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33-09-1234

Licence number

C7929

Broker's name

Fortuna, Élyse

Decision

NOTICE OF SUSPENSION OF
MS. ÉLYSE FORTUNA’S LICENCE

File: 33-09-1234

NOTICE is hereby given that Élyse Fortuna, former real estate broker (Licence No. C7929), whose establishment was located in Laval, has notably been found guilty by the Discipline Committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) of the offences summarized below:

1st count: On or around September 8, 2005, concerning an immovable, drafted and sent to a real estate agent a letter falsely stating that a mortgage financing application in favour of the buyer had been approved, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

2nd count: On or around September 14, 2005, in the course of steps undertaken to obtain a financing for the acquisition of an immovable, sent to the financial institution financial information regarding the buyer, while she did not obtain this information from the buyer and failed or neglected to confirm the accuracy of this information by the latter, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

3rd count: On or around September 16, 2005, in the course of steps undertaken to obtain a financing for the acquisition of an immovable, sent to a real estate agent an incomplete mortgage approval, leading others to believe that it is an unconditional and final approval, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

4th count: Between on or around September 2005 and on or around October 2005, concerning the financing application for an immovable, did not immediately send to the manager of the establishment to which she was assigned the information and documents necessary for maintaining records, books and registers, i.e. the documents she had in her possession, the whole contrary to section 147 of the ACAIQ’s By-Laws; 

5th count: On or around September 16, 2005, concerning an immovable, drafted and signed a letter falsely stating that a mortgage financing application in favour of the buyer had been approved, the whole contrary to section 13 of the Rules of Professional Ethics of the ACAIQ;

6th count: Between on or around August 2005 and on or around November 2005, concerning the financing application for an immovable, did not immediately send to the manager of the establishment to which she was assigned the information and documents necessary for maintaining records, books and registers, i.e. the documents she had in her possession, the whole contrary to section 147 of the ACAIQ’s By-Laws;

7th count: On three occasions, in the course of steps undertaken to obtain a financing for the acquisition of an immovable, sent to financial institutions false documents and/or inaccurate information about borrowers, while she had not obtained this information from the borrowers and failed or neglected to confirm the accuracy of the information by these borrowers or by the alleged issuers of said documents, committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ;

8th count: Between on or around August 2005 and on or around February 2006, concerning the financing application for an immovable, did not immediately send to the manager of the establishment to which she was assigned the information and documents necessary for maintaining records, books and registers, i.e. the documents she had in her possession, the whole contrary to section 147 of the ACAIQ’s By-Laws;

9th count: On or around October 5, 2005, concerning the obtainment of a mortgage financing for an immovable, during a meeting with the financial institution representative, has appropriated, without the authorization and knowledge of the latter, a notice of assessment for 2004 that was in the defendant’s name, and that she had provided to the representative of the said financial institution in support of the borrower’s financing application, the whole contrary to section 1 of the Rules of Professional Ethics of the ACAIQ;

10th count: On or around February 15, 2008, concerning the obtainment of a mortgage financing for an immovable, made a false declaration during an investigation conducted by the assistant syndic when she stated that she did not meet the representative of the financial institution, the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ;

13th count: Between on or around September 2005 and on or around October 2005, concerning the financing application for an immovable, did not immediately send to the manager of the establishment to which she was assigned the information and documents necessary for maintaining records, books and registers, i.e. the documents she had in her possession, the whole contrary to section 147 of the ACAIQ’s By-Laws;

On September 3, 2014, the Discipline Committee ordered the permanent suspension of Élyse Fortuna’s real estate broker’s licence (Licence No. C7929) on counts Nos. 1 to 10 and 13 of the formal complaint.

Given that Élyse Fortuna is no longer a licence holder, her licence permanent suspension will be served whenever she becomes a licence holder again.

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, September 11, 2014

Renée Dionne
Discipline Committee Secretary