33-06-0988

Licence number

C2768

Broker's name

Cliche, Éric

Decision

Notice of suspension of the certificate
of Mr. Éric Cliche

File: 33-06-0988

NOTICE is hereby given that Mr. Éric Cliche, chartered real estate agent (Certificate No. C2768), formerly employed by or authorized to act on behalf of Les Immeubles Mondow, chartered real estate broker (Certificate No. C2767), whose establishment was located at 533 Algonquin St. in Montréal, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

1st count: Between March 3, 2005 and October 10, 2006, with respect to a condominium project to be built or being built, participating in an act in real estate matters which may be illegal or which may cause prejudice to the public or to the profession and allowing a company in which he is the majority shareholder to pursue the activity or use the title of real estate broker whereas said company was not the holder of a real estate broker’s certificate issued by the ACAIQ, namely:

a) on March 3, 2005, by signing on behalf of this company an agreement with the promoters of the condominium project to be built or being built, giving him exclusive rights to the sale of said condominium units and setting down the terms and conditions concerning compensation;

b) by selling said condominium units on behalf of this company, whereas his chartered real estate agent certificate is tied to a real estate brokerage firm carrying out its activities under the name of Les immeubles Mondow;

the whole contrary to section 3 of the Real Estate Brokerage Act and section 13 of the Rules of Professional Ethics of the ACAIQ.

2nd count: Between March 22, 2005 and October 10, 2006, with respect to a condominium project to be built or being built, receiving compensation from a person other than the holder of a chartered real estate broker’s certificate who employed him or authorized him to act on his behalf, i.e. Les immeubles Mondow, namely by receiving directly or indirectly from said condominium project, through a company in which he is the majority shareholder, compensation in the amount of $126,202.29, the whole contrary to section 72, sub-section 2 of the By-Law of the ACAIQ.

3rd count: On or around April 5, 2006, with respect to a condominium project to be built or being built, failing to indicate in any soliciting of clients or representations relating to the carrying on of the activity of real estate broker referred to in section 1 of the Act, including on his business card as given to a promising buyer, the following particulars:

a) the category of real estate agent’s certificate that he holds;

b) the name of the natural person holding a chartered real estate broker’s certificate that employs him or on whose behalf he is authorized to act;

c) the telephone number of the place of business to which he is assigned;

the whole contrary to section 104 (3) of the By-Law of the ACAIQ.

4th count: Between November 4, 2005 and September 18, 2006, with respect to a condominium project to be built or being built, failing to practice his profession with prudence and diligence and participating in an act in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, namely by:

receiving sums of money and other securities on behalf of others within the context of his professional practice and not ensuring that the sums thus received were deposited in a trust account;

the whole contrary to section 11 of the Real Estate Brokerage Act and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

And regarding counts 5 to 15, the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ:

With respect to a condominium project to be built or being built, failing to demonstrate integrity, participating in an act in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, wrongfully appropriating sums of money and other securities held on behalf of others or using sums of money and other securities for purposes other than that for which they had been entrusted to him within the context of his professional practice and/or abusing the trust of the promoters of said condominium project and of promising buyers, namely:

5th count: On or around November 4, 2005, by requesting that a cheque in the amount of $5,000, received for others in the performance of his duties and referred to in a preliminary contract, be made out to his company and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

6th count: On or around March 21, 2006, by receiving a cheque made out to his company in the amount of $5,000 and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

7th count: On or around March 30, 2006, by receiving a bank draft made out to his company in the amount of $4,500 and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said bank draft in a bank account opened in his company’s name;

8th count: On or around April 5, 2006, by requesting that a cheque in the amount of $5,000, received for others in the performance of his duties and referred to in a preliminary contract, be made out to his company and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

9th count: On or around April 5, 2006, by receiving a cheque made out to his company in the amount of $5,000 and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

10th count: On or around April 21, 2006, by receiving a bank draft made out to his company in the amount of $5,000 and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said bank draft in a bank account opened in his company’s name;

11th count: On or around May 18, 2006, by receiving a cheque made out to his company in the amount of 7 500 $ and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

12th count: On or around June 8, 2006, by endorsing a cheque made out to “cash” in the amount of $1,000 and received for others in the performance of his duties;

13th count: On or around June 22, 2006, by requesting that a cheque in the amount of $5,000, received for others in the performance of his duties and referred to in a preliminary contract, be made out to his company and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

14th count: On or around August 21, 2006, by receiving a cheque made out to his company in the amount of $6,000 and referred to as deposit in a preliminary contract and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name;

15th count: On or around September 18, 2006, by requesting that a cheque in the amount of $6,000, received for others in the performance of his duties and referred to in a preliminary contract, be made out to his company and then by depositing or by authorizing the deposit of said cheque in a bank account opened in his company’s name.

16th count: As of mid-November 2006, hindering the work of and failing to cooperate during an investigation conducted by an assistant syndic, namely:

a) following various messages from the assistant syndic to make an appointment, by telling the assistant syndic that he had no intention of meeting with him;

b) by failing to obey a subpoena duces tecum issued by the said assistant syndic, in accordance with the powers vested in him under the Act respecting Public Inquiry, asking him to report to 6300 Auteuil St. in Brossard on December 8, 2006 at 1:00 p.m., to tell everything he knew concerning the said condominium project and to turn over various documents related to the is project;

the whole contrary to section 117 of the Real Estate Brokerage Act and section 54 of the Rules of Professional Ethics of the ACAIQ.

On December 19, 2006 the Discipline Committee ordered a permanent suspension of Mr. Éric Cliche’s certificate on these counts of the complaint and ordered a provisional enforcement of the decision, appeal notwithstanding.

The decision of the Discipline Committee is therefore enforceable as of the date of notification to the defendant. The permanent suspension of M. Éric Cliche’s chartered real estate agent certificate is therefore effective as of December 20, 2006.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, December 20, 2006

Chantal Peltier
Discipline Committee Secretary