33-11-1370
Licence number
D5039
Broker's name
Joinville, Jude
Decision
NOTICE OF SUSPENSION
OF MR. JUDE JOINVILLE’S LICENCE
File: 33-11-1370
NOTICE is hereby given that Mr. Jude Joinville, former real estate broker (licence no. D5039), whose establishment is located in Repentigny, 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: As of or around May 2008, concerning an immovable, while he was one of the owners of the immovable, led the prospective buyer to believe that:
a) he would cover all the expenses related to the immovable for the first year following its acquisition; or
b) he would find him a tenant or, if not, occupy the said immovable personally for the first year following its acquisition;
c) he would give him the sum of $5,000 upon purchase;
d) he would give him the sum of $5,000 upon resale of the immovable;
and this in order to convince him to buy the said immovable, thus committing, on each of these occasions, an offence under section 5 of the Rules of Professional Ethics of the ACAIQ.
2nd count: During or around June 2008, on the occasion of steps taken to obtain a financing for the acquisition of an immovable, sent or allowed someone to send to the lending institution information or documents concerning the borrower, he knew or should have known to be false, the whole contrary to section 11 of the Rules of Professional Ethics of the ACAIQ.
3rd count: Concerning an immovable, did not avoid placing himself in a conflict of interest situation:
b) at an unknown date, but probably as of or around May 2008, by getting involved in a financing application of the prospective buyer for the acquisition of the immovable;
thus committing an offence under section 5 of the Rules of Professional Ethics of the ACAIQ.
4th count: Concerning an immovable, failing:
a) prior to the signing of the “Promise to purchase – Immovable” form by the prospective buyer on or around May 20, 2008, to disclose without delay and in writing his quality as real estate agent and his direct interest in the immovable, according to the terms and conditions set out under section 81 of the ACAIQ By-Laws;
b) as of or around May 20, 2008, to send as soon as possible to the Association des courtiers et agents immobiliers du Québec a copy of the written notice of disclosure and the “Promise to purchase – Immovable” form;
thus committing an offence under section 22 of the Real Estate Brokerage Act for count no. 4 a) and an offence under section 23 of the Real Estate Brokerage Act for count no. 4 b).
On March 11, 2013, the Discipline Committee ordered a suspension of Mr. Jude Joinville's real estate broker’s licence (D5039) for a period of twelve (12) months on count no. 1, a suspension period of six (6) months on count no. 2 and a suspension period of two (2) months on count no. 3 b). These periods shall be served as of the expiry of the appeals deadline if the defendant is the holder of a licence issued by the OACIQ or, if not, whenever he becomes a licence holder again. In addition, the Committee ordered that the suspension periods on counts no. 1 and 3 b) be served concurrently with each other and that on count no. 2 be served consecutively to suspension periods on counts no. 1 and 3 b).
Given that Mr. Jude Joinville is no longer a licence holder, his licence will be suspended for a period of eighteen (18) months whenever he becomes a licence holder again.
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-73-2, r-3).
Brossard, April 15, 2013
Renée Dionne
Discipline Committee Secretary
