C-73.2 - Real Estate Brokerage Act

Section 124 Disposition versions

2020-05-01

124. Any person who

(1)  contravenes section 2.1, or

(2)  without holding the licence required by law, in any manner whatsoever, enters into a real estate brokerage contract, claims to have the right to enter into such a contract, or acts in such a way as to lead others to believe that the person is authorized to enter into such a contract, subject to sections 2 and 3 and to special authorizations granted by the Organization,

is guilty of an offence.

For the purposes of subparagraph 2 of the first paragraph, if the prosecuting party proves that the defendant was a party to a real estate brokerage contract as an intermediary, the defendant is presumed to have bound himself, herself or itself in exchange for remuneration.

2008, c. 9, s. 124; 2018, c. 23, s. 477.

2018-07-13

124. Any person who

(1)  contravenes section 2.1, or

(2)  without holding the licence required by law, in any manner whatsoever, enters into a real estate brokerage contract, claims to have the right to enter into such a contract, or acts in such a way as to lead others to believe that the person is authorized to enter into such a contract, subject to sections 2 and 3 and to special authorizations granted by the Organization,

is guilty of an offence.

For the purposes of subparagraph 2 of the first paragraph, if the prosecuting party proves that the defendant was a party to a real estate brokerage contract as an intermediary, the defendant is presumed to have bound himself, herself or itself in exchange for remuneration.

2008, c. 9, s. 124; 2018, c. 23, s. 477.

Until 30 April 2020,

section 124, amended by section 477, is to be read as if

i. “, engages in a brokerage transaction relating to a loan secured by immovable hypothec” were inserted after “real estate brokerage contract” in the first paragraph;

ii. “or engaged in a brokerage transaction relating to a loan secured by immovable hypothec” were inserted after “as an intermediary” in the second paragraph.

S.Q. 2018, c. 23, s. 486.

2010-05-01

124. Subject to sections 2 and 3 and to special authorizations granted by the Organization, any person who does not hold the licence required under this Act and in any manner claims to be a broker or an agency, uses a title that may lead others to believe that the person is a broker or an agency, engages in the activities of a broker or an agency, claims to have the right to engage in such activities or acts in such a way as to lead others to believe that the person is authorized to engage in such activities is guilty of an offence.

For the purposes of the first paragraph, if the prosecuting party proves that the defendant engaged in a brokerage transaction described in section 1, the transaction is deemed to have been engaged in in exchange for remuneration.

2008, c. 9, s. 124.