In a decision that creates a precedent, the OACIQ disciplinary committee concluded that real estate broker Christine Girouard, star of the show Numbers 1 in Casa, and his spouse, also a broker, Jonathan Dauphinais-Fortin, indeed orchestrated a stratagem of bogus purchase promises to create overbidding.
The disciplinary committee of the Organisme d’autoréglementation du courtage régional du Québec (OACIQ) did not believe the two brokers’ version of the facts, which noted “numerous contradictions or inaccuracies in their testimony.”
After analyzing the documents, facts and testimony heard in September and October 2023, the committee rules that the evidence is “clear” and “eloquent”, indicates the decision.
Christine Girouard is guilty of all counts on four buildings and Jonathan Dauphinais-Fortin of all counts on two buildings.
It was following the publication of the investigation by The Press on the bogus purchase promises in May 2023 that the OACIQ initiated proceedings against the two offending real estate brokers.
False offers with the help of loved ones
In the midst of a real estate bidding war during the pandemic, Christine Girouard and Jonathan Dauphinais-Fortin used the same fraudulent stratagem during the sale of two properties in Repentigny as Mme Girouard had under contract.
In the first case mentioned before the committee, Jonathan Dauphinais-Fortin presented a bogus promise to purchase in the name of his girlfriend at the time and in a second case, in the name of “a long-time friend”. These two bogus purchase promises were never given to his RE/MAX D’ICI agency as required by procedure.
The “Decision on Guilt” specifies that these bogus promises had “no chance of being accepted by the sellers” because of the low price offered versus the excitement of the real estate market, the absence of a visit to the said property, the date of taking possession of the buyer different from that provided for in the contract and the absence of bank pre-authorization.
The committee relies in particular on the testimony of the broker’s ex-girlfriend, who says she regrets his action, to determine that he knew that his offer was bogus. “Despite a lot of hesitation, she finally decided to sign the promise to purchase, because Mr. Fortin represented to her that her offer would have no chance of being accepted and to buy peace with him. »
Discussed at length during the hearings in the fall of 2023, the term “phony” is defined in the disciplinary committee document which explains that “the promise to purchase is a so-called “phony” in that it is not made only to create an illusion of competition. »
“In fact, this “bogus” offer achieved its objective since buyers enhanced their promise to purchase due to the existence of the latter,” specifies the committee. They knew that another offer had been made, but did not know the price, as required by law.
In the two cases presented during the hearings, the buyers improved their offer. For the first property, the buyer had to pay $40,000 more for their house. For the second, the sellers refused the improved offer.
The committee has decided: a broker cannot lie
To try to sell one of the properties she had under contract, Christine Girouard not only used a bogus promise to purchase, but also a lie, violating the Real Estate Brokerage Act.
After receiving an offer of $607,000 for a house priced at $549,700, Christine Girouard “tried through her false statements to obtain an improvement in their offer by representing that they had received several promises to purchase, including one made by a Montreal broker, involving a price higher than theirs. »
Christine Girouard even goes so far as to tell the broker that she would prefer to do business with her, because she is in the sector.
“However, it appears that this “so-called” best offer does not exist and that the promise to purchase submitted by the broker’s clients […] in the amount of $607,000, was already the best offer she had received for this property,” indicates the disciplinary committee document.
In a third case revealed by The Press in May 2023, Christine Girouard fell asleep during a negotiation and did not send in time a document signed by her buyers to set a purchase price at $692,500. Rather than confess the situation to her clients, she made them believe that the sellers wanted more money and they had to pay $7,500. It was during the inspection that M’s customersme Girouard were made aware of the situation. The broker finally reimbursed them by having them sign a non-disclosure document.
“It is not the respondent’s error in missing the deadline for the return of the document that is in question, but rather the respondent’s false statements to its customers as to the real reason for this price increase », specifies the decision.
In a fourth transaction examined by the disciplinary committee, Christine Girouard was found guilty of having attempted to exclude the legal guarantee of quality after the acceptance of a promise to purchase and of having threatened the buyers’ broker that his client would not go to the notary to sign the deed of sale if the legal guarantee of quality was not excluded.
Hearings to determine sanctions will be held on a date that has not yet been released. Christine Girouard and Jonathan Dauphinais-Fortin risk fines of up to $50,000 per charge, suspension or even revocation of their licenses.