Monique Plamondon (photo taken in 2017) died on 4 January last, at the age of 87 years.
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June 19, 2020 19h17
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The case of the brokerage contract is signed in a hospital bed continues
Guillaume Mazoyer
The Sun
The estate of Monique Plamondon, an octogenarian of Quebec who died in January, says she is the victim of a malicious prosecution on the part of Remax 1st choice, the business of selling real estate with which the owner-old had been a dispute.
The court battle between Monique Plamondon and Remax 1st choice continues, through his or her estate. Grouped around a photo of the deceased, in a wooded area of the avenue René-Lévesque West, Robert, Brigitte and Louis Plamondon announced this Friday morning on the filing of an action for malicious prosecution in superior Court against Remax 1st choice. Filed earlier this week, the appeal of the estate is claiming the reimbursement of court costs and moral damages and exemplary, for a total of$200,000.
Monique Plamondon died on 4 January last, at the age of 87 years. She was the first woman senior public servant in Quebec, as well as a prolific writer. In her vows, she specifically asked that her family continue the fight legal. Its little cousins, which Louis, his caregiver, took over.
A termination of a contract that turns out badly
It all starts in 2017 when Monique Plamondon, suffering from severe diabetes, is approached by Serge Pineault, real estate broker, when she is hospitalized at the Hospital of the Holy Sacrament. The broker applies for the purpose of selling his house. Mrs. Plamondon was put in contact with the agent by John Bergeron, a long-time friend and a volunteer, who takes care of her especially in her travels. Jean Bergeron does not wish that she returns to live alone in her house of 11 rooms. In an interview to the Sun in 2018, iI, assured not to have put pressure on Monique Plamondon.
On June 1, 2017, Serge Pineault signed to Mrs. Plamondon a contract for the sale of his house, fixed at 419 000$ with a commission of 6%. The octogenarian said that they felt stress and expresses it as soon regrets. They made a call to his little cousin Louis Plamondon, a lawyer and sociologist, retired from the University of Montreal, notably known for his involvement in the Association québécoise de défense des droits des personnes retraitées et préretraitées, to terminate the contract. Thing he does from 5 June 2017 by contacting Serge Pineault and signing a document.
Convinced to have terminated the contract, Louis, and his brother Robert, sold them without through the house, to an amount of$ 250,000, a year later. On August 16, 2018, Monique Plamondon receives a notice of Remax 1st choice, considering that it would have contravened the obligation to offer for sale his house by the broker through Serge Pineault. Remax 1st choice, then asks for the payment of the commission of 6%, indexed to the sale price of the contract (419 000$), rather than on the actual amount of the sale at$250,000.
The two parties went to court to settle their dispute. Last February, the judge Hélène Carrier of the Court of Québec confirmed the validity of the termination of the contract by Monique Plamondon and his / her caregiver. The decision, however, has not retained the character of “abusive” of the complaint of Remax 1st choice. “For us it was a victory, it was thought that this would be completed,” said Louis Plamondon.
Remax 1st choice, has initiated a defamation suit against the lady, 87-year-old and his little cousin, for a sum of 465 000$. The complaint accuses the family of its interventions in the media, including the quoted comments in the Sun regarding his situation.
“David against Goliath”
This action and the amount requested by Remax 1st choice causes a lot of insecurity in the family Plamondon. “They are continuing with a lady who has bequeathed to us a heritage of$ 70,000, said Louis Plamondon. Yet they had not appealed the first decision of the court. My daughter who lives in Australia called me, crying, because of the risk of being ruined. It is abuse and harassment”, he says.
In an email received on Friday, Remax 1st choice, writes have no statement to make. “(…) we turn to the facts of the claim in libel dated November 21, 2019, available at the registry civil in the Palace of justice of Quebec. We will let justice take its course. “
The family court continued ” unacceptable “. “One has the impression of living a fight of David against Goliath,” says Louis Plamondon. It creates a context of threat, and it is shameful. “
Folder for and disciplinary record
Serge Pineault is the subject of a disciplinary complaint filed by the assistant syndic of the self-regulatory Organisation for real estate brokerage in Quebec (OACIQ), in connection with these actions in the case of Monique Plamondon. The complaint alleged that the broker would not have respected the right of his client and that he would then not collaborated in the survey launched for this purpose by the trustee’s deputy in 2019. The hearing, which was to be held this Monday, June 22, has been postponed to a later date.
The dealer Serge Pineault has already been the subject of disciplinary proceedings in 2009. The discipline committee of the association des courtiers et agents immobiliers du Québec was then convicted Mr. Pineault of two counts of discipline leveled against him. Its certificate of accredited real estate agent had been suspended for a period of 30 days and it was recommended to follow a course of 45 hours on the laws and regulations of the business as a condition of renewal of his certificate.
