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33-08-1131

Licence number

D4678

Broker's name

Garneau, Samuel

Decision

CLARIFICATION CONCERNING THE REFERENCE TO THE BROKER IN SUSPENSION NOTICES

Please note that the reference to the broker who employs the suspended member or authorizes him to act is not in any way meant to suggest that the member was employed by or authorized to act on behalf of this broker when he committed the offences of which he was found guilty.

The Real Estate Brokerage Act and the regulations thereunder require that the notice of suspension of certificate refer to the member’s place of business at the time of the suspension or, failing that, his last place of business. This “place of business” is the office of the broker who employs him or authorizes him to act or, failing that, the last broker that employed him or authorized him to act. The purpose of this measure is to protect the public and allow it to properly identify the member whose certificate is suspended.


Notice of suspension of the certificate
of Mr. Samuel Garneau


File: 33-08-1131

NOTICE is hereby given that Mr. Samuel Garneau, affiliated real estate agent (Certificate No. D4678), formerly employed by or authorized to act on behalf of Immobilier Média Inc., chartered real estate broker (Certificate No. A2330), whose establishment was formerly located at 98, boul. Thériault, 3e étage, in Rivière-du-Loup, 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: On or around July 10, 2007, while an agent of the broker designated on the brokerage contract concerning an immovable, offering to purchase, with another real estate agent, this immovable from the bankruptcy trustee for the sum of twenty-five thousand dollars ($25,000), without informing the trustee that he knew this agent had identified a buyer prepared to pay the sum of one hundred thousand dollars (100 000 $) for this immovable, thus violating sections 1, 5, 13, 24 and 26 of the Rules of Professional Ethics of the ACAIQ.

2nd count: With another real estate agent from the same office, contemporarily with the signing of the following promises to purchases, instigated by them, agreeing with the sellers designated on these promises to receive the difference between the selling price indicated on these promises and a lower price:

a) a private promise to purchase dated June 6, 2006 from a promising buyer concerning an immovable;

b) a private promise to purchase dated July 1, 2007 from a promising buyer concerning an immovable; and

c) a private promise to purchase dated October 4, 2007 from a promising buyer concerning an immovable;

thus violating, in each instance, sections 1, 5, 13 and 36 of the Rules of Professional Ethics of the ACAIQ.

3rd count: On or around January 9, 2007, with another real estate agent, agreeing with two promising buyers to sell an immovable for an approximate price of sixty-seven thousand five hundred dollars ($67,500), without informing the buyers beforehand that they intended to purchase this immovable for the sum of twenty-seven thousand five hundred dollars ($27,500) under an agreement dated December 18, 2006, thus violating sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

4th count: On or around August 1, 2007, with another real estate agent from the same office, agreeing with a promising buyer to sell an immovable to him for a price of one hundred and three thousand dollars ($103,000), without informing the buyer beforehand that to this end, they intended to purchase this immovable for a fraction of this price, thus violating sections 1, 5 and 13 of the Rules of Professional Ethics of the ACAIQ.

5th count: During the years 2005, 2006 and 2007, for the purpose of obtaining mortgage financing, encouraging, with another real estate agent from the same office, the fabrication and use of falsified documents (false letters of donations, false leases, false collateral to the promises of purchase) and participating in various schemes aimed at artificially enhancing the financial profile of the buyers in eight acquisitions;

thus violating, in each instance listed in the above paragraphs, sections 1, 13 and 35 of the Rules of Professional Ethics of the ACAIQ.

6th count: During the years 2005, 2006 and 2007, with another real estate agent from the same office, misrepresenting to prospective buyers in fifteen acquisitions that they would easily be able to resell these immovables quickly at a good profit, and that they had even already identified buyers to this effect;

thus violating, in each instance listed in the above paragraphs, sections 1, 13, 22 and 26 of the Rules of Professional Ethics of the ACAIQ.

7th count: Between September 27 and on or around October 10, 2007, with another real estate agent from the same office, agreeing to pay and paying three thousand dollars ($3,000) to a promising buyer for his collaboration in the purchase of an immovable by his father, thus violating sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

On February 5, 2010, the Discipline Committee ordered a suspension of Mr. Samuel Garneau’s certificate for a period of two (2) years on count No. 1 of the complaint; a suspension for a consecutive period of one (1) year on each of counts Nos. 2 a), 2 b) and 2 c), concurrent with one another; a suspension for a consecutive period of two (2) years on count No. 3; a suspension for a consecutive period of two (2) years on count No. 4; a suspension for a consecutive period of two (2) years on each of the 8 paragraphs of counts No. 5, concurrent with one another; a suspension for a consecutive period of two (2) years on each of the 15 paragraphs of counts No. 6, concurrent with one another; and a consecutive suspension for a period of one (1) year on count No. 7.

The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. March 12, 2010. The suspension of Mr. Samuel Garneau’s affiliated real estate agent’s certificate is therefore effective as of March 12, 2010 for a period of twelve (12) years.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1) and section 156 of the Professional Code (R.S.Q., c. C-26).

Brossard, March 12, 2010

Chantal Peltier
Discipline Committee Secretary