A turf war at RE/MAX forces a real estate broker to remove the name “RE/MAX” from her pink resurfacer in Outaouais.
Published yesterday at 8:00 a.m.
To stand out in a highly competitive industry, Gatineau real estate broker Mélanie Séguin had the idea of having a zamboni in her image.
The flamboyant pink electric resurfacer with its photo, its name, its real estate broker title and the famous RE/MAX ball does not go unnoticed at the Slush Puppie Center during the matches of the local maritime junior hockey team, the Gatineau Olympics .
PHOTO SIMON SÉGUIN-BERTRAND, THE LAW
The flamboyant pink electric resurfacer does not go unnoticed at the Slush Puppie Center, home of the Gatineau Olympics.
The real estate broker signed a $100,000 contract for 10 years in 2021 with the Gatineau Olympics while she was part of RE/MAX Vision in Gatineau. In May 2024, she left this agency to go to RE/MAX Direct, also located in Gatineau.
RE/MAX Québec sent RE/MAX Direct two invoices for $1,000 fines for out-of-territory advertising.
However, the real estate broker did not violate the Real Estate Brokerage Act and its regulations, because the notion of “territory” is absent from the law.
The Professional Association of Real Estate Brokers of Quebec (APCIQ) did not want to comment on this question of territory for advertising within brands.
An internal regulation
Contacted by The PressRE/MAX Québec explained that this notion of territory is part of an internal regulation.
« RE/MAX Québec grants franchises on a territorial basis, a framework established since the arrival of the brand in Quebec in 1982. In order to ensure harmonious cohabitation between franchises, certain rules have been put in place, particularly in terms of “self-promotion in public spaces outside the territory,” specifies Marie-Ève Gélinas, marketing director of RE/MAX Québec.
This rule regarding advertising for real estate brokers based on territory does not seem to be the standard in the industry, according to what has been observed The Press.
“Royal LePage does not have internal regulations regarding advertising and territories, but the company regularly educates its brokers and agencies about the appropriate use of the brand and compliance with the advertising rules prescribed by the Self-Regulatory Organization of the real estate brokerage of Quebec (OACIQ),” says Roseline Joyal-Guillot, marketing and communications director at Royal LePage.
At Sutton, “there are rules at the franchisee territory level which prevent another franchisee from advertising in a territory that is not theirs, but this territory rule does not exist for the advertising of a broker real estate,” explains Julie Gaucher, president of the Sutton Quebec Group.
“Proprio Direct does not impose any geographic restrictions on its brokers with regard to advertising. Proprio Direct brokers are free to cover the territory of their choice without restriction on our part,” says Guylène Lominy, vice-president of real estate operations and agency manager at Proprio Direct.
For her part, the senior marketing and communications director at Via Capitale, Julie Touchette, affirms that “at Via Capitale, there is no internal rule prohibiting a broker from displaying advertising, but they must respect the advertising rules established by the OACIQ and act in compliance with the code of ethics.
Contacted about this sharing of territory between the different RE/MAX agencies, the Competition Bureau indicates that it cannot comment on the situation and is required by law to carry out its work confidentially. “The Bureau encourages anyone who has information or suspects a person or company to be engaged in anti-competitive practices to report it to us,” says John Power, senior communications advisor, media relations, at the Competition Bureau.
In response to a complaint
RE/MAX Québec also explained to The Press that internal regulations are applied based on complaints received. If a star broker displays his advertising outside his territory, he can leave it in place as long as there are no complaints against him.
“When a written complaint regarding a broker’s advertising is made, RE/MAX Québec intervenes to resolve the dispute and, if necessary, plays a mediator role between the franchisees. In the event of a persistent failure following a request to comply, sanctions may be imposed,” says Marie-Ève Gélinas, marketing director of RE/MAX Québec.
Asked about an advertising poster at Montreal-Trudeau airport by star broker Georges Bardagi, RE/MAX Québec explains that it is a particular sector.
If she does not want to be fired, Mélanie Séguin must have the RE/MAX balloon removed from the zamboni, although she is still within RE/MAX, as well as any mention indicating that she is a real estate broker, and this, while continuing to pay the remaining $70,000 of the advertising contract that binds it to the Gatineau Olympics.
