A real estate agent allegedly “upset” a beneficiary who had to pay back nearly $35,000 in fees and interest to a private lender after purchasing a modest home north of Montreal.
Marie-Yolène Derosin was ordered by a judge in May to pay nearly $60,000 to a private lending company to which her broker, Harry Mansuy, referred her, according to a court statement.
“She was tricked by a clever orator who told her everything,” Supreme Court Justice Daniel Bourgeois ruled in the case.
The loan was intended to be used to finance the down payment for the purchase of a house in Montreal North in 2020, the company’s president, Sylvia Gagnon, explained in court.
The lender, a numbered entity, only lent $25,000, but including interest and fees, the amount owed rose to nearly $60,000 in 2023.
In court, Ms. Derosin explained that she never understood what she was signing when she borrowed that amount with her co-buyer Samuel Casimir.
Rather, she said she believes she owes money to her real estate agent, Harry Mansuy. She also paid him $28,000.
“I am a victim of it. […] I’m really disappointed,” she said.
Very seriously
Ms. Derosin’s statement caused shock to Judge Bourgeois, who more than once questioned the behavior of the broker Mansuy in this case.
The judge particularly questioned the validity of the payments made by Ms Derosin to Mr Mansuy.
“I suggest that you stop paying Mr. Mansuy any money,” he said.
“What Madame says is so serious. […] If there is actual embezzlement or suspected fraud, the SPVM must investigate to prevent it[il y ait] other victims,” he continued.
Broker Harry Mansuy, who was present in the room, tried to explain himself, but the judge refused to hear him because he was not accused in the dispute.
Harru Mansuy, a real estate agent, was involved in a financial affair with Marie-Yolène Derosin that went wrong. Photo credit: Photo taken by Centris. Photo taken by Centris
However, in a letter later made available to court records, he blamed a notary involved in the transaction, Me Jean J. Brossard.
“It was the Brossard notary who held the reins in this case from start to finish and was at the center of the discussions between the parties, the signatures and the commitments made,” he assures.
He also mentions a supposed balance of the sale price that would have been due and asserts that Ms. Derosin owes him money. When our investigative agency contacted him, he also said that it was not he who referred his client to the private lender.
Ms. Derosin testified before the judge that of the $28,000 paid, she donated $6,000 in cash and another part in the form of bank transfers, without it being clear why these amounts were paid out .
According to the beneficiary, these payments were made at the request of the broker.
Simple story
Jean J. Brossard, the now-retired notary who conducted the transaction, was contacted by our investigative agency and denied wrongdoing.
“The story is simple. He put the money in his pockets, Mr. Mansuy, instead of paying the loan [au prêteur privé]. She was deceived [Mme Derosin] “, he commented. He denied that there was any sales price adjustment in this transaction.
- According to the license holder register of the Organisme d’autoréglementation du courtageimmobilier du Québec (OACIQ), Harry Mansuy has already been subject to two disciplinary decisions.
- In 2016, his driver’s license was revoked for 90 days and he was fined $8,000. The sanctions related, among other things, to allegations of non-compliance with obligations and incitement to provide false information.
- In 2019, his driver’s license was suspended for 30 days and he agreed to pay $10,000 to a client’s guardian. He had lent money to this customer and thereby entered into a conflict of interest.
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