estate broker, licence No. C8690, whose establishment was located in Laval, has been found guilty by the OACIQ Discipline Committee of the offences summarized below:

Concerning the complaint number 33-06-0970

Count 1: Between on or around November 15, 2004 and on or around December 21, 2005, in connection with 12 acquisitions, committed acts that are derogatory to the honour and dignity of the profession, participated in real estate acts or practices that may be illegal or may harm the public or the profession, advised and encouraged a party to the transaction to commit an act that the defendant knew that it was illegal or fraudulent, notably in the process of steps taken to obtain a financing on the basis of false documents.

Count 2: On a date subsequent to May 7, 2005, concerning an immovable, did not exercise his profession with prudence, diligence and competence and committed real estate acts that may be illegal or may harm the public or the profession, notably by signing the buyer’s name, in lieu thereof, on a promise to purchase, Annex AA and Annex AG and falsely attesting to that signature as a witness.

Count 3: On a date subsequent to May 7, 2005, concerning an immovable, did not act with integrity, committed acts that are derogatory to the honour and dignity of the profession, participated in real estate acts or practices that may be illegal or may harm the public or the profession, notably by modifying the acceptance period and the signature dates of the parties and the acknowledgement of receipt date specified in a promise to purchase and its Annex AA.

Count 4: On or around September 21, 2005, committed acts that are derogatory to the honour and dignity of the profession, participated in real estate acts or practices that may be illegal or may harm the public or the profession, notably by falsely indicating in a promise to purchase concerning an immovable that a third party acted as a representative of the buyer’s real estate broker designated in that promise. 

Count 5: On or around October 19, 2006, impeded the work of the assistant syndic, did not collaborate during the investigation conducted by the latter and made false declarations.

Concerning the complaint number 33-07-1038

Count 1: Between on or around November 10, 2004 and on or around July 4, 2006, concerning 6 acquisitions, committed acts that are derogatory to the honour and dignity of the profession, participated in real estate acts or practices that may be illegal or may harm the public or the profession, advised and encouraged a party to the transaction to commit an act that the defendant knew that it was illegal or fraudulent, notably in the process of steps taken to obtain a financing on the basis of false documents.

Count 2: On or around October 22, 2005, did not exercise his profession with prudence, diligence and competence and committed real estate acts that may be illegal or may harm the public or the profession, notably by testifying to a buyer’s signature on a promise to purchase and an annex concerning an immovable, while he was not present when these signatures were affixed.

Count 3: During 2004 to 2007, committed acts that are derogatory to the honour and dignity of the profession, participated in real estate acts or practices that can may illegal or may harm the public or the profession, notably by abusing the trust of a buyer regarding the following events:

In fall 2004, by establishing a trust relationship with this buyer in order to lead him to buy an immovable, even without the buyer visiting in advance that immovable and while he knew or should have known that the buyer did not have the financial capacity to make this acquisition;

Following its acquisition in December 2004, by taking over the administration of the immovable and neglecting to make an adequate report of it.

Around May or June 2006, by telling that buyer that he had enlisted the services of a lawyer to save time with a financial institution that had financed this acquisition, financial institution whose loan was in default;

During spring 2007, by failing to return the calls of this buyer.

On May 3, 2016, the Discipline Committee ordered the permanent revocation of Gérard Côté's licence No. C8690 with a permanent prohibition to apply for a new licence.

This notice is given in accordance with section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q., c. C-73.2, r.3).

Brossard, May 7, 2016

Renée Dionne
Discipline Committee Secretary