False Purchase Promises | New complaint against star broker Christine Girouard

A new disciplinary complaint involving nine buildings has been filed against the star of the show by the Organisme d’autoréglementation du courtageimmobilier du Québec (OACIQ). Numbers 1 in Casa, Christine Girouard. The revelations were made during a sanctions hearing during which the OACIQ sought a lifetime deregistration for Mme Girouard and his partner.

The new complaint against Christine Girouard was filed based on requests for public assistance received over the past few months. The alleged events occurred before the investigation was made public Press in May 2023 because M has a license to practiceme Girouard was subsequently suspended.

According to the OACIQ, the real estate agent again implemented tricks to generate higher offers for six buildings, in addition to catching real estate agents representing buyers by asking them to raise their bid in a fictitious higher offer for those six buildings and three others.

These transactions took place during the period of bidding wars, in 2021 and 2022.

Mme Girouard will have to answer to the 13 charges in the fall of 2024, during lengthy 13-day hearings scheduled for October and November.

What penalties for a broker couple?

The OACIQ hearing on the sanctions to be taken against Christine Girouard and her partner Jonathan Dauphinais-Fortin took place this Monday in Brossard. The organization’s disciplinary panel concluded in January last year that the two brokers had orchestrated a scheme of false promises to buy to create overbids, a scheme uncovered Press a year ago1.

Both brokers participated in the oral argument via video conference, as they are currently busy with the birth of their first baby.

OACIQ lawyer Isabelle Martel called for the brokers’ licenses to be suspended for life without the possibility of one day being able to practice the profession again “because they are impregnable,” she explained.

For Jonathan Dauphinais-Fortin, the attorney adds a $100,000 fine. In the case of Mme Girouard believes that a fine commensurate with the alleged acts is necessary, i.e. $50,000 for the charge and $10,000 for the defect in the legal warranty of quality. The total amount is $260,000, a historic fine.

It was Brigitte Le Pailleur who received the heaviest fine handed down to a real estate agent last year. She had to pay $150,000, which works out to $50,000 for the charge2.

“Gravity demands that we ask for the total amount,” said M.E Martel, explaining that there was now a before and after of the Girouard affair and that public confidence in the confidentiality of purchase promises was being called into question.

Too harsh, the defense says

On the defense side, these sanctions are too high and unjustified.

“It is obvious to us that we want to punish the respondents. To me, adding fines of this nature to a revocation or suspension, whether permanent or not, ensures that we want to punish and achieve the goal of punishing the respondents,” argued Mr.E Martin Courville, who reminded the members of the disciplinary commission that the purpose of sanctions is not to punish the guilty, but to ensure the protection of the public and to deter brokers from recidivism.

According to ME Courville, lifetime deregistrations and heavy fines are generally given to professionals who are already retired or just a few years past retirement, as was the case of broker Brigitte Le Pailleur, and not to young brokers like his clients.

“The sanction that will enable you to fulfill your mission is the one we offer you,” he assured, enumerating a long list of cases of removal without penalty during his plea.

In this sense, the committee wanted to convince that Mme Girouard was to be suspended for 10 years and Mr. Dauphinais-Fortin for 5 years.

“Ten years is a long time, it’s not trivial,” said ME Courville, specifying that the fact that his clients have asked him to invoke such sanctions is proof that they are aware of the seriousness of their actions.

Committee Chairman Pierre R. Sicotte, in turn, revealed the dangers of giving a “candy sentence.” “The result is that the public risks not being protected because people will say: this is just a sanction,” he added.

What will the penalties be? The decision will be made in June because, according to him, the president of the disciplinary commission is absent for a month.

1. Read the article “Broker Christine Girouard and her husband found guilty”

2. Read the article “Historic fine for broker Brigitte Le Pailleur”

Source link

Leave a Comment