The disciplinary committee of the Self-Regulating Organism of Real Estate Brokerage of Quebec (OACIQ) has rendered a guilty decision against two brokers for having used bogus purchase offers in order to encourage bidding wars on properties — and thus increase their commission.
The licenses of Christine Girouard and Jonathan Dauphinais-Fortin, two real estate brokers from the Re/Max agency, were suspended last July by the disciplinary committee, since “the offenses committed were likely to compromise the protection of the public” . Re/Max terminated its agreement with the two brokers in May.
The evidence filed before the disciplinary committee demonstrated that, in the context of several real estate transactions, Mr.me Girouard asked his collaborator, Mr. Dauphinais-Fortin, to create false purchase promises which allowed him to follow up with buyers and invite them to increase their stake.
The disciplinary committee, “in view of the importance of the evidence and the repetition of the actions”, condemned the implementation of a fraudulent scheme.
Me Caroline Champagne, executive vice-president of the OACIQ, speaks of an “exemplary” decision.
“It reminds us of the importance, for a real estate broker, of never placing oneself in a conflict of interest,” she says. By choosing to use a fraudulent scheme for the benefit of their seller clients, Christine Girouard and Jonathan Dauphinais-Fortin not only led buyers to unduly pay more than they had planned for a property, but they greatly harmed the image and reputation of the entire profession. »
According to her, the decision of the disciplinary committee sends a clear message to real estate brokers who do not respect the rules.
This case was widely publicized last spring after a report by The Press.
Me Champagne reports that requests for assistance from the Real Estate Compensation Fund from buyers fearing that they too have been victims of a fraudulent scheme have since increased by 20%.
It remains to be determined what sanctions will be imposed on the two brokers.
Christine Girouard and Jonathan Dauphinais-Fortin could face fines of up to $50,000 per charge, suspension or even revocation of their licenses.