Real Estate Broker Sells Home to Spouse and Earns Commission: A Unique Case Study

A real estate broker in Vaudreuil-Dorion, Jacques Laplante, has been fined $6,000 for unethical practices during a property sale involving his partner. This disciplinary action, issued by the OACIQ, stems from a 2015 incident where Laplante’s agency sold a property significantly below market value, despite a conflict of interest. He must also attend a training session on ethical practices, with a suspension of his broker license if he fails to comply.

Realtor Fined for Unethical Practices in Property Sale

A real estate broker, who owns a RE/MAX agency located in Vaudreuil-Dorion, has recently faced disciplinary action for unethical behavior related to a property sale involving his partner. This ruling comes nearly a decade after the initial incident and highlights serious violations in the real estate profession.

The disciplinary committee of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) issued a decision against broker Jacques Laplante on November 4. Laplante acknowledged his wrongdoing and plead guilty to the charges brought against him.

Details of the Case and the Broker’s Actions

The troubling events trace back to March 2015 when a client entrusted Laplante’s RE/MAX Royal Jordan J.L. agency with the sale of a property in Salaberry-de-Valleyfield. The agreed listing price was set at $399,000, with a commission of 6% intended to be shared with any buyer’s broker involved.

However, four months later, on July 16, 2015, a purchase agreement was drawn up by broker Marie-Lynn André, Laplante’s daughter, for only $280,000—representing a significant 30% reduction from the market price. Notably, André disclosed that her client was not only her mother but also Laplante’s common-law partner since 1991, and they had married in 2006.

Despite this conflict of interest being disclosed, the RE/MAX agency processed the sale and allocated a 6% commission on the final sale price to both Laplante as the seller’s broker and his wife as the buyer’s broker. This effectively resulted in Laplante receiving a pre-tax commission of $16,800. It is important to note that his daughter, who assisted in the transaction, did not receive any commission as she was considered an employee on a fixed salary.

The disciplinary committee condemned Laplante’s actions as unethical, stating that they posed a risk to both public trust and the integrity of the real estate profession. The committee found that Laplante had clearly violated Article 23 of the Regulation on the Conditions of Exercising a Brokerage Operation, which pertains to broker ethics and advertising standards.

As punishment for his actions, Jacques Laplante has been ordered to pay a fine of $6,000 and participate in a three-hour training session titled “Conflicts of Interest and Dual Representation: The Broker’s Obligation to Act with Full Transparency,” organized by the OACIQ. Should he fail to comply, his right to practice as a real estate broker will be suspended.

Latest