Broker Jacinthe Dubé accused of conflict of interest

Jacinthe Dubé has been a real estate broker for over 40 years in the Sherbrooke region. She has sold nearly 6,000 properties and has received numerous awards. She has been recognized as one of the top brokers in Canada on several occasions. At the age of 71, she has not completed any transactions since the summer of 2023, when her brokerage license was suspended. The OACIQ cannot disclose the reasons for this suspension due to a publication ban on all medical information.

A publication ban also prevents the disclosure of the names of the complainants and witnesses involved. Ms. Dubé, who represented herself, disputes the accusations once morest her and maintains that she never prioritized the interests of a specific buyer over others.

According to her lawyer, Me Audrey Rousseau-Carrillo, Ms. Dubé had a buyer in mind from the beginning of the sales process and did not prioritize the interests of the sellers. Based on the evidence submitted and witness testimonies, Ms. Dubé also had François (fictitious name) visit the house before or simultaneously with the official marketing of the residence.

Furthermore, according to the complainant, an offer to purchase was made on the same day as François’ visit for $454,000, the exact amount requested by the buyers. However, the next day, another broker requested a visit for their clients, and an offer to purchase from them, worth $502,500, was submitted in the early evening.

According to the evidence provided by Mr. Rousseau-Carrillo, this offer was received at 6:49 p.m. About an hour later, the sellers received an increased offer from François for the sum of $502,500, precisely the same amount as the other offer. The sellers then proposed a counter-offer to François for the same amount.

According to Me Rousseau-Carrillo, the second buyer was not given a fair chance.

“It’s quite peculiar that the amount matches another offer to purchase,” she notes. “But by making a counter-offer, one might argue that the sellers chose that amount. This is why we’re shifting from a bonus to a counter-offer. In retrospect, we understand that it’s a way of concealing the infraction.”

The sellers then reviewed the two offers and decided to accept François’ offer, as it included a higher down payment and he appeared more financially secure.

“Just because buyers need to use CMHC financing doesn’t mean they shouldn’t be taken seriously,” the lawyer stated. “That’s not a valid reason to dismiss potential buyers, especially when they had a pre-authorization letter for $585,000.”

—  Audrey Rousseau-Carrillo

The prosecution also presented evidence that Ms. Dubé held a brokerage contract with François.

“By doing so, she favored her client’s interests and put her own interests forward by receiving the entire fee instead of sharing it with another broker,” says Me Rousseau-Carrillo. “Her real client was François, which is why she is in a conflict of interest.”

“I have never been dishonest”

Ms. Dubé insists that she has always prioritized the interests of the sellers.

“I didn’t do all this to please a buyer, and I was never dishonest,” said Ms. Dubé, who was repeatedly reminded of proper decorum by the committee chair. “You claim that I prioritized a buyer’s interests, but I believe I defended the seller’s interests because I had no evidence that the other buyers had the necessary funds to purchase. I wanted to protect the sellers so they might complete a sale. François’ offer was much stronger.”

The committee will take the matter under consideration and provide its decision in writing. Ms. Dubé’s file already contains three other disciplinary notices. Notably, she was fined in 1998 for failing to present an offer to purchase to a couple, denying them fair treatment.

Veteran Sherbrooke Broker Faces Disciplinary Action Over Alleged Conflict of Interest

Jacinthe Dubé, a seasoned real estate broker with over 40 years of experience in the Sherbrooke region, is facing disciplinary action from the OACIQ (Organisme d’autoréglementation du courtage immobilier du Québec) for alleged ethical violations. Dubé, known for her impressive track record of nearly 6,000 property sales and numerous awards, including recognition as one of Canada’s top brokers, has had her brokerage license suspended since the summer of 2023. The OACIQ, citing a non-publication order on all medical information, has declined to disclose the specific reasons behind the suspension.

The OACIQ’s investigation into Dubé’s conduct stems from a complaint alleging that she prioritized the interests of a specific buyer, François (fictitious name), over those of the sellers in a property transaction. The details of the case, including the names of the complainants and witnesses, remain under a publication ban.

Dubé Disputes Allegations, Citing Seller Protection

Dubé, who represented herself during the disciplinary hearing, denies the accusations and maintains that she always acted in the best interests of the sellers. According to Dubé, she had concerns regarding the financial stability of other potential buyers and believed that François’ offer, with a higher down payment and a strong financial profile, provided the best chance for a successful sale and minimized risk for the sellers.

However, the OACIQ’s legal representative, Me Audrey Rousseau-Carrillo, presented evidence suggesting that Dubé had a pre-existing relationship with François and prioritized his interests throughout the sales process. This evidence included a brokerage contract linking Dubé to François, which, according to Rousseau-Carrillo, indicated a conflict of interest as it benefited Dubé financially by allowing her to keep the entire commission instead of sharing it with another broker.

Timeline of Events Raises Concerns About Fairness

The timeline of events presented by Rousseau-Carrillo highlights several key points that raise questions regarding the fairness of the transaction:

• François visited the property before or concurrently with the official marketing launch, suggesting preferential treatment.
• An offer to purchase was submitted by François on the same day as his visit, at the exact price requested by the seller – $454,000.
• The next day, a separate offer from another broker, for a higher amount ($502,500), was submitted.
• Within an hour of the second offer being received, François’ offer was increased to match the higher amount.
• The sellers subsequently made a counter-offer to François for the same amount, effectively excluding the second potential buyer.

Rousseau-Carrillo Expresses Concern About Missed Opportunity

“It is concerning that the higher offer from François, matching the second offer exactly, was made so quickly following the second offer was received,” said Rousseau-Carrillo. “It raises the question of whether the sellers were truly given a fair opportunity to consider both offers objectively.

Dubé Rebuts Accusation of Dishonesty, Emphasizes Seller Protection

Dubé stands by her actions, stating that she was motivated by a desire to protect the sellers from a potentially financially unstable buyer. “I never acted dishonestly,” she said. “My priority was to ensure a smooth sale and guarantee the sellers’ security. I didn’t have sufficient confidence in the other buyers’ financial capabilities, and François’ offer was significantly stronger.

The committee hearing the case will now take the matter under advisement and render a written decision. This is not the first time Dubé has faced disciplinary action. In 1998, she was fined for failing to transmit an offer to purchase to a couple, resulting in unfair treatment. The current case underscores the importance of brokers adhering to ethical standards and ensuring fair treatment for all parties involved in real estate transactions.