33-12-1488
Licence number
E4821
Broker's name
Antoine, Guivard
Decision
NOTICE OF SUSPENSION
OF MR. GUIVARD ANTOINE’S LICENCE
File: 33-12-1488
NOTICE is hereby given that Mr. Guivard Antoine, former real estate broker (licence no. E4821), whose establishment was located in Montreal, 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: Between on or around April 20, 2008 and on or around May 9, 2008, concerning an immovable, allowed a person other than the prospective buyer to sign, without authorization, in lieu of the latter:
a) the Promise to purchase, in the “Signature of buyer 1” section;
b) the Annex A – Immovable, in the “Signature of buyer 1” section;
c) the Counter-proposal, in the “Signature of respondent 1” section;
d) the Counter-proposal, in the “Signature of respondent 1” section;
e) the Amendments and notice of fulfilment of conditions form, in the “Signature 1” section, thus committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ;
2nd count: As of or around April 20, 2008, concerning an immovable, did not send immediately to the Manager of the establishment to which he was assigned the information and documents required for the maintenance, by the chartered real estate broker’s certificate holder employing him or for whom he is authorized to act, of records, books and registers namely:
a) the Promise to purchase;
b) the Annex A – Immovable;
c) the Annex B – Residential immovable;
d) the Counter-proposal;
e) the Counter-proposal;
f) the Amendments and notice of fulfilment of conditions form, thus committing, on each of these occasions, an offence under section 147 of the By-laws of the Association des courtiers et agents immobiliers du Québec;
3rd count: During the months of March and April 2009, concerning an immovable, the defendant:
a) asked the real estate agent to complete a brokerage contract indicating in particular the annual rental income;
b) led the real estate agent to believe that he had obtained the signature of the owners of the immovable in this brokerage contract;
f) led the real estate agent to believe that he was going to get or that he had obtained the signature of the owners of the immovable in the Amendments and notice of fulfilment of conditions form, while he knew that the information and signatures above were false, thus committing, on each of these occasions, an offence under section 13 of the Rules of Professional Ethics of the ACAIQ.
On December 20, 2013, the Discipline Committee ordered the suspension of Mr. Guivard Antoine’s real estate broker’s licence (licence no. E4821) for a period of ninety (90) days following the expiry of the appeal period regarding counts no. 1 and 2 of the formal complaint, and a permanent suspension of Mr. Guivard Antoine’s real estate broker’s licence (licence no. E4821) on count no. 3 of the formal complaint as of January 6, 2014.
Given that Mr. Guivard Antoine is no longer a licence holder, his licence will be suspended whenever he 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, February 6, 2014
Renée Dionne
Discipline Committee Secretary
