April 2020 by Real Estate Magazine (REM)

Issue #370

April 2020

Andrew Cimerman Canada Post Publications Mail Agreement No. 42218523 - Return undeliverable Canadian addresses to 2255B Queen St. E., #1178, Toronto ON M4E 1G3

To celebrate HomeLife’s 35th year, he’s giving it a ‘killer’ makeover Page 10

Raising the bar on real estate photography Page 3

Berkshire Hathaway HomeServices comes to Canada Page 4

Lessons from the baseball cheating scandal Page 8

The Price is Right Unlock in-depth and exclusive local market insights with the MLS® Home Price Index (HPI) and validate your comparative market analysis with confidence. Learn more at CREA.ca/HPI. The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA.

REM APRIL 2020 3

Raising the bar on real estate photography It’s not exactly a newsflash that photography plays a powerful role in promoting your listings and your business. Yet for real estate professionals, the expectations have ramped up. By Connie Jeske Crane

n Vancouver, Suzanne Rushton is a highly rated photographer with a passion to “raise the bar for real estate photography.” Recently, Rushton says a Realtor friend of hers was having problems selling a property. As a next step, “He had it staged professionally and then had me come to take photographs.” In short order, says Rushton, that once-stagnant listing flew off the market, $50,000 over asking to boot. “So there’s an actual case that shows that staging matters, and photography matters.” It’s not exactly a newsflash that along with staging, photography plays a powerful role in promoting your listings and your business. Yet for real estate professionals, the expectations have ramped up twofold. First you need to keep up with all the trends and then decide how and where to best focus your time and money. To get a sense of photography trends and best practices today, we talked to Rushton and successful Canadian Realtors in two of Canada’s largest cities. Here’s their advice: Understand the “why”: The digital revolution has only made

photography more vital, Realtors told us. We know, for example, that for most buyers going online is an integral part of their property searches. As a result, the role of visuals has morphed. Rather than simply documenting a home’s features, photos must grab the attention of buyers as they scroll. In Montreal, Catherine Dawe, a broker with Keller Williams Urbain, agrees, stressing that professional photography is a must for property listings: “Visuals are the No. 1 way that you’re going to get people interested. That’s what we get paid for.” And there’s also evidence to suggest good photos can speed up your sales cycle. One study by the National Association of Realtors Center for Realtor Development found homes with high-quality photography sell 32 per cent faster. But the final reason for investing in visuals is the great chance to convey your brand – and sell yourself. To online browsers, Rushton says, “The quality of the photos that the Realtor gets says more about the quality of the Realtor than about the property.” Strategies for standing out:

A study by the National Association of Realtors Center for Realtor Development found homes with high-quality photography sell 32 per cent faster. (Photo: Suzanne Rushton)

How to stand out? Salespeople looking to make a mark face stiff competition. “We’re all used to seeing visuals and the bar has been raised. Every year it seems to get higher,” says Rushton.

In Toronto, Melanie Wright, broker and owner at the Wright Sisters Group, says choosing a professional, engaged photographer whose style you like is a great start. Sounds simple but surprisingly,

Wright says she sees more salesperson smartphone shots than you’d think. “It’s sad for me to see a nice property get listed and they’re iPhone photos that the agent took at 8 p.m.” To elevate your listings, Rushton says, “You don’t have to get a full set of images for everything – for a smaller property or on a fixed budget. But I do think it’s worth getting at least a few really Continued on page 4

Catherine Dawe

Melanie Wright, broker and owner at the Wright Sisters Group, says choosing a professional, engaged photographer whose style you like is a great start. (Photo courtesy Melanie Wright)

Melanie Wright

Suzanne Rushton (Photo: Alison Wandzura, Soulfire Studios)

4 REM APRIL 2020

Berkshire Hathaway HomeServices expands to Toronto B

erkshire Hathaway HomeServices, a U.S.-based real estate brokerage franchise network with more than 50,000 agents and nearly 1,500 offices throughout the U.S., Europe and the Middle East, is coming to Canada. Toronto-based Blue Elephant Realty will officially join the network on March 18, operating as Berkshire Hathaway HomeServices Toronto Living Realty. The luxury residential brokerage was founded in 2015 by Blair Johnson and Mark Wadden, who along with Stephanie Newlands are the principals of the company. Berkshire Hathaway HomeServices owns more than 40 real estate brokerage brands in the United States, including Long & Foster, Wood Bros Realty and Huff Realty. It also owns mortgage and insurance companies. It is a subsidiary of Berkshire Hathaway Inc., which owns 63 companies including such well-known brands as Duracell, Geico, Heinz, Kraft, Dairy Queen and Fruit of the Loom. Its CEO is billionaire Warren Buffett. “Establishing a franchise pres-

Raising the bar Continued from page 3

good photos that draw people in.” With bigger listings, Wright also advises asking the photographer to take any extra shots that might raise offers. If a property has public lane access, for example, Wright might ask for some shots of the garage area “so people can see they could create laneway housing.” For physically outstanding properties, Wright adds aerial photography. “For example, we’ve had two lakefront properties in the Beach, and in both of those situations we used drone footage.” When it comes to higher-end listings, salespeople might pay for HDR (High Dynamic Range) digital images, twilight photography or arrange Matterport photogra-

ence in Canada has been a major focus of our network’s global expansion,” says Gino Blefari, chairman of Berkshire Hathaway HomeServices, in a news release. “To that end, we are delighted to have innovative market leaders like Blair, Mark and their team join the Berkshire Hathaway HomeServices network and we look forward to supporting their continued growth.” Johnson, president and broker of record of the company, says one of the reasons why Berkshire was attracted to Blue Elephant Realty is “because we have a very modern company, a very modern approach to things. We think we are the best-kept secret in real estate because (although) we are a little independent, we act like a big company. “If you want to be a high-service brokerage, which we are, you better do a lot of things for your Realtor. They can go and get technologies elsewhere – what they need from the brokerage is really great training and really great support and they want you to do some stuff for them.” That “stuff” includes social media advertising, website design

and CRM implementation, says Johnson. “It’s not just that we have the tools, it’s that we actually do the work for you,” he says. “I think that’s what’s really going to be unique about what we offer. I don’t think there is anyone who will compete with us.” Wadden, the CEO, says the brokerage had been involved in merger talks with another brokerage for about a year, but when an opportunity came up to talk to Berkshire, they flew to the company’s California headquarters and after four days, decided to make the move. “We carved out a very big territory for ourselves – basically all of the GTA – so we have a lot of work to do,” Wadden told REM. “We are in acquisition and partnership mode.” He says one of the company’s focuses will be on working with large teams and high gross-commission teams. “We are looking to make big moves within our territory,” says Johnson. “We are looking for people who want to want to be partners – maybe they are currently Realtors but they want something more than that – they want a

phy to create 3D walkthroughs and schematic floor plans. Dawe says, “I had a photographer come in with a Matterport camera, and from that you can pull stills. It also takes all the measurements for me so that I don’t have to spend my time doing that.” Video: Video is increasingly popular for property listings and social media. Dawe says, “I will put together all of that stuff because some people like videos, some like to look at stills… These days, you really need to cover a whole gamut of different kinds of media.” While she generally uses photographers for full videos, Wright says sometimes she’ll also shoot on-the-fly 30-second “coming soon” videos with her smartphone. “But we would never shoot a video just with the iPhone. We have a mic, we have a diva light…to make it

somewhat professional.” Lifestyle photography: Another trend Wright sees is lifestyle photography and listing photos that include close-up shots of little details. “It’s zooming in on a beautiful marble countertop with a bowl of fruit, so using different images just to set yourself apart, that’s something we’re starting to see more and we’re integrating into our marketing.” At the very top end, Wright also sees a lifestyles-of-the-richand-famous trend crossing over from luxury U.S. markets into Canada. “It’s not unheard of for them to use models and horses and have luxury vehicles, Porsches and Mercedes, pulling up… It would be pretty rare for us to do that but if I had a luxury property I wanted to promote, that’s something I would definitely look at,

Mark Wadden, CEO; Stephanie Newlands, senior VP of sales; and Blair Johnson, president of Berkshire Hathaway HomeServices Toronto Living Realty.

legacy. Those are the type of people we want to reach out to us.” “We are excited about this next stage in our evolution as industry leaders,” says Newlands, senior VP of sales, in a news release. “By joining the Berkshire Hathaway HomeServices network, which carries the name of one of the world’s most respected companies, we will have the capabilities for providing our clients with an unparalleled level of resources and personalized services.” depending on what my sellers wanted.” Injecting personality: Influenced by social media, Rushton sees real estate professionals revealing more of themselves, their team, personal interests and community life into their visuals and digital marketing. Head shots of real estate teams for digital platforms, she says, should be updated at least every five years and express personality. “But also have some lifestyles shots in there – ‘I have a dog. I drink coffee. I’m interviewing a client. I’m immersed in the city!’…People like to know that,” says Rushton, “because we all do business with people as opposed to companies.” Putting together a lifestyle shoot doesn’t have to be complicated, she says. “Hire a photographer for an hour or two with your

Wadden has a background in medical emergency response, including a vice president role in an air ambulance operation and 14-year career as a critical care helicopter paramedic. He was born in Cape Breton and has lived in Toronto for 10 years. Johnson is from Toronto. He built and sold his own successful small business. His career in real estate started out with him investing in his own properties. Newlands began her career in pre- construction sales. REM team or by yourself, have it planned. It’s almost like a dating profile to be honest, but it’s not. Take your dog to the park, get some shots. This is content you can use for the next several months.” On the horizon: Ultimately, the key to success for Realtors seems to involve creativity, trying new things – trying lots of things – and being open to whatever can help them serve clients better. As for what’s next, the industry is getting ready for virtual reality. Dawe says, “One other trend that Keller Williams has been talking about for a few years now is virtual visits, where people don’t even have to leave their living room – they can put on their VR glasses and visit a house… We’re not there yet. But that’s where REM we’re going.”

If you truly do what is best for people, success will follow. Dan Wojcik, Alex Elieff CENTURY 21 B.J. Roth Realty Ltd. | Barrie, ON

In this business, you get what you put into it. If you can provide quality service, people will want to keep coming back to you. Gavin Heintz CENTURY 21 Advantage Red Deer, AB

There’s always a solution to every problem—have a positive mindset and nothing will get in your way. Samantha Katouzian CENTURY 21 Atria Realty Inc. Richmond Hill, ON

When you reach out to your network, provide added value if you are sharing information. Christina Giuffre CENTURY 21 Bamber Realty Ltd. | Calgary, AB

T H I S I S H O W C 2 1 R E A LT O R S ® D E L I V E R T H E

#GOLDSTANDARD Join the gold standard in real estate. 1.800.446.8737 | Century21franchise.ca | Century21careers.ca | C21tech.ca Independently Owned and Operated. ®†TM† trademarks owned by Century 21 Real Estate used under license or authorized sub-license. © 2020 Century 21 Canada Limited Partnership. Century 21 Canada Limited Partnership currently has franchise opportunities available in select markets across Canada. The intent of this communication is for informational purposes only and is not intended to be a solicitation to anyone under contract with another real estate brokerage organization. CENTURY 21® is a registered trademark owned by Century 21 Real Estate LLC, used under license. The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by the Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. Used under license.

6 REM APRIL 2020

Multiple Listings By Jim Adair, REM Editor

Do you have news to share with Canada’s real estate community? Let REM know about it! Email: jim@remonline.com Valley. He will work with the managing brokers in the area, Kevin O’Toole and Ruth Hanson. Based in Vancouver, Morrison brings 30 years of real estate experience. He is currently a director of

the British Columbia Real Estate Association and was recently named as president-elect of BCREA. “Dan Morrison is an accomplished leader and possesses leadership qualities that will drive Sotheby’s International Realty Canada to prosper in the new decade with a special focus on strategic planning, agent productivity and growth,” says Don Kottick, president and CEO of Sotheby’s International Realty Canada. ■ ■ ■

Dan Morrison

Marie Kozak

Brian Rosen

Cover photo: ELIJAH SHARK

Shae Invidiata

Marie Kozak has been appointed regional director for the Greater Toronto Area by Exit Realty Corp. International. Kozak has more than 25 years of real estate business development experience, including serving as director of new agent development with Re/Max Hallmark, team leader for Keller Williams’ first luxury inter-

national office in Canada and as a luxury specialist with Chestnut Park Real Estate. Exit says Kozak has more than 2,000 “front-of-theroom hours” as a sales and personal development coach. “Possessing an in-depth understanding of recruitment, retention, the sales process and the essential systems of success coupled with the psychology of sales and human performance, Marie will assist Exit Realty in surpassing our growth and development goals for franchise sales in the Greater Toronto Area,” says Steve Morris, founder and chairman of Exit Realty. ■ ■ ■

Colliers International recently announced that Brian Rosen, currently COO, Canada, will succeed David Bowden as president and CEO, Canada, effective March 31. Bowden will transition to a new role as CEO, Colliers Real Estate Strategy &

Joanne Hamblin

Anne Tanner

Consulting, reporting to Rosen. In his new position, Bowden will integrate Colliers’ existing consulting practices into a national Real Estate Strategy & Consulting entity, the company says. Rosen joined Colliers last year. “He brings a wealth of senior leadership experience from roles including Canadian country lead in a related industry and corporate strategist,” the company says. He will be based in Toronto. ■ ■ ■

Joanne Hamblin recently joined the Paul and Christian Associates team at Sotheby’s International Realty’s Toronto office. Hamblin has been selling luxury real estate for 16 years with a large independent Toronto brokerage. She previously worked in management roles in the luxury goods/fashion sector, with brands such as Chanel and Cartier. The team is lead by Christian Vermast, sales rep and senior VP, sales and Paul Maranger, broker and senior VP, sales. ■ ■ ■

The panel at the Invidiata Realty Team Real Estate Forum, from left: Shae Invidiata, Sasha Cucuz, Heather Mcdonough Domi, Christopher Invidiata and Greg Casey.

President & CEO WILLIAM MOLLS will@remonline.com

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Phone: 416.425.3504 www.remonline.com REM is published 12 times a year. It is an independently owned and operated company and is not affiliated with any real estate association, board or company. REM is distributed across Canada by leading real estate boards and by direct delivery in selected areas. For subscription information, email distribution@remonline.com. Entire contents copyright 2020 REM. All rights reserved. Reproduction in whole or in part without written permission from the publisher is prohibited. The opinions expressed in REM are not necessarily those of the publisher. REALTOR® and REALTORS® are trademarks controlled in Canada by The Canadian Real Estate Association (CREA) and identify licensed real estate practitioners who are members of CREA. MLS® and Multiple Listing Service® are trademarks owned by CREA and identify the services rendered by members of CREA. REM complies fully with the CREA’s Trademark Policy (section 5.3.2.6.1). ISSN 1201-1223

Royal LePage Coast Capital Realty on Vancouver Island has added Anne Tanner to its team as EVP of commercial leasing and sales. Broker/owner Sean Burns says the addition “will help to further establish Royal LePage Coast Capital Realty as a dominant commercial player across Vancouver Island.” Continued on page 8

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otheby’s International Realty Canada has appointed Dan Morrison as regional director and managing broker for the Greater Vancouver Area, Whistler and the Okanagan

Meet Some Crazy Rich Canadian Agents The Average Income for Craig Proctor System Members is Over $700k. Over 100 Members Earn OVER $1 Million in Annual GCI. MANY Earn Annual GCI of $2 Million. Some Even Broke $10 Million Last Year. â&#x20AC;&#x153;I now have so many buyers and sellers that I canâ&#x20AC;&#x2122;t represent them all. I turn away more business in a week than over 95% of Realtors get in an entire year.â&#x20AC;? â&#x20AC;&#x153;I have been member a off the Craig P r o c t o r Syystem for 3 years year now. Before joining the system I found myself working long hours and never having control of my schedule. I would always be at the mercy of my telephone, chasing the next deal as it came in. Using Craigâ&#x20AC;&#x2122;s system, all of my clients me chasing them. Today I am running a multi-million dollar real estate business (over $10 million dollars in commission earnings in the pipeline), rarely setting foot spending time with friends and family, travelling and doing whatever it is I want to do. In fact, I now have so many buyers and sellers that I canâ&#x20AC;&#x2122;t represent them all. I turn away more business in a week than over 95% of Realtors get in an entire year.â&#x20AC;? â&#x20AC;&#x201D; Jason Boccinfuso (Oshawa, ON)

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8 REM APRIL 2020

What business can learn from the baseball cheating scandal By David Eisenstadt

or as long as I can remember, my late father always said, “The best lie is the truth.” How pertinent those words are in today’s world of doubtful and even fake news. Anyone in business would be wise to heed such advice and be truthful across the board. Transparency is much more than a buzzword; it’s the best policy to live and work by, because in the end, as the cliché goes, “truth will out.” The truth (or lack of truth) became the story that blew up in the major league baseball scandal, specifically involving the Houston Astros. Baseball has forever been considered to be as American (with an apology to Toronto Blue

Jays and the lamented Montreal Expos fans) as apple pie, hot dogs and ice cream. Then all of a sudden, the scandal erupted because of cheating and the lies surrounding it. Shades of the Chicago Black Sox, Pete Rose and steroids era misdeeds. There are lessons from this crisis that can benefit us all. Reputation management: The first rule of avoiding scandal is to build a reputation for integrity. Real estate professionals, builders and developers – and their sales and marketing agents – that are not upfront with clients, tradespeople, news media, government or any other stakeholders, will end up tarnishing the very reputation upon which they rely. In other words, word gets around. In Ontario and the Greater Toronto Area, government and the home-building industry have

made provisions to avoid problems and have amended practices when warranted. For example, for more than 40 years, the former Tarion Warranty Corp. made sure builders honoured the warranties on their new homes. But in October 2019, it was announced that an audit resulted in the objectivity of the organization being questioned. The Ontario government has instituted several changes, including handing over regulatory powers to an outside agency to avoid conflicts of interest. Another example is the Ontario Municipal Board (OMB), which heard appeals on municipal and planning disputes and was replaced by the Local Planning Appeal Tribunal in 2018. Again, the complaints against the OMB had to do with bias in favour of builders and developers. These scenarios are similar to the baseball mess. When an industry plays a

part in policing and investigating itself, there is the real possibility of cover-ups. Crisis management: The moral of the story is that if you don’t have your reputation managed, you may end up with a crisis issue. At this point, crisis management becomes the goal. Invariably, the truth comes out, and the best way to deal with having stretched the truth or outright lies, is to confess, apologize, fix the misdeeds and try over time to rebuild your reputation. Unfortunately, this is not always the approach the guilty parties take. The baseball scandal uncovered the fact that cheating has been going on for years, and the number of people affected by it is growing. When Carlos Beltran, who played for the Astros in 2017 and more recently became manager of the New York Mets, lied and said he was

Time to commit to proptech, says KPMG C

anadian real estate companies have been slow to embrace property technology, or proptech, putting them at risk of losing market share or falling behind their global peers, says a new KPMG in Canada report. It says only 36 per cent of companies surveyed have a digital strategy, compared to 58 per cent globally. “All industries are experiencing some form of disruption; Canada’s real estate industry is no exception,” says Lorne Burns, partner and national industry leader for KPMG’s Building, Construction and Real Estate group. “Historically, it’s been a conservative industry, but companies can no longer afford a waitand-see approach. If you’re not already embracing digital technology and leveraging data, you run the risk of either losing market

share or experiencing revenue income erosion or both.” Technology – from blockchain, green tech, the Internet of Things, deep data, artificial intelligence and augmented reality applications – is disrupting and improving how real estate companies buy, rent, sell, design, construct and manage residential and commercial property. “There are several ways to try out proptech solutions, whether on a large or a small scale,” says Burns. “You won’t be successful with everything you try, but that’s what innovation is all about. Like any significant change, it will feel uncomfortable.” The report says that all of the real estate companies surveyed in Canada have appointed a digital leader to oversee their technology efforts, which demonstrates that they understand the importance of

a digital approach. However, only 28 per cent come from a technology background, comparatively similar to 30 per cent globally. In terms of cyber preparedness, while 70 per cent say they feel prepared for a potential cyberattack, only 39 per cent have formally tested how they would handle one. The report highlights a number of bold steps Canadian real estate companies can take to embrace the technological revolution, including: • Hiring leaders with digital/technology backgrounds to lead the transformation, rather than appointing real estate leaders from within • Embedding data and analytics into how they run their business • Building a company-wide digital strategy

• Partnering with proptech companies to co-create solutions • Looking beyond streamlining operations and cutting costs to find ways to use technology to improve engagement with tenants, customers and customers’ tenants • Assessing their cyber security readiness to ensure their data is well protected “Canadian real estate companies are awakening to the digital era, albeit a bit slowly. Now’s the time for them to really dive in,” says Saqib Jawed, partner and the proptech lead for KPMG’s Building, Construction and Real Estate group. “This will look different for every company… large companies with deeper pockets will explore technology in different ways than smaller companies will. But, the only way to find what works for your business is to get started.” REM

unaware of the cheating, he made things worse. He was quickly fired before ever coaching his first Mets game. Curiously, baseball’s way of managing the crisis is to place a gag order on Major League Baseball teams commenting on Beltran parting company with the Mets. One should question the wisdom of this decision. In the context of real estate, building and development, consumers need to be told the truth by everyone involved in the industry. In short, honesty is the best policy in every walk of life. It all goes back to the golden rule. No one likes to be lied to or cheated, so conducting business in an unethical manner is hypocritical. Learn from baseball so you don’t strike out in business. David Eisenstadt is the founding partner of tcgpr in Toronto. Website: https://www.tcgpr.com/ REM

Multiple Listings Continued from page 6

Tanner has been in the real estate industry for 18 years, starting her career in downtown Vancouver. In 2008 she returned to her hometown Victoria as managing director for Cushman Wakefield, to establish the brokerage on Vancouver Island. ■ ■ ■

Recently the Invidiata Realty Team from Re/Max Aboutowne Realty in Oakville, Ont. held a its annual Real Estate Forum. The night kicked off with a reception, followed by a panel discussion about the state of the luxury real estate market. Panelists included Christopher Invidiata, Invidiata Realty; Heather Mcdonough Domi, Compass New York; Sasha Cucuz, Greybrook Realty Partners; and Greg Casey, Genworth Canada. The discussion was moderated by Shae Invidiata. REM

Guiding you home.

These are exciting times at Coldwell Banker. Our iconic global brand has entered a new era, symbolized by our new North Star mark. Like the North Star, Coldwell Banker has been guiding people home since our founding in 1906. Join our global network and let us help you leave your mark on the world of real estate. Discover the new Coldwell Banker. www.coldwellbanker.ca

For a conﬁdential conversation about franchise opportunities, contact: Mark Lindsey RVP, Franchise Sales 1-800-268-9599, ext. 402 mark.lindsey@coldwellbanker.ca coldwellbanker.ca/franchising Find out more about how you too can #leaveyourmark coldwellbanker.ca/careers

©2020 Coldwell Banker Real Estate LLC. All Rights Reserved. Each Oﬃce Is Independently Owned And Operated. Coldwell Banker and the Coldwell Banker Logo are registered service marks owned by Coldwell Banker LLC. This is not intended to solicit brokers already under contract.

10 REM APRIL 2020

Andrew Cimerman marks a milestone year

As he celebrates 50 years as a Realtor, and HomeLife turns 35, Andrew Cimerman is giving the company a “killer” makeover. By Susan Doran

omeLife Realty Services founder and CEO Andrew Cimerman recently received his 50-year pin from the Toronto Regional Real Estate Board, a marker of the passing years that has him jokingly reflecting on “whether it’s something to celebrate, or to be concerned about.” Seems it will be the former, seeing as HomeLife too will soon be hitting a milestone – its 35th anniversary. There’s no way Cimerman is going to miss that. It will be marked by the company’s Starganza conference and awards ceremony being held at Fallsview Casino Resort in Niagara Falls, Ont. on April 24. “It’s a celebration of our innovation and growth. And we will be sharing our plans for the future,” says Cimerman. “We will continue to be ahead of the pack. We are positioned to be a global organization.” The featured guest speaker at the conference is successful Hyundai dealer and Toronto Raptors supporter Nav Bhatia, who recently became one of the first honourees into a new “superfan gallery” at the Basketball Hall of Fame. Through hard work, Bhatia has reputedly achieved a net worth of $50 million. His entrepreneurial spirit is a good fit for the HomeLife event, says Cimerman, who loves a success story, having also come from humble beginnings. Both Cimerman and the world of real estate have prospered since the day many decades ago when he arrived in Canada from Slovenia – “a young fellow with only $20 and one suit” – unable even to string a coherent sentence together in English. After working in construction for awhile, Cimerman decided to

get his real estate license. He was so determined to pass the licensing exam that he memorized the entire textbook. It was 1969, and he’d been drawn to the real estate industry by a newspaper ad promising he could make $250 a week. But what kept him in the business was his passion for hard work and entrepreneurialism. “The most exciting thing for me was that there was no limit on how many hours you could work and how much you could make. I like to work hard,” says Cimerman, today a father of two teenagers. “It’s the opposite for many others probably, but I wanted to work with no limits to be extremely successful.” He holds this premise close to this day, so much so that he explains that he can often still be found in the office as midnight approaches. “I put in a lot of hours,” he says. “I have been blessed with tremendous energy. Going 14 hours a day is a breeze for me.” After heading up independent brokerage Cimerman Real Estate for years, he started the HomeLife franchise in 1985. From a modest start with just a few agents, HomeLife, headquartered in Toronto, has now grown into a strong player with more than 10,000 sales reps and 150 offices across North America, as well as a presence in Europe. Looking to stand out as a premium franchise with higher standards as its foundation, the brokerage is currently in the midst of what Cimerman refers to as a “killer” company-wide rebranding initiative. This is expected to take a year or two to complete and is being promoted via a costly advertising campaign. But Cimerman isn’t letting

all the cats out of the bag just yet. “We’ve been quiet with our rebranding,” he says. “We don’t want our competitors to start building fences.” He is quick to point out though, that in a push to thrive in the current changing marketplace, virtually all HomeLife materials, tools, systems and services are being upgraded and revamped, from marketing/advertising, recruiting and community involvement to the core company pillars of education and technology. “This is like gutting a house to four walls. It’s a huge process,” Cimerman says. Even the corporate headquarters is being upgraded, thanks to an upcoming move to a larger (40,000-square-foot) office space. “Andrew likes to carve our own path, not follow in others’ footprints. We want to be on the cutting edge…to deliver a ‘next generation experience,’” says Matt Dusenbury, HomeLife’s head of branding, brand marketing and communications. Dusenbury says that “Higher Standards” has always been the company motto, and that 2020 seems like “a good time to come out swinging” and further deliver on that promise, especially with the 35th anniversary making it a milestone year. He says the rebranding evolution started about a year ago, following a doubling down on quality with the launch of the Five Star Higher Standards Service Certification program. A rigorous course available either in-office, online or at one-day events, the training is designed to give HomeLife members the tools and strategies to provide a recognizably higher level of service. Dusenbury refers to

Andrew Cimerman launched the HomeLife franchise in 1985. (Photo by Elijah Shark)

this as the “crown jewel” of HomeLife’s comprehensive Five Star branding initiative and says that the response from member agents and brokers across the country has been terrific. At the time of this writing, the company estimates that several thousand Homelife members have now been “Higher Standards Certified.” Cimerman has been quoted as saying that he believes the inaugural graduation ceremony this past fall, attended by hundreds of graduates, set a “new bar” for education in real estate. “When you see 700 agents graduating from one course, you know you’ve got support,” says Cimerman. “This is standing out and empowering through education. We are proving we are different.” Another distinguishing factor he singles out is HomeLife’s

multi-level earning/wealth sharing program. “We have tremendous collateral and can do deals in ways that are beneficial to both parties.” Also setting HomeLife apart, he believes, is the company’s practice of continually researching, developing and introducing new resources. Among these is the Reallium Technology Pack, a suite of technology and digital tools in one package, which allows agents to jumpstart their digital marketing and online communication. Consumers can also take advantage of an array of HomeLife services, including help with property management needs. “We’re recreating ourselves, taking things to the next level,” Cimerman says. “Why fight the competition when you can bypass them?” REM

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12 REM APRIL 2020

What to expect from Ontario’s new act By Joe Richer

n November 2019, the Ontario government introduced the Trust in Real Estate Services Act, 2019, a bill proposing changes to the Real Estate and Business Brokers Act, 2002 (REBBA), Ontario’s real estate consumer protection legislation, administered by the Real Estate Council of Ontario (RECO). The bill recently passed third reading. The current rules will remain in place until the government can develop and implement new regulations. There is a lot of work to be done and the government has not committed to a timeline yet, but RECO expects that new rules could come into place as early as 2021, though changes around incorporation

may take effect sooner. The changes will support and strengthen consumer protection and professionalism in the real estate sector. There are many important reforms in the legislation that will improve protection for Ontario’s buyers and sellers. Here are a few highlights. A modern, efficient and effective regulator. RECO’s regulatory authority would be updated, allowing it to issue financial penalties for specific breaches of the legislation, under specific circumstances. There would be fines for specific infractions, which can be appealed. • The Discipline Committee’s oversight would broaden to include the ability to impose conditions on registration, suspend a registration and revoke a registration, authority it currently does not have. Appeals of all matters decided by the Discipline Committee

would progress to the Licence Appeal Tribunal rather than a RECO Appeals Committee. • The registrar’s authority to inquire into conduct and refer a matter to the Discipline Committee would be expanded, to include allowing for a referral to the Discipline Committee, whether there has been a formal complaint filed or not. • RECO’s registrar would be able to consider additional factors when determining eligibility for registration, including the past conduct and past financial position of an applicant. • New regulation-making authority would allow regulations to enhance the registrar’s authority to request specific information and how and when it is to be provided. This would bolster RECO’s ability to gather the necessary data required to maintain sector information and enhance its data-driven

approach to enforcement and risk-management. Enhanced consumer protection. The term “customer” would be removed from the act, effectively eliminating the customer relationship as currently defined. Instead, the law would seek to clarify whether someone is represented by a brokerage or is selfrepresented. Changes in regulation would clarify the relationship between a registrant, clients and other people. Such a change would strengthen the effectiveness of the laws surrounding multiple representation. • The registrar’s authority to make information public would be expanded and clarified. For example, this would make it easier for a consumer to confirm the registration status of a person they are dealing with, including more details about their disciplinary history. New rules for registered real

estate brokerages, brokers and salespeople. New provisions would allow real estate brokers and salespeople to have their remuneration (commission) paid to a corporation that meets certain conditions. Future regulations would outline the conditions and restrictions under which this might take place, to maintain consumer protection and minimize the level of administrative burden on registrants. • The use of the term specialist will be restricted to those who have met specific requirements, to be established. RECO has been advocating for REBBA reform and is very supportive of the government’s commitment to substantive reforms. Updating REBBA will ensure that the regulations keep pace with the evolving real estate marketplace. Joseph Richer is registrar of the Real Estate Council of Ontario. He is in charge of the administration and enforcement of all rules that govern real estate professionals in Ontario. You can find more tips at reco.on.ca, follow on Twitter @RECOhelps or on YouTube. REM

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14 REM APRIL 2020

Buyers’ deposits not above the law By Shaneka Shaw Taylor & Princess Okechukwu

he Ontario Court of Appeal’s ruling in Benedetto v. 2453912 Ontario Inc. is set to dampen the hopes of buyers looking to shield their deposits in the purchase of property through a corporation. In this case, the court decided that the use of the phrase “without any personal liabilities” in a pre-incorporation contract does not prevent the forfeiture of a deposit when a buyer fails to perform his/her obligations under the Agreement of Purchase and Sale. Salvatore Benedetto signed an Agreement for Purchase and Sale as a buyer “in trust for a company to be incorporated without personal liabilities”. He provided the listing brokerage with a $100,000 deposit to secure the purchase.

When the transaction did not close, he sought the return of the deposit. When the seller, 2453912 Ontario Inc., refused, Benedetto sued. The seller brought a motion for summary judgment, and the motion judge ruled in favour of the seller. Benedetto appealed on the basis that the motion judge erred in his interpretation of the contract and section 21 (4) of the Ontario Business Corporation Act, which reads: “If expressly so provided in the oral or written contract referred to in subsection (1), a person who purported to act in the name of or on behalf of the corporation before it came into existence is not in any event bound by the contract or entitled to the benefits thereof.” The law with respect to deposits states that, unless the parties agreed otherwise, where a purchaser provides a deposit to secure the performance of a contract for the purchase of real estate, the deposit is forfeited to the seller if the purchaser refuses or is unable to close the transaction. The Court of Appeal said that

section 21 of the act modifies the common law by defining the rights and obligations parties assume in pre-incorporation contracts. Pre-incorporation contracts are contracts executed by a person on behalf of a company intended to be incorporated at a later date. The Court of Appeal said that in applying section 21 (4) of the act to a pre-incorporation contract, a forfeited deposit does not constitute damages for breach of contract but stands as security for the performance of the contract. There is an implied term on the deposit, that on breach of the contract by the buyer, the deposit is forfeited to the seller, especially since the seller is unable to obtain damages against the intended corporation because the intended corporation, if it even came into existence, did not adopt the contract. Benedetto argued that signing the contract with the express provision of “without any personal liabilities” should be broad enough to exclude personal liability, not only for damages for breach of contract, but also with

respect to the deposit. The Court of Appeal disagreed. It found that the phrase “without any personal liabilities” was to be interpreted in the context of a contract as a whole, not applying just to the deposit. Benedetto’s argument, if accepted, would render a deposit meaningless, providing no incentive to a buyer to close the transaction, and no compensation to the seller for the buyer’s failure to close. In order for Benedetto’s argument to be accepted, there had to be an express provision in the Agreement of Purchase and Sale concerning the deposit stating that the deposit was “not to be forfeited upon the failure of the purchaser to perform his or her obligations under the Agreement of Purchase and Sale”. The Court of Appeal concluded that the provisions of the act addressing preincorporation contracts does not displace the common law rules governing deposits in real estate transactions. These are the same rules that govern individual buyers and sellers, applied to preincorporated entities.

The Court of Appeal dismissed Benedetto’s appeal and the seller was allowed to keep the deposit. In summary, the phrase “without any personal liabilities” does not satisfy the express provision stipulated by section 21 (4) of the act. Therefore, buyers beware. If you want your deposits returned for any reason, spell it out in the contract. Shaneka Shaw Taylor is a partner at Boghosian + Allen LLP where she practices municipal, commercial and real property litigation. She is also a licensed real estate salesperson with Forest Hill Real Estate. She has authored several articles and speaks regularly on topical municipal ligation and civil litigation matters. She recently authored The Annotated Real Estate and Business Brokers Act, 2002 and Regulations (LexisNexis Canada). Phone 416-367-5558 ext. 214; email staylor@boglaw.ca Princess Okechukwu is an articling student with Boghosian + Allen LLP. She obtained her law degree from the University of South Wales and is looking forward to being called REM to the bar in 2020.

How organized real estate must change By Trevor Koot

here is a future that exists without Realtors. We must be cognizant of this fact and contemplate other possible futures, which see the role of the Realtor different than it is today. We often hear about the profound changes that the real estate industry has experienced and Realtors regularly comment about their difficulties in keeping up with the vast changes. Though change may be prevalent when all aspects of a Realtor’s day-to-day business is considered, I wholeheartedly argue that organized real estate has not undergone any change at all in the

past couple of decades, and very little change prior to that. Appreciating this may not be a popular opinion, I’ll put some context to it. Realtors have gone from pagers to flip phones to smart phones. From sending contracts, to faxing contracts, to emailing contracts. Brokerages have become more efficient. Franchises have leveraged technology to offer more tools and better business environments for the Realtors who fly their flag. Regulation continues to evolve to accommodate a changing business landscape. Consumers, having access to more information, continue to demand more information. What has changed relating to the role of real estate boards and associations across the country? Organized real estate was founded on the function of a central organization, designed to manage listing

data so brokerages could work in a co-operative environment to sell each other’s listings. This started with collecting information and redistributing it back to the brokerages in printed form, typically catalogues. With the introduction of the business computer, these catalogues were digitized and moved to an electronic format. Then came the short-lived fad known as the internet that created a new opportunity for the data to become interactive. Boards could now share the data with brokerages and Realtors in real time, allowing for the system to become more interactive and consumer friendly. Organized real estate is built on managing property data. What has really changed? Leadership within organized real estate across the country needs to accept that the evolution has been close to non-existent. We

cannot be distracted by a false sense of progress because our members have experienced change in their environment. We must be visionary about what the future role of the Realtor is, where organized real estate fits into that role, and start to change to ensure relevance of both in the future. So, what is our next move? We can agree that the role of the Realtor five to 10 years from now will look vastly different than it does today. This change will be predicated on the way the consumer will navigate a real estate transaction in the future. I see the consumer gaining more control of their experience. Empowered by information and technology to support the security and flow of that information, the consumer will be in the driver’s seat and be far less dependent on outside participants (appraisers, mortgage brokers, conveyancers, lenders,

insurers, notaries and potentially even Realtors). It is time to consider the Realtor as part of the entire real estate transaction continuum, rather than just filling one gap out of many. This is only possible if organized real estate begins building the infrastructure necessary to create this future. Rather than waiting for the development of such systems, which could be less focused on the Realtor as part of the transaction, we need to lead these conversations, to ensure the continued viability of the Realtor. There is a future that exists without Realtors. It is our job as leaders in organized real estate to ensure that is not the future that is realized. Trevor Koot is the executive officer of the Kootenay Real Estate Board and the Kamloops and District Real Estate Association. REM

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Geoffrey Walker RE/MAX ABSOLUTE WALKER REALTY Ottawa

Aaron Wan RE/MAX REALTRON REALTY INC. Thornhill

Alexander Wilson RE/MAX WEALTH BUILDERS REAL ESTATE Toronto

Drew Woolcott RE/MAX ESCARPMENT WOOLCOTT REALTY INC. Waterdown

Victoria Zhang RE/MAX REALTRON REALTY INC. Richmond Hill

Wendy Zheng RE/MAX CENTRAL REALTY Richmond Hill

Mustafa Zia RE/MAX REAL ESTATE CENTRE INC. Mississauga

Julie Seo RE/MAX ULTIMATE JULIE SEO REALTY BROKERAGE Toronto

Stuart Hyman RE/MAX ULTIMATE REALTY INC. Toronto

2019

Craig Snow RE/MAX NOVA Dartmouth

RE/MAX INTEGRA, Ontario-Atlantic Internal Data, full year 2019.

CONGRATULATIONS TO ALL OF OUR 2019 AWARD WINNERS Rob Golfi RE/MAX ESCARPMENT GOLFI REALTY INC. Hamilton

Jerry Gould RE/MAX REAL ESTATE CENTRE INC. Orangeville

Angela Goulet RE/MAX PREFERRED REALTY LTD. Windsor

Geoffrey Grace RE/MAX HALLMARK REALTY LTD. Toronto

Peggy Hill RE/MAX HALLMARK PEGGY HILL GROUP REALTY Barrie

Chuck Hogeterp RE/MAX ESCARPMENT REALTY INC. Stoney Creek

Sunny Purewal RE/MAX REALTY SERVICES INC. Brampton

Mark Richards RE/MAX HALLMARK RICHARDS GROUP REALTY LTD. Toronto

Chris Richie RE/MAX IN THE HILLS INC. Caledon

Peter Hogeterp RE/MAX ESCARPMENT REALTY INC. Stoney Creek

Seyfeddin (Mike) Hosseini RE/MAX HALLMARK REALTY LTD. Toronto

Stuart Hyman RE/MAX ULTIMATE REALTY INC. Toronto

Christopher Invidiata RE/MAX ABOUTOWNE REALTY CORP. Oakville

Michael Inwood RE/MAX PROFESSIONALS SIDOROVA INWOOD REALTY Toronto

Beverly Jones RE/MAX PROFESSIONALS INC. Toronto

Albert Kantarjian RE/MAX CAPITAL DIAMOND REALTY Windsor

Daryl King RE/MAX HALLMARK REALTY LTD. Richmond Hill

Vesna Kolenc RE/MAX PREMIER INC. Woodbridge

Frank Leo RE/MAX WEST REALTY INC. Toronto

Sarah Logue RE/MAX ESCARPMENT TEAM LOGUE REALTY Burlington

Frank Merigliano RE/MAX PREMIER INC. Toronto

Bill Meyer RE/MAX HALLMARK REALTY GROUP Ottawa

Michael Jawanda RE/MAX REAL ESTATE CENTRE MY INVESTMENT Mississauga

Tony Johal RE/MAX INSPIRED LIVING REALTY Breslau

Jeff Johnson RE/MAX PROFESSIONALS INC. Toronto

Liz Johnson RE/MAX PROFESSIONALS INC. Toronto

Julie Seo RE/MAX ULTIMATE JULIE SEO REALTY BROKERAGE Toronto

Maha Shahbazian RE/MAX HALLMARK REALTY GROUP Ottawa

Mimi Shew RE/MAX GOLDENWAY REALTY INC.

Al Sinclair RE/MAX HALLMARK REALTY LTD. Toronto

Sukhvinder Singh RE/MAX REALTY SPECIALISTS INC. Caledon East

Peter Kostecki RE/MAX TWIN CITY REALTY INC. Waterloo

Anuja Kumarasamy RE/MAX REALTRON AD TEAM REALTY Toronto

Michelle Kupe RE/MAX HALLMARK REALTY GROUP Ottawa

Steven Kuula RE/MAX CROWN REALTY (1989) INC. Sudbury

Andrew la Fleur RE/MAX CONDOS PLUS CORP Toronto

Goran Todorovic RE/MAX PREFERRED TEAM GORAN REALTY Windsor

Sonya Torres RE/MAX ALL-STARS REALTY INC. Stouffville

Angelo Toscano RE/MAX DELTA REALTY TEAM Ottawa

James Turner RE/MAX ESCARPMENT REALTY INC. Burlington

Jim Mo RE/MAX REALTRON JIM MO REALTY Toronto

Robert Moore RE/MAX REALTY SPECIALISTS LTD. St. Johnâ&#x20AC;&#x2122;s

Marg Morren RE/MAX ESCARPMENT REALTY INC. Burlington

Ryan Mulligan RE/MAX CENTRE CITY MULLIGAN REALTY GROUP London

Ranjit Nijjar RE/MAX REALTY SERVICES INC. Brampton

Mary Wylde RE/MAX REAL ESTATE CENTRE INC. Guelph

Alaa Yousif RE/MAX REALTY SPECIALISTS INC. Mississauga

Johnson Yu RE/MAX PARTNERS REALTY INC. Richmond Hill

Sue Zhang RE/MAX REALTRON SMART SOLD REALTY Richmond Hill 1

Nick Oppedisano RE/MAX PREMIER THE OP TEAM Woodbridge

Paul Oulahen RE/MAX REALTRON REALTY INC.

Peter Papousek RE/MAX REALTY ENTERPRISES INC. Mississauga

Nick Pavlov RE/MAX WEST REALTY INC. Toronto

Manjit Pawar RE/MAX DYNASTY HOSPITALITY INC. Brampton

Jason Pilon RE/MAX HALLMARK PILON GROUP REALTY Ottawa

George Politis RE/MAX ALL-STARS THE PB TEAM REALTY Markham

Brandon Polsinello RE/MAX REALTRON POLSINELLO REALTY Newmarket

Frank Polsinello RE/MAX REALTRON POLSINELLO REALTY Newmarket

RE/MAX INTEGRA, Ontario-Atlantic Internal Data, full year 2019.

2019

Manjit Pawar RE/MAX DYNASTY HOSPITALITY INC. Brampton

Tav Schembri RE/MAX REALTY SPECIALISTS INC. Mississauga

Wayne Schilstra RE/MAX ESCARPMENT REALTY INC. Stoney Creek

Troy Schmidt RE/MAX TWIN CITY REALTY INC. Waterloo

Sandy Smallbone RE/MAX ESCARPMENT REALTY INC. Burlington

Faisal Susiwala RE/MAX TWIN CITY FAISAL SUSIWALA REALTY Cambridge

Ruby Thambiah RE/MAX REALTY SERVICES INC. Brampton

Bill Thom RE/MAX REALTRON BILL THOM GROUP REALTY INC. Toronto

David Vu RE/MAX ULTIMATE REALTY INC. Toronto

Geoffrey Walker RE/MAX ABSOLUTE WALKER REALTY Ottawa

Aaron Wan RE/MAX REALTRON REALTY INC. Thornhill

Alexander Wilson RE/MAX WEALTH BUILDERS REAL ESTATE Toronto

Drew Woolcott RE/MAX ESCARPMENT WOOLCOTT REALTY INC. Waterdown

Victoria Zhang RE/MAX REALTRON REALTY INC. Richmond Hill

Wendy Zheng RE/MAX CENTRAL REALTY Richmond Hill

Mustafa Zia RE/MAX REAL ESTATE CENTRE INC. Mississauga

Julie Seo RE/MAX ULTIMATE JULIE SEO REALTY BROKERAGE Toronto

Stuart Hyman RE/MAX ULTIMATE REALTY INC. Toronto

2019

Craig Snow RE/MAX NOVA Dartmouth

RE/MAX INTEGRA, Ontario-Atlantic Internal Data, full year 2019.

CONGRATULATIONS TO ALL OF OUR 2019 AWARD WINNERS 1

Faisal Susiwala RE/MAX TWIN CITY FAISAL SUISWALA REALTY Cambridge

Vesna Kolenc RE/MAX PREMIER INC. Woodbridge

Peter Hogeterp RE/MAX ESCARPMENT REALTY INC. Stoney Creek

Chuck Hogeterp RE/MAX ESCARPMENT REALTY INC. Stoney Creek

Bijan Barati RE/MAX REALTRON BIJAN BARATI REAL ESTATE Toronto

Jason Munn RE/MAX EAST COAST ELITE REALTY Fredericton

Sarah Justason RE/MAX EAST COAST ELITE REALTY Fredericton

Mustafa Zia RE/MAX REAL ESTATE CENTRE INC. Mississauga

Andrew la Fleur RE/MAX CONDOS PLUS CORP Toronto

Lacey Fisher RE/MAX COUNTY LINE REALTY LTD. Amherst

Rob Golfi RE/MAX ESCARPMENT GOLFI REALTY INC. Hamilton The Golfi Team

Frank Leo RE/MAX WEST REALTY INC. Toronto Frank Leo and Associates

Peggy Hill RE/MAX HALLMARK PEGGY HILL GROUP REALTY Barrie The Peggy Hill Group

Mark Richards RE/MAX HALLMARK RICHARDS GROUP REALTY LTD. Toronto The Richards Group RE/MAX Hallmark

Stefan Cormier RE/MAX PROFESSIONALS SAINT JOHN INC. Saint John

Brian Belyea RE/MAX PROFESSIONALS SAINT JOHN INC. Saint John

T. Chandler Haliburton RE/MAX NOVA Dartmouth

Fatima Bregman RE/MAX HALLMARK REALTY LTD. Toronto

2019

Colin Crowell RE/MAX BANNER REAL ESTATE Middleton

Roger LeBlanc RE/MAX AVANTE Moncton Equipe Roger LeBlanc Team

Robert Moore RE/MAX REALTY SPECIALISTS LTD. St. John’s Moore/Decker/Dunn

Daryl King RE/MAX HALLMARK REALTY LTD. Richmond Hill The Daryl King Team

Jeff Kitchen RE/MAX PROFESSIONALS SAINT JOHN INC. Saint John Jeff Kitchen

RE/MAX INTEGRA, Ontario-Atlantic Internal Data, full year 2019.

Parveen Arora RE/MAX REAL ESTATE CENTRE INC. Brampton Team Arora

France Pelletier RE/MAX RESIDEX ENTERPRISES INC. Grand Falls Valley Team

Christopher Invidiata RE/MAX ABOUTOWNE REALTY CORP. Oakville The Invidiata Team

David Batori RE/MAX HALLMARK BATORI GROUP INC. Toronto David Batori

Wendy Flemming RE/MAX CHARLOTTETOWN REALTY Charlottetown The Flemmings Team

Thomas Bagogloo RE/MAX NOVA Halifax The Bagogloo Team

Jim Burton RE/MAX INFINITY REALTY INC. Conception Bay South Team Burton

2019

Brad Colbert RE/MAX REALTY SPECIALISTS LTD. St. John’s

Pam DeCourcey RE/MAX PROFESSIONALS SAINT JOHN INC. Saint John Pam DeCourcey and Company

Barry Cohen RE/MAX REALTRON BARRY COHEN HOMES INC. Toronto Barry Cohen Homes

Drew Woolcott RE/MAX ESCARPMENT WOOLCOTT REALTY INC. Waterdown The Woolcott Team

2019

Nassim Klayme RE/MAX NOVA Dartmouth

Lisa MacIntosh RE/MAX EAST COAST ELITE REALTY Fredericton

Alaa Yousif RE/MAX REALTY SPECIALISTS INC. Mississauga

Claudio Cerrito RE/MAX HALLMARK REALTY LTD. Toronto

2019

Kris Fournier RE/MAX CHARLOTTETOWN REALTY Charlottetown The Fourniers Team

Rebecca Steeves RE/MAX EAST COAST ELITE REALTY Fredericton Rebecca Steeves