Flagrant conflict of interest: two brokers pinned by the court of the profession

Two real estate trainers from the Montreal Region lied to buyers to get rich at their expense. They even pushed the audacity to the point of demanding the contract to sell the condo of their victims with a generous commission.

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The brokers Myriam Marouani and Sirivanh Malichanh, of the Sutton group on the island, have hidden unfavorable information for their property for several months – and the obsolescence of the Cruise pool – that they sold under their brand.

They even completed the forms for buyers, who were not represented by a broker, and required to have the contract of sale of the condo of one of the buyers, paid with a commission of 4%.

After examining this case, the disciplinary committee of the self -regulation of Quebec Real Estate Broker (OACIQ) concluded that the two women “were in the conflict of flagrant interest and in pure and simple violation [de la Loi sur le courtage immobilier et ses règlements]».

During this spring hearings, the two brokers admitted to having lied. Their lawyer, me Marc Gaucher, however tried to convince the disciplinary committee that they were not in conflict of interest, arguing that as buyers were not the clients of the brokers, therefore the ethical code of the profession did not apply.

An argument that does not “hold water,” judged the disciplinary committee.

Indeed, the ethical obligations of brokers must be respected, even in a private transaction. “The relationship between a seller broker and a property buyer is not a hide-and-seek game,” said the decision.

“Not only do the respondents hide factors unfavorable to buyers to get rich, they add the insult to the insult by requiring the condo of [l’acheteur] To conclude the acceptance of the purchase promise, ”says the committee.

The two brokers will again be before the Oaciq discipline committee on September 17 for the hearing on sanction proposals.

Myriam Marouani and Sirivanh Malichanh are also the subject of a civil prosecution by the couple of buyers who was cheated. A five -day trial is scheduled for April 2026.

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