Disturbing story in real estate: in dispute with their broker

Troubling real estate story: bickering with their broker

UPDATE DAY

Broker Anna Estephan, owner of a real estate agency bearing her name in Candiac, on the South Shore of Montreal, currently finds herself in the middle of a legal dispute over the sale of a property in Saint-Constant.

Estephan is suing two ex-clients, Simon Brouillard and his wife, to force them to sell their property to him. She claims she made them an offer of $720,000 to acquire the property herself.

Troubling real estate story: bickering with their broker

AnnaEstephan

Agence immobilière inc.
Candiac

The latter say they have obtained an independent appraisal giving a value of $1.033 million to the whole and refuse to go to the notary.

“We relied on her blindly. […] I always believed that a real estate agent had interests for his client, ”lamented Simon Brouillard, during a preliminary examination in November 2021.

The couple's land has a great value, because it is possible to build multi-unit buildings there, according to the procedures.

The two owners allege that they were deceived throughout the process of the sale of their property by Estephan. She would never have put their house up for sale on Centris, contrary to their wishes, and without their knowledge. She would have tried to buy the property herself at a price significantly below its real value, they allege. The commission she charged to sell the property was 10%.

 Disturbing Real Estate Story: Quarreling With Their Broker Disturbing Real Estate Story: Quarrel With Their Broker

CONFLICT OF INTEREST

“To obtain their signatures, Ms. Estephan, who enjoyed their trust, made them false representations,” it is alleged. Anna Estephan believes for her part that her former clients “had in their hands all the relevant and useful information in order to give free and informed consent to the promise to purchase, which they did”. She alleges that they were the ones who told her not to list the property on Centris.

When contacted, Simon Brouillard said he did not wish to comment on the dispute.

It should be noted that Ms. Estephan was targeted in July by six disciplinary heads from the syndic of the OACIQ. The syndic's complaint refers in particular to “conflict of interest” and “false representations”.

OTHER PROBLEMS

Estephan does not is not his first trouble with the OACIQ syndic.

In 2015, she was convicted of sending a formal notice to a seller who was her client to compel him to accept an offer to purchase a condo from another client. She was fined $1,000.

Then in 2019, she faced a new disciplinary complaint that she failed to ensure her clients understood their contracts. Their duration could exceed two years.

“In general, clients complain of having been tricked”, summarizes the decision.

She pleaded guilty and was sentenced in 2019 to a fine of $23,000. His agency was fined $2,000. On the phone, Ms. Estephan was very critical of the work of the OACIQ. 

“If there is really damage [for clients], there are civil courts”, she said. 

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