Two real estate brokers who wanted to get rich at the expense of a couple of buyers, as revealed The press In 2024, were recognized as guilty by the court of their profession.
There is no doubt about the disciplinary committee of the Quebec Immobilian Courter Autreglementation Organization (OACIQ). The two brokers, Myriam Marouani and Sirivanh Malichanh of the Sutton group on the island, hiddenly hidden unfavorable information about their property and the obsolescence of the Cruise pool, “since they were in the conflict of flagrant interest and in pure and simple violation of [la Loi sur le courtage immobilier et ses règlements] ».
“I feel so happy,” says Caroline of the Becquets on the phone, the buyer cheated by the two brokers.
Photo Martin Chamberland, La Presse Archives
Caroline of the Becquets and Marc Gagné
“For almost five years, I have felt like David against Goliath, but I have persevered,” she continues. It is a relief and it feels good to see that I am not the only one who does not find it normal, which the brokers have done, that it is lie. »»
Five years of lies
The story dates back to 2020 and took five years before arriving.
The couple of buyers, Caroline des Becquets and Marc Gagné, now separated, had had a love at first sight for the property of freshly renovated Brossard belonging to the two real estate travelers.
Throughout the purchasing process, Myriam Marouani and Sirivanh Malichanh were reassuring about cracks and traces of water infiltration, which worried buyers. However, shortly after having moved, the couple had to face a series of problems of structure and infiltration of water both in the house and in the concrete -created swimming pool.
Upon sale of their property on Centris by representing themselves, the real estate brokers concealed their disturbing pre-specific report dating from 2017, which reported cracks to the walls of the foundation and water infiltration indices in the basement.
As for the crafted swimming pool, which seemed in good condition at first glance, the brokers did not write in the declaration of the seller that it required important work.
Last April, during the audiences, Myriam Marouani and Sirivanh Malichanh immediately admitted to having lied.
A blatant conflict of interest, concludes the court
However their lawyer, me Marc Gaucher, tried to convince the disciplinary committee that they were not in conflict of interest by selling their own property with their brand, by filling out the forms for buyers, who were not represented by a broker, and also by demanding the sales contract of the Buyer Marc Gagné Condo with a commission of 4 %.
Me Gaucher argued that buyers were not the customers of the real estate brokers and that, consequently, the ethical code of the profession did not apply.
The committee rejected this argument with jurisprudence and regulation.
“The theory of” the absence of customers “advanced in defense does not hold water,” wrote the committee in its decision published on July 7.
He underlines in his argument that the ethical obligations of the brokers must be respected even in a private transaction and especially that “the relationship between a broker-seller and a property buyer is not a game of hide and seek”.
“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 [Marc] Won to conclude that the promise of purchase is accepted, ”says the committee.
“In other words, while they are aware of unfavorable factors, they just want to continue to get rich at the expense of buyers. In doing so, the respondents once again place themselves in a situation where they prefer their interests to those of buyers, “conclude the members of the committee, Me Daniel M. Fabien, Vice-President, Denyse Marchand, Immobilière Courtière, and Mélissa Côté, Immobilière.
A long legal journey that continues
“I understand why there are people who are going to drop, because it is a long difficult journey,” says Caroline of the Becquets, who paid for her health and her couple.
Anyone can be surrounded! We are not helpless people, we are a doctor and teacher, it can happen to everyone.
Caroline des Becquets, buyer waken by the two brokers
It remains to be seen now what the civil court will conclude. A five -day trial against the two real estate brokers is scheduled for April 2026. There is also the Real estate brokerage compensation fund (FICI) which must again decide, the first request having been rejected.
Regarding stuffed, a professional liability insurance fund, buyers are not covered, because the brokers were sold A house they owned.
On September 17, the Oaciq disciplinary committee will hear the sanction proposals for Myriam Marouani and Sirivanh Malichanh.
Read our file “thunderbolt at nightmare”
