33-07-1045
Licence number
B1025
Broker's name
Le Bire, Michel
Decision
NOTICE OF SUSPENSION
OF THE LICENCE OF MR. MICHEL LE BIRE
File: 33-07-1045
NOTICE is hereby given that Mr. Michel Le Bire, former real estate broker (Licence No. B1025), whose establishment was located in Montréal, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, notably of the offences summarized below:
2nd count: On or around August 15, 2004, failing to make sure that a promise to purchase concerning an immovable was presented as soon as possible after receiving it, the whole contrary to section 78 of the By-Law of the ACAIQ.
3rd count: On or around August 24, 2004, presenting to the proposing buyer a counter-proposal as being the reply of the owner of the immovable concerned in the promise to purchase, whereas the Defendant knew that this counter-proposal had not been signed by this owner, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
4th count: On or around September 2, 2004, failing to mention on a promise to purchase concerning an immovable that the seller identified in this promise was not the owner of this immovable, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
5th count: During the months of August and September 2004, falsely attesting to the alleged signature of a seller who was not yet the owner on the following forms:
a) Counter-proposal;
b) Amendments and notice of fulfilment of conditions;
c) Promise to purchase;
d) Annex A;
e) Amendments and notice of fulfilment of conditions;
the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
6th count: During the months of August and September 2004, failing to send without delay to the real estate broker managing the establishment to which he was assigned: a) on or around August 15, 2004, a promise to purchase;
b) on or around September 2, 2004, a promise to purchase;
c) on or around September 10, 2004, an amendments form;
d) on or around September 27, 2004, a brokerage contract;
the whole contrary to section 147 of the By-Law of the ACAIQ.
7th count: In fall 2004, allowing a person, other than the seller who was not yet the owner, to sign in lieu and stead of the seller in the area reserved for the seller’s signature on a brokerage contract concerning an immovable, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ.
9th count: On or around October 2, 2006, hindering the work of an assistant syndic, failing to collaborate during an investigation conducted by him, concealing certain facts and making false statements, the whole contrary to section 127 of the Real Estate Brokerage Act and section 55 of the Rules of Professional Ethics of the ACAIQ.
On May 22, 2008, the Discipline Committee ordered a suspension of Mr. Michel Le Bire’s licence for a period of six (6) months on count No. 2 of the complaint, a suspension for a concurring period of six (6) months on count No. 3, a suspension for a consecutive period of three (3) months on count No. 4, a suspension for five concurring periods of three (3) months each on counts No. 5 a), b), c), d) and e), but consecutive to the suspension period ordered for the preceding counts, a suspension for four concurring periods of one (1) month each on counts No. 6 a), b), c) and d), but consecutive to the suspension period ordered for the preceding counts, a suspension for a consecutive period of three (3) months on count No. 7, and a suspension for two concurring periods of six (6) months each on counts No. 9 a) and b), but consecutive to the suspension period ordered for the preceding counts, The Committee also prohibited Mr. Michel Le Bire from applying for reinstatement or issuance of any category of certificate before the end of these suspension periods.
On July 2, 2010, the Court of Québec rejected the appeal of Discipline Committee’s decisions.
On 9 February 2012, the Court of Appeal also rejected the appeal and confirmed the decisions rendered by the Discipline Committee.
Given that Mr. Michel Le Bire is not a licence holder, the above restrictions periods of twenty-two (22) months are enforceable.
This notice is given in accordance with section 98.1 of the Real Estate Brokerage Act (R.S.Q., c. C-73.2) and section 33 of the Regulation respecting the issue of broker’s and agency licences (R.R.Q. c. C-73.2, r.3).
Brossard, February 28, 2012
Chantal Peltier
Discipline Committee Secretary
