Moncton actual property agent who revoked his license says the senior’s home isn’t on the market
A Moncton real estate agent who was stripped of her license on charges of taking advantage of a vulnerable senior citizen says she was only trying to get him out of “pitiful” living conditions.
Tanya Hannah and her partner Maurice Poirier were recently found ineligible for licensing under the Real Estate Agents Act by the Financial and Consumer Services Commission, which regulates brokers in the province.
The attorney who prepared the legal papers when the senior sold his house to Hannah also faces sanctions, but from her own professional regulator.
The commission said Hannah and Poirier, who at the time owned Century 21 Absolute Realty Inc. of Moncton, had exploited the senior “outrageously and outrageously” and committed financial abuse against him. They deny the allegations made against them.
Hannah is now being sued by the trustee office trying to get back the money owed to Senior Emile Goguen.
The Public Trustee Office provides personal and financial guardianship services to New Brunswick seniors who need assistance due to a mental or physical impairment.
“Impossible to sell”
Goguen was referred to Hannah and Poirier when he decided to sell his property at 12 St. George Street.
In her defense statement, Hannah argued that the property was in deplorable condition and that tenants were drug users and not paying rent.
The building had to be repaired before it could be listed, and Goguen couldn’t afford it, the statement said.
Moncton real estate agents Tanya Hannah and Maurice Poirier have had their licenses revoked for at least a year but are now bringing charges against them. (Facebook)
Attempts have been made to remove the tenants, including contacting the RCMP, but it was found that the only way to evict them permanently was to sell the property to a third party immediately.
“However, given the condition of the property and the stigma attached to it, it would be nearly impossible to sell,” the statement said.
“The situation is gone [Goguen] in dire conditions, so that he continued to be intimidated and taken advantage of by the various tenants who occupied his property without his consent. ”
Bought at the customer’s request, says Agent
In search of a safe place to live, Goguen asked Hannah to buy his property. D.Despite being “uncomfortable” with the situation, Hannah and Poirier eventually agreed to the request, “believing that it would be in his best interests to be removed from such an environment.”
Hannah’s lawyer, Enrico Scichlione declined to comment on the lawsuit.
Chantal Landry, New Brunswick’s public trustee, said she was unable to comment on the current litigation.
She wouldn’t say if Goguen has a family or give details of his current whereabouts, but she described him as “well taken care of”.
Lawsuit Says Broker Owes Over $ 83K
None of the allegations in the statements of defense or defense were examined in court.
According to the lawsuit, Hannah closed a deal in 2013 to buy Goguen’s house for $ 238,000, about three-quarters of the list price of $ 324,900.
According to the Service New Brunswick database, the property was valued at $ 184,100 in 2014. Its value has remained roughly the same since then.
The statement said Goguen agreed to loan Hannah $ 100,000 in exchange for a note to buy the house and take out a $ 100,000 mortgage.
The deal also required Goguen to give Hannah a $ 138,000 home renovation loan. The remaining $ 100,000 was to be paid to Goguen in monthly installments of $ 1,000 with no interest added to his rent.
The claim is that Hannah never registered the mortgage.
The public trustee’s office is seeking $ 83,320 relief that Goguen is still entitled to.
Lawyer stands before the hearing
Jennifer Hébert, the attorney who prepared legal papers for Hannah and Poirier, could face a disciplinary hearing before her own professional regulator.
Hébert is the subject of a complaint filed on March 2 with the Law Society of New Brunswick regarding Goguen’s real estate transaction.
The complaint states that Hébert showed a lack of competence by allowing the senior to reach an agreement with Hannah to sell his house to Hannah.
Hannah, meanwhile, filed a third-party lawsuit against Hébert after receiving notice that she was being sued by the public trustee. A third party lawsuit is brought when a defendant wants to involve another party in a lawsuit.
Allegedly acted for all parties
In the lawsuit, Hannah says that Hébert acted for both Goguen and Hannah in the purchase and sale of the property.
The lawsuit states that Hébert had a conflict of interest and failed to provide her client with “careful, competent and conscientious quality of service” by drawing up the powers of attorney and will documents for Goguen, in which Poirier and Hannah named as executors and beneficiaries became.
Hannah declines all liability in this case and credits Hébert with all the losses that Goguen suffered for not taking steps to protect Goguen’s interests and to provide him with competent advice.
The claim also states that Hébert did not withdraw from the matter “if she knew or should have known” that she was in conflict.
Lawyer rejects allegations
In an email, Hébert said she denied the allegations in the third party lawsuit, pointing out that they were brought by Hannah rather than the public trustee’s office.
She also said she plans to defend the lawsuit before the bar association.
In a statement by her lawyer, Hébert said she was not complicit in the actions of Poirier and Hannah and was “disgusted by their alleged behavior”.
She went on to say that her legal work with the couple was “limited” and took instructions from Goguen directly.
“He gave no evidence of a disability,” said Hébert. “I haven’t seen him since.”
Under the Law Society Act, Hébert had 20 days to respond to the complaint or she would be presumed to admit the allegations.
Shirley MacLean, the bar association’s registrar, said she had no say in whether they had received a response.