December 2015 by Real Estate Magazine (REM)

Issue #318

December 2015

OREA fights new land transfer tax Page 8

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Final submissions at the Competition Tribunal Page 14

Inside Right At Homeâ&#x20AC;&#x2122;s new office branding Page 22

CREA president Pauline Aunger on why you should get involved in organized real estate Page 3

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REM DECEMBER 2015 3

Get involved, urges CREA president

In this evolving real estate industry, Pauline Aunger says if you are active at your local board or association, you will be “part of the change instead of waiting to see what happens.” By Jim Adair

auline Aunger loves being president of the Canadian Real Estate Association. She thinks more Realtors should get involved with organized real estate. Why?

have served on other governing boards – not necessarily related to real estate – to qualify. “It’s about bringing those skills and competencies to the table,” he says.

boards and associations across the country to fill them in on CREA’s latest activities, and so far that has taken her from Vancouver Island to Atlantic Canada.

“Everybody says it’s to give back to the association, and that it’s rewarding both personally and professionally. That’s the pat answer,” she says. “All the time I’ve been involved in the real estate community has made me a better Realtor. So the advantage that being involved gives you is that you’re on top of what’s going on and you understand why things have changed – and you are part of the change rather than learning about it later.”

Aunger adds, “It’s about getting the right people, who may not have had the opportunity to serve locally but are interested in serving at the national level.”

She says she believes the different levels of organized real estate are “talking more often” than in the past and “that helps us to get along better. It’s a case of never ignoring your differences or problems but always being able to talk about them. Basically we’re all here to help our members, whether we’re talking about the provincial association, the local board or the national association. The Realtor is the most important part of this.”

She adds, “I can’t imagine my life in real estate without being involved. It’s been a great pleasure to be a part of the change instead of waiting to see what happens.” Aunger, broker of record at Royal LePage Advantage Real Estate in Smiths Falls, Ont., is a past-president of her local real estate board and of the Ontario Real Estate Association. Recently REM interviewed Aunger at CREA’s national headquarters in Ottawa. Organized real estate has been criticized as being an “old boys club” where the same people run boards and associations for years. At this spring’s Annual General Meeting, CREA will present a proposal that, if approved, would change the qualifications needed to serve on its Board of Directors. “There used to be a requirement that you had to serve on a local board or provincial association as a director for so many years (before you could join CREA’s board),” says Gary Simonsen, CREA’s chief executive officer. The proposal would allow those who

She points out that four people on the current Board of Directors did not serve as provincial association presidents. “I think the old boy’s network has changed,” she says. Still, Realtors are notoriously apathetic when it comes to taking part in organized real estate. “We have 112,000 members and not all of them are involved,” says Aunger. “Maybe some of them want to be but don’t know it yet. So it’s about helping people get into the process – you only get a volunteer by asking them.” She notes that many more real estate professionals are involved in volunteering for local charitable causes, by giving their personal time as well as contributing financially. CREA also faces pressure from the membership to cut its bureaucracy and keep member dues down, and to this end the Board of Directors was reduced from 20 members to 16 last year. More recently, the Executive Committee was eliminated to further streamline the association’s governance. Aunger says her main goal during her year as president is to continue reaching out to members via the association’s popular series of Open House meetings. She and a team of staff and other members of the Board of Directors are visiting

While CREA officials won’t comment on the ongoing Competition Tribunal case involving the Toronto Real Estate Board’s MLS policies, Aunger says that regardless of how that case turns out, CREA intends to maintain realtor.ca as “the No. 1 website in Canada.” She says, “Realtors want it to be the best it can be. There are some enhancements coming but I’m not going to tell you about them because that would take all the fun out of it.” But among the improvements will be the accommodation of more highresolution photos and real-time property updates. “As a Realtor, you want your listings in as many places as possible and that’s why the data distribution facility (DDF) exists,” Aunger says. “The Realtors choose where to put their listings and the public decides where they go to look for them. The public likes quick information and they like mobile. When we have the No. 1 website, all Realtors benefit from it.” Another priority is getting

Pauline Aunger in Ottawa, October 2015. (Photo by Ryan Parent)

to know the new federal government. More than 200 new MPs will be serving in the House of Commons. CREA has sent them all a book with issues of concern to Realtors, including sections about the Home Buyer’s Plan, FINTRAC regulations, the Privacy Act, anti-spam legislation and more. The association’s PAC days conference has been moved to fall from spring, so the government will have been in place for about a year by the time the next conference comes around. CREA is also monitoring the threat that mandatory home energy audits could be coming to Ontario. Aunger says she was

shocked when she saw that the idea was back on the table. “If you Google me, you will see me standing in front of the legislature talking about this very thing” when she was president of OREA in 2009. On a personal level, Aunger admits that her activities as president do cut into her real estate business. “I’m lucky because my daughter is a Realtor and she helps cover for me. But I don’t want to give the illusion that I’m not selling while I’m serving as president because I am. It’s about managing my time. When the year ends I’ll still be a Realtor. I’ll be a Realtor for the rest of my life.” REM

4 REM DECEMBER 2015

Multiple Listings By Jim Adair, REM Editor

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Do you have news to share with Canada’s real estate community? Let REM know about it! Email: jim@remonline.com

oyal LePage Ville-Marie in Montreal has joined Royal LePage Village. The merged brokerage will now operate under the name of Royal LePage Village, covering the western and central territories of Montreal. The brokerage now has 138 real estate brokers in five offices, making it the largest Royal LePage brokerage in Quebec. Paul D. Johnson has acquired shares in the company, while Gregory Clarke, former broker/ owner of Royal LePage Village (Dollard-des-Ormeaux), will remain a shareholder in the brokerage.

The company says Johnson brings extensive management and business development experience to the agency, having spent several years running major international companies in various sectors. For his part, Gregory has nearly 30 years of experience in real estate (both as a broker and an investor), including 15 years as co-owner of Royal LePage Village (Dollard-desOrmeaux). ■ ■ ■

Re/Max Real Estate Beaumont in Edmonton recently was acquired by Re/Max River City’s broker/owner Shami Sandhu.

Coldwell Banker China president Amber Qui with Coldwell Banker Premier Realty owner Marline Kolterhoff.

modern space includes a chalkboard wall and offers mentor-style leadership. The office expects Realtors to grow together as a team with no room for egos.”

Former Re/Max Real Estate Beaumont owner Maurice Biron is retiring from the real estate business but will continue to operate his accounting business part-time. Re/Max River City opened 25 years ago on Saskatchewan Drive on the south side of Edmonton’s River Valley. From there, the group expanded into the south side of the city, Sandhu says. With the merger, it now has more than 130 sales reps. ■ ■ ■

Andre and Tanya d’Abadie recently opened Century 21 Elevate Real Estate to serve a new and rapidly growing community in South-West Calgary. “My network has grown because I know you build business from within. You gain future clients when your current ones truly feel that they come first, that’s our culture,” says Andre d’Abadie, who has been in the real estate business for 15 years. The company says the d’Abadies offer “high-impact education and mentorship” and have created “a unique teaching environment for their team. The open,

Engel & Völkers is joining forces with Carros Group, which has operated as Sotheby’s highestgrossing Vancouver office for more than five years, the company says. “Working with Sotheby’s has been a great experience, but when Engel & Völkers approached me a few months ago, I saw this as an opportunity to grow and elevate client services in Vancouver,” says Greg Carros, president of Carros Group. Working with Engel & Völkers gives Carros an opportunity to own a franchise. He estimates that his office has completed $600 million in business during the last two years. “We currently have 35 agents in our Downtown Vancouver office and that number is expected to rise,” said Carros. He says he is already planning to open offices on the West Side, East Vancouver, West Vancouver and North Vancouver.

Broker/owner Curtis Burbee started his real estate career in Prince George, B.C., where he was a successful sales rep for five years. He relocated to Grande Prairie with his wife Chelsey and founded their own brokerage operation in 2011. ■ ■ ■

Hamish Redpath and Rudy Chong have acquired Royal LePage Peters and Lank Realty in Charlottetown as owner and coowner, respectively. Ken Peters, the brokerage’s most recent owner, remains broker of record until Jan. 31, 2016. Redpath has more than a decade of creative marketing experience and more than five years of experience as a real estate professional. Chong’s love of real estate and property investing now has a new focus in his role as office manager/owner, the company says. He has a technical background as an engineer, 17 years of experience in account and supply chain management, as well as extensive experience managing various teams and departments in the aerospace and high-tech sectors.

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The real estate brokerage formerly known as NetHomes Realty of Grande Prairie, Alta. has joined the Coldwell Banker network. The full-service real estate firm will now operate under the name Coldwell Banker Excellence Realty.

Coldwell Banker China president Amber Qui and Selina Zhang, representing over 200 offices across China, recently visited three Vancouver affiliates. Coldwell Banker Prestige Continued on page 6

Paul D. Johnson

Shami Sandhu

Hamish Redpath

Penny Coley

David Gillard

Gregory Clarke

Curtis Burbee

Chelsey Burbee

Rudy Chong

Tom Garvey

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6 REM DECEMBER 2015

Continued from page 4

Realty, Coldwell Banker Westburn Realty and Coldwell Banker Premier Realty each hosted the Asian market guests for an intensive learning and networking experience. Presenters included local developers and immigration lawyers. Global service manager Ron Harris from Coldwell Banker global headquarters in New Jersey also joined the whirlwind tour. ■ ■ ■

Penny Coley recently acquired the Royal LePage brokerage in Corner Brook, Nfld. It has been in operation since 1958 and will continue to operate as Royal LePage NL Realty. Coley is a licensed Realtor who has been with the Royal LePage NL Realty team for almost 15 years. The company says she “brings a wealth of experience to her new role as owner, including a diverse background in business administration/marketing and office administration. She also plans to complete her broker’s licence in the near future.” David Gillard, an honorary member of the Newfoundland and Labrador Association of Realtors and recipient of its 45-year-pin, will remain as broker of record. ■ ■ ■

Joseph Syposz and Rick Spagnuolo, with 20 years of real estate experience behind them, recently opened Century 21 Hallmark Realty in Toronto. The office provides real estate advice in all aspects of residential, commercial and investment properties. “Our small community is expanding very quickly with over 12,000 condo units being added in the near future. It’s the perfect location,” says Spagnuolo. “We’ve both chosen to raise our families here so we know on a personal level why this area is so attractive to buyers.” The new office, steps from

Cover photo: RYAN PARENT

Humber Bay Shores Park on the city’s west waterfront, features a 20-foot living wall. ■ ■ ■

Macdonald Realty has hired Tom Garvey as the new full-time managing broker for the Coquitlam and Maple Ridge, B.C. offices. He will be the “go-to resource for transaction-related questions and is responsible for retention, recruitment and training in those offices,” the company says. Jonathan Cooper, vice president, operations for Macdonald Real Estate Group, says Garvey “brings several decades of industry experience to this role, both in sales and in management, and is well respected in the Greater Vancouver real estate community. Tom will be a tremendous resource to his offices and our company as a whole.” ■ ■ ■

Century 21 Atria Realty has opened two new offices to serve clients in the Toronto area. Stephen Chow, owner of the brokerage, recently earned the Century 21 Franchisee of the Year award for his business practices, chosen by his peers across Canada. The new offices will be at 100-642 King St. W. and 2035927 Yonge St. ■ ■ ■

With 11 years of experience and award-winning service, brokerage owner Rhonda Lodwick has opened a new Century 21 Foxx Realty office to serve clients in Treherne, Man. “We founded our business in the rural communities and have continued to grow it in these areas over the years,” says Lodwick. “I know firsthand every unique aspect of the market and the needs of the smaller communities.” Century 21 Foxx Realty was founded in 2001 in Portage La Prairie. The office earned the

Century 21 Gold Medallion award in 2014 and Lodwick has been awarded the Double Centurion award for sales excellence. The new office is at 240 Railway Ave. in Treherne. ■ ■ ■

The Real Estate Council of Alberta (RECA) has named Krista Bolton as chair of council and Christine Zwozdesky as chairelect. Bolton is a chartered mediator with her primary practice in family mediation. She has been a public member of council since 2012, appointed by the other council members. Zwozdesky was appointed by council in 2013 from nominations received from licensed property managers. She has more than 30 years of experience in the industry and is a past president of both the Building Owners and Managers Association – Edmonton Chapter and Edmonton’s Commercial Real Estate Women Chapter.

The Century 21 Foxx Realty team.

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Century 21 People’s Choice Realty of Toronto has opened its doors at a new Mississauga office. The brokerage also has an office in Brampton. It has ranked in the top 10 Century 21 companies across Canada every year since 2012. Virendra Srivastava, broker/ owner, says: “We invest in producing agents of the highest quality through training and marketing and they, in turn, invest in their clients.” The new office is at 120 Matheson Blvd E., Units 103 and 104. ■ ■ ■

Close to 6,000 contest entrants posted their photos to royallepage.ca/imhome, sharing special memories of time spent with family, friends and pets in their homes as part of the Royal LePage #IMHOME contest.

Publisher HEINO MOLLS heino@remonline.com

Editor JIM ADAIR jim@remonline.com

Director, Sales & Marketing DENNIS ROCK dennis@remonline.com

Distribution & Production MILA PURCELL distribution@remonline.com

Digital Media Manager WILLIAM MOLLS web@remonline.com

Art Director LIZ MACKIN

Brand Design SANDRA GOODER

The Century 21 Atria Realty team.

Graphic Design SHAWN KELLY

Virendra Srivastava poses in the lobby of his brokerage’s new Mississauga office.

During the contest period, Royal LePage says its national social media channels saw corresponding spikes. The company’s Facebook page was up almost 500 likes, Twitter was up more than 600 followers and a contest video on YouTube garnered more than 11,000 views. Almost a third of entrants visited other pages on royallepage.ca, helping to increase traffic and leads. Prizes for consumers entering

2255B Queen Street East, Suite #1178 Toronto, ON M4E 1G3

Phone: 416.425.3504 www.remonline.com REM complies fully with the Canadian Real Estate Association's Rules for Trademarks (CREA Rule 16.5.3.1) 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 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 2015 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. ISSN 1201-1223

the contest included 16 weekly prizes, four monthly prizes and a grand prize of a $2,500 voucher from the winner’s choice of three retailers. A gallery of winning entries is viewable at royallepage.ca/imhome. Gail Bibeau of Royal LePage True North Realty in Fort McMurray, Alta. was named the top sharer of the contest. She won a $2,500 Air Canada Vacations voucher. REM Printed by Metroland Media Group, Ltd. A certified FSC ® Printer

Multiple Listings

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8 REM DECEMBER 2015

OREA fights doubling of land transfer tax T

he Ontario Ministry of Municipal Affairs and Housing plans to give every municipality provincewide the power to charge a Municipal Land Transfer Tax (MLTT), says the Ontario Real Estate Association (OREA). “Ontario home buyers are already charged a provincial land transfer tax, so by adding a municipal tax, they’re essentially doubling the tax burden on Ontario families,” says Patricia Verge, president of OREA. “If the Ontario Liberals follow through with this plan, home buyers will be forced to pay $10,000 in total land transfer taxes on the average priced home in Ontario, starting as early as next year.” Verge says, “The Ontario Liberals wrote to us in May 2014,

during the election, stating that ‘they had no plans to extend these powers to municipalities’. On behalf of home buyers, we want them to remain good on this election promise and that means Ontarians need to send a strong message that the government must rethink its plan to double the land transfer tax burden on home buyers.” Leeds-Grenville MPP Steve Clark has introduced a motion that will come to a vote on Dec. 3. It says, “In the opinion of this House, the Government of Ontario should not impose or help municipalities facilitate the imposition of any new municipal land transfer taxes (MLTT).” The motion is to be debated and voted upon during Private Member’s Business, where MPPs

Industrial, Commercial & Investment S perry Van Ness International Corporation (SVNIC), a commercial real estate services franchisor, and Rock Advisors of Toronto are opening SVNIC’s first Canadian location. The new office, which will operate under the name of Sperry Van Ness/Rock Advisors, Inc., will bring SVNIC’s unique approach of compensated co-operation to Canada’s real estate market. It operates more like the residential real estate model, encouraging brokers to come together as franchisees, sharing client bases and information for the benefit of the client and the industry as a whole. “The traditional brokerage model is dysfunctional,” says SVNIC president and CEO Kevin Maggiacomo. “The way the system is designed encourages brokers to hold their client base close and not share with the wider market, even though it’s well known that a larger market means more offers, which means higher prices and higher commissions.” SVNIC has approximately 190

locations serving over 500 markets. Rock Advisors has more than 25 years of consulting experience buying and selling multi-family rental apartments and student housing across Canada. “We live in an increasingly connected world,” says Rock Advisors CEO Derek Lobo. “The competitive Canadian marketplace is an excellent opportunity for U.S. investors who are looking for a new territory that is also familiar.” Lobo’s vision for expansion is to grow to over 30 locations in the next seven years. “The timing couldn’t be better,” says Maggiacomo. “In the U.S., 65 per cent of all assets sold are purchased by out of market investors. In Canada, foreign direct investment is rapidly increasing due to its political and economic stability. With U.S. and Canadian buyers crossing boundaries into new markets, and many new non-institutional buyers diversifying their portfolios and becoming first-time real estate investors, we wanted to

are permitted to speak and vote free of party influences. This means that the vote will be a true reflection of an individual MPPs’ leaning, not that of their party, says OREA. “MPPs have a chance to represent the will and interests of their constituents and oppose this unfair tax,” says Verge. “We’re calling on Ontarians to let their MPPs know home buyers are stretched and already pay enough tax by going to www.DontTaxMyDream.ca.” The City of Toronto has had an MLTT in place since 2008. OREA says that has resulted in “significant negative impacts on jobs and the economy. Over five years, it is estimated that 38,227 housing transactions did not occur in Toronto because of the MLTT.

OREA has the support of the Canadian Taxpayers Federation (CTF). “Owning a home used to be the norm, but now with a myriad of taxes and fees, it’s becoming little more than a dream. If municipalities are granted the power to double the land transfer tax, homebuyers could be forced to pay $10,000 to $15,000 in land transfer tax for a home priced at $450,000,” says CTF Ontario director Christine Van Gin. “Mayors and provincial politicians like to talk about what can be done to make housing in Toronto and Ontario more affordable, but the reality is they need to look in the mirror. It is policies like the land transfer tax, HST on new homes, subway construction levies,

quickly expand the SVN market share in North America.” The company says that with Rock Advisor’s help, SVNIC’s entry into the Canadian market will engage the entire brokerage community to market SVN listings, splitting commissions equally in the process. This will ensure organized competition for assets that sellers’ interests are placed first, the company says. “Technology and online communication has made the business world smaller,” Maggiacomo says. “What happens in the U.S. and Canada can happen quickly in other countries.”

on behalf of his clients throughout Ontario and across Canada, the company says.

■ ■ ■

Bruce Armstrong joins Avison Young Bruce Armstrong has joined Avison Young in its global headquarters in downtown Toronto. He joins the company as a senior vice president and will focus on tenant representation and negotiating office leasing transactions. For the past six years, Armstrong served as vice president of office leasing for Cushman & Wakefield in Toronto. Armstrong brings 33 years of commercial real estate experience to Avison Young. During his years in the industry, which included working at Jones Lang LaSalle and CBRE, Armstrong has completed numerous large lease transactions

OREA has launched a website to spread the word about the proposed new tax.

development charges and convoluted and irrational building codes that drive up the price of housing,” says Van Geyn. REM

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Teresa Spataro joins RKF’s Toronto office as senior vice president Industry veteran Teresa Spataro has joined RKF, an independent real estate firm specializing in retail leasing, investment sales and consulting services, as a senior vice president in the firm’s Toronto office. Spataro, who will focus primarily on landlord representation assignments in the Greater Toronto area and Canada, brings more than 35 years of experience in the shopping centre industry, including regional, community and power centres, as well as leasing outlet shopping centres. Prior to joining RKF, Spataro worked with several leading developers on projects throughout the country. Most recently, she was vice president, development leasing with Ivanhoe Cambridge, where she was the key player in developing the largest open-air outlet centre in Canada. In the process of delivering successful openings of Outlet Collection at Niagara, CrossIron Mills and Vaughan Mills, she successfully negotiated the tenancies of first to market and established anchor tenants alike, the company says. REM

Derek Lobo

Bruce Armstrong

Teresa Spataro

“Engel & Völkers represents something fresh and new in this market. The powerful international ties are ideally aligned with our discerning clientele.” Steven Lafave, Managing Director, Engel & Völkers Tremblant

Only the best in the business join our brand. Steven Lafave and his team have been the leading brokers in Tremblant for Playground, the real estate arm of Intrawest, the premier North American mountain resort company, for more than 20 years. They have built a strong reputation among buyers and sellers in the market for their expertise, professionalism and premium quality service. According to Steven, all of their success centers on a culture of being the best and enjoying their success through extraordinary living. As Engel & Völkers Tremblant, Steven continues to lead his team in representing Tremblant’s, and Intrawest’s very best with an expanded global reach and a sharpened competitive edge with world-class technology and marketing.

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©2015 Engel & Völkers. All rights reserved. This advertisement is not an offering of a franchise, and where required by law, an offering can only be made 14 days after delivery of the applicable franchise disclosure document.

10 REM DECEMBER 2015

Risks of disclosure statements By Matt Maurer

he Ontario Superior Court has once again underscored how completing a seller property information statement (SPIS) can be a risky move for vendors. When it comes to the purchase and sale of real estate the starting point for any analysis is “buyer beware”. For those looking to impress at cocktail parties, the specific expression is “caveat emptor, quit ignorare non debuit quod jus alienum emit,” which translates into “let the purchaser, who is not to be ignorant of the amount and nature of the interest, exercise proper caution.” This general rule of buyer beware applies to defects that a purchaser could have discovered by

means of a routine inspection (known as a “patent defect”) and also “latent defects” (those not discoverable by routine inspection, which are unknown to the vendor). Notwithstanding the purchaser’s obligation to do their own due diligence, the rule of buyer beware goes out the window once the vendor has made a misrepresentation. A SPIS is a standard form document that was drafted by the Ontario Real Estate Association. It will contain information relating to defects, renovations and other pertinent property information based on the seller’s knowledge and experience. A vendor is not obligated to complete a SPIS and if the vendor elects to do so they open themselves up to significant legal risks. The law in Ontario is that once a vendor completes a SPIS it creates the relationship necessary in law to hold a vendor legally responsible if the information contained in the SPIS is wrong or misleading. Although the buyer has a duty to investigate, the buyer is not

required to challenge the honesty of the vendor and is entitled to rely on the representations made by the vendor as though they were true. A recent decision (Ménard. v Parsons, 2015 ONSC 4123 [CanLII]) illustrates how the courts are willing to expand the vendor’s obligation to make full and fair disclosure once they have elected to complete a SPIS. In Ménard, the property in question was a beautiful home that had been constructed by the vendor on two large manicured lots. The only catch is that the home was built on top of a discontinued landfill site, a fact well known to the vendor. The vendor completed a SPIS. The two pertinent questions and answers for the purpose of the litigation were as follows: 1. “Are you aware of possible environmental problems or soil contamination of any kind on the property or in the immediate area? E.g.: radon gas, toxic waste, underground gasoline or fuel tanks etc.” Answer: “Unknown”

2. Are there any existing or proposed waste dumps, disposal sites or landfills in the immediate area? Answer: “Yes” Of particular interest for this article is how the court treated the answer to question number two. Around the time of the transaction there was a “notorious battle” in town and the surrounding area concerning the prospect of a chemical disposal site being constructed. This battle was constantly in the local news. The purchasers testified at trial that they believed the answer to question two to be in reference to the proposed chemical disposal site. The court held at trial that answering “yes” without any further explanation in the circumstances of this transaction was misleading to the point that it constituted a legal misrepresentation. The purchasers discovered the existence of the discontinued landfill prior to the closing of the transaction and refused to close. The vendor ultimately sold the proper-

ty to another purchaser for $100,000 less and sued the initial purchasers for the loss. The court dismissed the plaintiff’s claim and awarded the initial purchasers their out of pocket expenses in respect of the aborted transaction for a number of reasons, including the misrepresentation that was held to have been made in respect of question number two. The Ménard decision and the court’s treatment of the answer to question number two is demonstrative of the risks that vendors expose themselves to by completing a SPIS. Matt Maurer is an accomplished trial and appellate lawyer with nearly a decade of experience advocating on behalf of his clients. He is a regular contributor to print and online media publications on issues pertaining to real estate disputes and issues affecting the practice of law and access to justice. He is with Minden Gross LLP in Toronto. www.mindengross.com/our-people/details/mattmaurer REM

Spell check isn’t always your friend By Peggy Blair

uto-correct is not always our friend, colleagues, as demonstrated in this new listing: “This spacious property was formally a bakery.” Although there is something rather charming about a “formal” bakery, don’t you think? I have visions of tuxedos and cupcakes. Or this one from Linda Porrit of Century 21 Infinite Realty in Oshawa: “Live in the quaint village of Port Hope with its shops and cages!” I have to say that sounds like something out of an episode of The Walking Dead. Yikes. There are times when the salesperson is searching for just the right word and comes up with something close but not quite what they

intended. As in this listing submitted by Barbara Jacobsen of Re/Max All-Stars Brokerage in Keswick, Ont., which pitches a house with a “coiffeured” ceiling. I suppose it has “well-manicured” grounds too. Bada-boom. Similarly, this new Ottawa listing touts a large dining room “with room for buffet hutch, amour, or showcase your wine collection.” Now an armoire would be nice, but a room big enough for love? I just hope it holds a big dining room table. This recent listing made me laugh out loud: “Patio fun included!” What a great selling point! Wouldn’t you love to know that your outdoor parties would always be a success? In this unintentional gem, the “Lovely breakfast room just off the kitchen enjoys the views.” Good to know the kitchen is having a good time even when the owners aren’t home. Real estate agents are creative folks, often trying to pack as much

information as possible into a limited space. Stephen Frazee, a broker with Re/Max Ultimate Realty in Toronto, recently came across a new listing that had this compact word to describe a rental: “Furnitured.” That gives me lots of ideas for listings of my own: “This kitchen is not only ceramic-tiled, it’s totally sinked!” Speaking of kitchens, those darn typos get us all the time: “For the chef in the family the upgraded kitchen has ample cabinetry accepted with stainless steel hardware.” Nice. I’d hate to see a kitchen that disagreed with the owner’s finishes. I love a unit that’s big enough to wander through, don’t you? This recent Ottawa listing gives a whole new meaning to a walk-in closet. “A sizable cupboard within the unit in addition to this room & locker on the lower level provides amble storage space.” I’m sure NASA would enjoy this listing: “Delightful setting backing onto open space park set-

ting.” Or this one with its “contemporary floating open concept.” For some reason, I have visions of Matt Damon or George Clooney in space suits. Which isn’t a bad mental image. Now if I could just get one of them to float into that dining room.... Speaking of people floating around, I ran across this rather spirited listing with photographs that were captioned “The Master Suite from one angel” and “Auxiliary bedroom from another angel.” Lucky agent to have that kind of high level help; some of us have to use photographers. But in this listing, it was the way that ownership was described that made me laugh: “Approx. owner is paying for the new windows special assessment.” Now I’ve never heard of an “approximate” owner before, but hey, at least they’re paying. Unlike the washer and dryer that were squatting in this Carleton Place listing: “Main bath is occupied by laundry facilities.” Now those could

be hard to move. Constance McCrae of Royal LePage Team Realty in Ottawa found two listings that struck her funny bone. She came across this intriguing enticement in another listing: “Move in, sit down and raise your family.” Then she stumbled across this one for a property in Carp, Ont., which referred to the address as being on “Old Crap Road” in the neighbourhood of “Crap.” It also indicated, however, that there was “no sewer connected,” which might explain the problem. Ouch. Peggy Blair is a sales representative with Royal LePage Team Realty in Ottawa. A former lawyer, she is the award-winning author of the Inspector Ramirez series published by Penguin Canada and Simon and Schuster Canada as well as internationally. Her most recent book, Hungry Ghosts, is now in bookstores. If you come across any real estate bloopers that tickle your funny bone, be sure to send them to her at peggyblair@royallepage.ca. REM

12 REM DECEMBER 2015

Mortgage broker: Service provider or product peddler? By Lorne Collis

he role of a mortgage broker is to provide their client with the best possible mortgage for which they qualify. That doesn’t always translate into the lowest rate. But GDS, TDS, LTV and all of the other industry acronyms aside, what is the best mortgage for your client? And what do you need to do to arrange it for them? The first question a client (or real estate agent) will ask is, “What is your rate?” Anyone who provides a number without asking some questions first is doing a disservice to their potential clients. But the rate is the rate is the rate. Or is it? Financial institutions advertise a posted rate. Who pays the posted rate? Anyone who doesn’t ask if the institution can do better (more on this later). There are a number of websites that advertise mortgage

rates well below “posted rates”. Many of these discounted rates are available to most mortgage brokers (and the public). Some rates are even lower. How do you get those rates? In many instances, the broker is buying down the rate with his commission. A good deal for the client? Maybe. If you are shopping on rate alone, you may discover surprises later on. It’s like buying a car. The car is advertised at $10,000. Are you planning to drive it? You will need an engine and some wheels. Suddenly, that car costs $20,000. Let’s say mortgages are advertised at 1.9 per cent. Do you plan on moving in the next five years? If so, this may not be the right product for you. The penalties to break a contract mid-term could be excessive. In Ontario, the Financial Services Commission requires that mortgage brokers take steps to ensure the mortgage arranged is “suitable” for their client. (Similar legislation is in place across Canada.) What is the difference between “qualified” and “suitable”?

The lender says, “You can have it.” The borrower says, “I’ll take it.” So who are we to tell them it is not suitable? Knowing the differences between lender products, as well as having a sound understanding of the clients’ circumstances, could prevent a lot a grief and expense in the future. It’s not just the penalties for breaking a contract that we need to be concerned with. There are certain qualifying ratios that the industry uses when approving mortgages. Just because someone qualifies for a mortgage, doesn’t mean they are comfortable carrying that much of a debt load. What if their circumstances were to change? (Loss of job, loss of income due to maternity leave, higher interest rates.) A prudent mortgage broker will initiate these discussions before asking their clients to commit to taking on additional debt. Posted rates play a huge part in calculating pre-payment penalties. Most people are under the impression a mortgage is open on a threemonth interest penalty. A mort-

gage is a contract. You agree to pay interest at a set rate, for a set term. If the mortgage does not specifically address early payout, you could be required to pay interest until maturity. Most mortgages require a payment of the GREATER of three month’s interest or the interest rate differential (IRD) for the remainder of the term. How does one calculate the IRD? There are no rules. The lender can use any calculation they choose. This is where posted rate MAY affect your client. If they have a discounted mortgage, the lender may look to re-coup the discount as part of their calculation. It is not as simple as difference in rates over the remaining term. A prudent mortgage broker will explain these nuances as part of the interview process. The mortgage industry is changing. Technology is changing the way business is done. Lenders are tripping over themselves to give discounts in the hopes of attracting new clients (only to reward loyalty by offering the posted rate on renewal to those same clients who religiously made pay-

Write a blog that people are dying to read By Kim Rempel

s a real estate professional, you know clients are researching agents online and they’re probably not finding you. You’ve known for a while that your website is in need of decent content, but blogging is driving you nuts. It seems like there’s not enough time to sit and write. Even if you had time, you don’t have the foggiest clue what to say. I have good news. It doesn’t have to be this way. Let’s take all the doubt and frus-

tration and complication out of this thing and get straight to the bottom line. People don’t just read things they’re interested in – they scour the Internet for them every single day. Are you there, helping them with their problems? If you are, they’ll find you. But before you put fingers to keyboard, you need to know something. The biggest secret I have learned – and the one most business people miss – is that the post you are about to write is not about you. It’s about your reader. What do THEY Google? What are THEY afraid of that they would love to have some control over? What do THEY think is funny? What do THEY want to know how to do?

Talk to them about it. Solve their problem, give them that win, and you’ll win too. With that secret securely under your belt, writing an awesome real estate related blog post becomes much easier. To start, consider your ideal reader – who are they? What do they need? How can you be the answer to their most pressing problem or question? Then think of who you are, and how you want to communicate. If you’re the crass, tell-it-like-it-is type who kind of enjoys stepping on people’s toes, you might want to go for the brash shocking headlines and controversial topics. If you’re the soft-hearted counsellor at heart, you might want to address emotions and stresses involved with

buyer/seller experiences, or address readers’ fears. With your brand new readersfirst mindset, and the awareness of who you are, give this exercise a go. Chances are you’ll end up with an awesome post people are dying to read. What is the longest/funniest/ weirdest deal you ever did? Remember, you’re answering this question in a way that offers the reader value. Your reader may want highly researched facts, or prefer amusement. They may crave inspirational stories that make them cry or laugh. You’ll find out what kind of audience you have as you watch them respond to your articles. This is probably the easiest kind of post to write, because it’s straight-

ments for the past 60 months). Brokers are discounting the rates even more, using rate-comparison websites. Information for consumers is everywhere (and it must be true, because it is on the Internet). Lenders are promising commitments within four hours of applying (though not necessarily consecutive hours). And in all this rush to save money quickly, the world around us is becoming more complex. Your client is about to make one of the biggest financial decisions of their life. What’s the rush? Slow down. Get all the information you need from a trained professional. They have a fiduciary responsibility to help your client make the right decision. Don’t be blinded by the rate. A mortgage is more than a number. Lorne Collis is a retired consultant to the mortgage broker industry. Over his 45-year career, Lorne worked as a mortgage broker, mortgage lender, association executive, event manager, author and educator. lorne@kitservices.ca REM up storytelling. Just by being a weird or funny story, amusement is built in. (And who doesn’t enjoy amusement?) Yet the subtle message the reader receives is that you are experienced, can weather weird or awkward circumstances well, are interesting, and are honest and transparent enough to share it, but respectful enough of your clients to preserve their privacy and dignity. You’re just that awesome. And they got all that from a story! Blogging is the new marketing leverage your business needs to be an ever present help in your potential clients’ troubles. They’re online, looking for solutions, seeking professionals to help them. Are you there? Kim Rempel, investor, writer, and entrepreneur, helps real estate professionals and business owners create content that gets attention. She says, “Leverage what you know to help your business grow. That’s the power of content.” www.KimberlyDawn Rempel.com REM

14 REM DECEMBER 2015

TREB, Competition Bureau present final submissions L

awyers for the Commissioner of Competition and the Toronto Real Estate Board (TREB) presented an overview of their final submissions to the Competition Tribunal in Ottawa recently. Both sides had handed in their complete written final submission packages to the three-member panel days earlier. Counsel John Rook reinforced the Competition Bureau’s position, stating it believes TREB has substantial or complete control of real estate brokerage services in the GTA; that TREB has exercised that control in a manner that has had the effect of creating or maintaining its market power to the benefit of its members; and that this has substantially lessened competition in the real estate marketplace. He spent the morning challenging TREB’s assertion that it does not have market power and cannot influence competition in the market. “In my submission, there is no force to (TREB’s) arguments,” said Rook, adding later that “TREB has the power to dictate the manner in which Realtors carry on business in the market and it’s

beyond the balance of probability. I see no issue whether the board has market power and is exercising that market power.” Rook also argued that TREB’s actions could be considered overwhelmingly disciplinary, predatory or exclusionary, in part, because TREB is protecting its members from allowing full information virtual office websites (VOWs). He also dismissed TREB’s privacy concerns, citing that the information under dispute is publically available through Ontario’s land registry system; that the information is available from real estate brokers; and that there are robust consents in place from both property buyers and sellers. TREB fell upon the privacy argument, suggested Rook, “to provide a smoke screen to avoid dealing with issues” like the disputed data and full information VOWs, even though it’s information consumers want to have and some Realtors want to make available. He pointed to Viewpoint Realty in Nova Scotia, which over the last five years has grown to become Nova Scotia’s largest real estate database. Viewpoint CEO and founder Bill McMullin attributes his success, in part, to making all information available to the

public. Viewpoint Realty’s website reinforces this position, stating to consumers, “We’re actually licensed as a brokerage in a number of other provinces but unfortunately we’re yet not able to offer Viewpoint in these provinces because real estate boards and other data suppliers want to restrict you from having convenient access to property and listing data. It seems they want to force you to call a real estate agent.” TREB counsel Don Affleck countered by saying that private life as previous generations knew it is now just a matter of “private for how long?” He said the Canadian Charter of Rights and Freedoms grants reasonable expectation of privacy and that western legal systems recognize this expectation. “Do we control technology or does it control us?” asked Affleck. Affleck challenged the Competition Bureau’s position that TREB’s VOW policy was anti-competitive, suggesting that the evidence is “clear and abundant” that the policy is neither exclusionary nor disciplinary to members or entrants who want to offer a VOW. He said there was no evidence presented to the panel that presented the competitive

impact of full informational VOWs, either in Canada or the U.S. “If (full informational VOWs) were considered a disruptive technology that would have a competitive impact on the market, surely there would be data from either the U.S. or Halifax, but no empirical data was presented at this tribunal,” Affleck said. Affleck also spent time tackling the privacy concern by presenting a historical chronology of privacy policy development and relevant case precedent, ending with a 2012 quote from U.S. President Barack Obama: “One thing should be clear, even though we live in a world in which we share personal information more freely than in the past, we must reject the conclusion that privacy is an outmoded value. It has been at the heart of our democracy from its inception, and we need it now more than ever.” TREB counsel David Vaillancourt spent some time addressing the economics of market power and the lessening of competition, repeating to the tribunal that the evidence shows TREB does not have any market power, nor does TREB exercise influence against its members or

prevent any barriers to entry in the real estate market. “Any barriers are set by the regulators, not TREB, and a governance structure is in place,” said Vaillancourt. He also noted that the term “market power” has a specific technical meaning, explaining that the “guidelines say you cannot have market power where firms are competing vigorously with each other, and that is what the evidence has shown.” Addressing copyright, Vaillancourt stated it was TREB’s position that it owns the copyright to the MLS database, adding that “it is worth stressing it is an incredibly low bar to get copyright protection.” CREA counsel Sandra Forbes also challenged the Competition Bureau’s position that North American brokerages always provide historical MLS data whenever they are permitted to do so, as well the belief that when the data is offered by a full information VOW, it is the most accessed information. She stated that there was no evidence presented to the tribunal to show how valuable sold information was to a consumer in relation Continued on page 16

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IS WHAT WE DO Are you looking to grow your referral business? As the largest national real estate company in Canada, Royal LePage connects you to our more than 16,000 Realtors® nationwide, and to tens of thousands more through our U.S. and international referral relationships. Our suite of powerful networking and referral tools, coupled with the networking opportunities available through our many regional and national events, help you create long-lasting referral relationships that grow your business. Get connected. Join Canada’s real estate company. royallepage.ca/joinus

royallepage.ca/joinus This is not intended as an offer to sell or a solicitation of an offer to buy, including a solicitation of any sales representatives or broker that is currently under contract. All offices are independently owned and operated, except those marked as “Royal LePage Real Estate Services Ltd., Brokerage”, “Royal LePage West Real Estate Services” and “Royal LePage Sussex”. Any copying, reproduction, distribution or other use of these materials is prohibited. ©2015 Brookfield Real Estate Services Manager Limited. All rights reserved.

16 REM DECEMBER 2015

TREB, Competition Continued from page 14

CONNECT WITH THE BEST When your company aligns with Leading Real Estate Companies of the World®, you have access to world-class conferences and networking events – where you can connect and learn with the best real estate professionals in global destinations like Las Vegas, Shanghai, Dubrovnik, Berlin, and Miami. These events are part of a full suite of business-enhancing programs we offer top independent firms from Canada and around the world – supporting local success with unparalleled global connections. If you are a leader of an independent company, we invite you to learn more about the value of aligning with Leading Real Estate ® Companies of the World . Contact Sheila Barr: sbarr@LeadingRE.com or 312.361.8632.

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to other listing information. She also challenged the significance of Viewpoint offering sold data on its VOW to explain the company’s success. She said not only was no evidence presented to the tribunal to suggest it played a part, but that Viewpoint’s growth and success might instead be because of the quality of its agents, effective management or its website’s innovative features. “It’s a big leap to say that (Viewpoint) has five per cent of all current listings throughout Nova Scotia because of (sold data) on their website,” said Forbes. “There isn’t any evidence to support that.” In addressing the popularity of Viewpoint Realty’s website in comparison to realtor.ca, Forbes repeated that there was no evidence presented to suggest it was because Viewpoint offered sold data, saying “it could be because Viewpoint is viewed as an

expert in Nova Scotia.” Addressing privacy issues, Forbes said the panel had evidence that many consumers don’t want their transactions advertised on the web or otherwise, and that, at the very least, it was debatable whether the current consent clauses were adequate to display the disputed information on the Internet in accordance with privacy legislation. “CREA has a valid interest in making sure it is not associated with a violation of privacy laws and regulations,” said Forbes. “There is a difference between disputed fields being available for everyone, who may have no interest in buying or selling (real estate), or for brokers who can use the information and disseminate it their own discretion.” At the end of the hearing, Chief Justice Paul Crampton gave TREB and the Competition Bureau until Dec. 2 to come to an agreement on hearing costs before the tribunal renders its decision. REM

Industry revenue was $10.4 billion in 2013 Real estate appraisers reported total operating revenue of $759.6 million

tatistics Canada recently released a report that says total operating revenue for the real estate agents and brokers industry group was $10.4 billion in 2013. Total operating expenses were $7.7 billion, yielding an operating profit margin of 25.7 per cent. It says Ontario has the largest real estate market in Canada, accounting for 51.6 per cent of total operating revenue earned by real estate agents and brokers, followed by British Columbia at 14.6 per cent, Quebec at 14.1 per cent and Alberta at 12.4 per cent. Subcontract expenses, which included the commission expenses paid to other brokers, accounted for 30.5 per cent of operating expenses. Salaries, wages, commissions and benefits accounted for 15.7 per cent. Real estate appraisers reported total operating revenue of $759.6 million in 2013. Total operating expenses were $659.7 million resulting in an operating profit margin of 13.2 per cent, says the agency. REM

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20 REM DECEMBER 2015

Take the fear out of buyer agreements

A WELCOME ADDITION TO OUR CANADIAN NETWORK The Coldwell Banker ® network is pleased to welcome the established Grande Prairie, Alberta brokerage formerly known as NetHomes Realty to our Canadian system. Our new affiliate will operate as Coldwell Banker Excellence Realty under the leadership of owners Curtis and Chelsey Burbee. The full-service company and its experienced sales representatives join our global network of over 3,000 real estate offices and 86,000 affiliated agents worldwide.

“After carefully considering all the options available to us, we chose the Coldwell Banker system because it offers the high level of service and depth of resources to help us grow within our market. We look forward to offering a level of customer service that we believe has never been seen before in Grande Prairie.” - Curtis Burbee, Broker of Record

By Deep Singh

common question in my real estate sales rep coaching sessions goes as fol-

lows: “When should I introduce a buyer agreement with my client? I don’t want to scare them away, but I do want a commitment from them.” It’s a fair question, and one that has plagued many real estate professionals out on an initial showing with a new customer. There they are after a property viewing, staring at their prospect, hoping they’ll appreciate this piece of paper that shouts, “I’m a contract and I’m going to lock you in!” No wonder they’re scared. They’re scared because we talk about the buyer agreement as a form of commitment. A contract that ties them to us. It’s a hard sell, and the reason is because we talk about what we get out of it, and share nothing of value to the buyer. If you’re talking about buyer agreements in terms of what you

What’s

Curtis & Chelsey Burbee, Broker/Owners Coldwell Banker Excellence Realty Grande Prairie, AB 1.780.933-1356 Join us in welcoming Owners Curtis and Chelsey Burbee and the experienced professionals of Coldwell Banker Excellence Realty.

For a confidential conversation about franchise opportunities with the Coldwell Banker® system in Canada, call: Mark Lindsey, Regional Vice President, Franchise Sales, or Andy Puthon, President, Coldwell Banker Canada 1.800.268.9599

www.coldwellbanker.ca

© 2015 Coldwell Banker 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. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations. Any use of the term “sales associate” or “agent” shall be replaced with the term “sales representative” in Canada.

New L

istCentral, a subsidiary of Lone Wolf Real Estate Technologies, has formed a partnership with Prospects Software that gives real estate professionals in the Barrie, Southern

get out of it, then you need to stop doing that and promise never to do it again. Think about it from your client’s perspective. If you were the buyer, how would you feel about signing something that doesn’t help you in any obvious way but does guarantee the sales rep gets paid? You wouldn’t sign one, and nor would I. Instead, focus on how the buyer agreement helps them. Usually self-help articles stop here, but I’m going to go further in detailing exactly what you need to say. Tell them a buyer agreement: • locks me into helping to answer all of your questions, and fast! • means no more scouring the Internet for answers or for reliable phone numbers of random agents. • ties me into prioritizing you above my other commitments. • gives you the flexibility to hire and fire if required. Tell your clients that if they are not happy with the service they are getting, they can cancel the agreement on the spot and find some-

one else. They are finally in charge. Tell them there is nothing more annoying than having to wait hours for an answer to a pressing question about a home inspection, from your licensed brotherin-law you promised your sister you’d use for your real estate transaction. There are plenty more reasons that a buyer should demand a buyer agreement from you. I brainstorm them on my coaching sessions all of the time. Follow my advice and take the fear out of the buyer agreement. Your buyers will actually demand to sign one! Deep Singh is a real estate business coach and start-up consultant. Deep built the marketing campaign that lead to Zolo.ca being one of the most trafficked listings sites in Canada. Deep currently coaches real estate agents in generating sustainable businesses for themselves. www.deepsingh.org; email deep@deepsingh.ca; Linked-in www.linkedin.com/in/deepsingh1 REM

Joint venture connects boards Georgian Bay, The Lakelands and Owen Sound Grey Bruce real estate boards connectivity on their mobile devices. The joint venture provides members of the four real estate boards with the ability to search across a regional area. The deal also means enhanced search capabilities across different boards with the Prospects Mobile Application. The partnership “expands our unique search integration options and illustrates our capabilities, working with partners to provide enhanced services to real estate boards across Canada,” says Joel Shears, executive vice president,

MLS/associations for Lone Wolf. Prospects Mobile, a popular mobile app, is now available to more than 40,000 members of real estate boards in Canada and 80,000 agents in the U.S. “Merging the data of four different real estate boards was a real challenge for our team, but was definitely worth the effort as it is a fantastic feature for members,” says Charles Drouin, president and CEO of Prospects Software. Positioned to expand Canadawide, ListCentral says it is working to support regionalization initiatives with as little impact to boards as possible. REM

Canada’s Millionaire Real Estate Agent Maker Craig Proctor is on a mission to create 1,000 new Millionaire Agents in the next 36 months. By Dione Irwin & Paul Seib

hen we first started in Real Estate almost 5 years ago, we were of the distinct impression that the phone would just start ringing because friends and family knew we were in the business and the word would travel. We quickly learned this was NOT the case. One of the Top Producers in our office readily told us his success had come about because of Craig Proctor’s Millionaire Real Estate Agent System. We were intrigued and decided to explore the program. The first SuperConference we attended was almost 5 years ago and at that time I had just become a Realtor and Dione didn’t even have her license yet. We remember sitting at the

Conference saying, ‘We can do this!!’ We wanted to do well right from the beginning so we embraced what Craig taught us. Frankly, everything changed once we did. 2011 was our first full year in real estate and we completed 65 transactions. The next year, 2012, we almost tripled that. 2013 was a big year for us. We got married in January, built and moved into a new house, took twice as many vacations as the year before and in January 2014 we had our first baby. Craig showed us how to market ourselves so consumers understood how we were different and better than other Realtors we competed against. He also showed us his recruitment and referral programs and, most importantly, how

Paul Seib and Dione Irwin from Airdrie, AB (www.DioneIrwin.com) w started from nothing 5 years ago and last year earned GCI of $1.87 Million after implementing Proctor’s Millionaire Real Estate Agent System

Craig Proctor became Canada’s youngest millionaire agent in his 20’s. Since then, he has created more Millionaire Agents than any other agent or trainer. Period.

to implement an incredibly predictable Lead Generation System stretched across 5 distinct mediums. We have so much to be thankful for. We’ve gone from $250k GCI all the way up to $650k GCI after we expanded our team, and our GCI last year was $1.87 Million. This has created freedom for our family. We’re able to give to other people, put more money into marketing, take better care of our clients and become a really strong force in our city. In our wildest dreams, we never thought we could be where we are in our real estate careers and in our lives. If you’re having any doubt about the Craig Proctor Program, you need to push that aside and you need to just do it because you’re going to reap the benefits and you’re going to help people around you as well.

“In our wildest dreams, we Proctor here. never thought we could be WhatHi,if Craig I told you that you EASILY increase where we are in our Real Estate could your income from real estate the way Paul and Dione careers and in our lives.” n

have if you will take only THREE simple actions. I was the top agent in Canada for over a decade, and the number one Re/ Max agent in the world several times, and top 10 for more than 20 years. No one can even come close to matching my track record. This invitation is only for you if you place a high value on successful experience. On methods that are working now but have also proven themselves in every kind of market over time and can be counted on. I know from that experience that this market is good enough, just about everywhere, to reward an agent with a solid 6-7 figure income and, yes, thousands of my students are easily earning $1 Million + in GCI and there’s no reason you can’t do the same. Of course, a lot of people would rather have a good excuse than a good plan, but I’ll tell you: there is no legitimate excuse for not having all the good prospects and clients coming to you right now, for you to earn the big numbers my successful students are earning and still work

sane hours, have a real personal or family life, and be able to “enforce” your time off with your cell-phone off without the desperate fear of loss that comes with poor positioning and unpredictable income. Listen, aren’t you SICK AND TIRED of the worry and anxiety of income uncertainty? Of defending your career to spouse or family or relatives at holidays – and to yourself? Of believing others are making more, easier, and wondering what’s wrong with you? Of being stuck at a level you can’t rise above? Of feast ‘n celebration, then months of famine? Maybe worse: being “successful” but still feeling anxious about it, trapped by it, working much harder for it than you should have to? I literally re-invented real estate once, and made myself a multi-millionaire agent by doing so. Now I’m doing it again, and the new video presentation I’ve posted for you at: BecomeAMillionaireAgent.com

tells you my “back story” but more importantly, tells you how I’m reinventing the real estate business…..basically putting my very proven system on steroids, and tells you how you can be a part of it. Watch for yourself now at: BecomeAMillionaireAgent.com

22 REM DECEMBER 2015

Inside Right At Home’s new office branding

Right At Home co-founder Howard Drukarsh says the company’s new retail-oriented offices buck the trend of encouraging agents to work from their homes. By Susan Doran

“We’re investing heavily not just in technology but in our work space,” says Howard Drukarsh.

anada’s largest independent real estate brokerage, Right At Home Realty, is about to open its new flagship office next door to the Toronto Real Estate Board (TREB). And that’s definitely not a coincidence. When it’s pointed out to Howard Drukarsh, Right At Home’s co-founder/president/ broker of record, that being TREB’s immediate neighbour in Toronto’s Don Mills neighbourhood is bound to be helpful in the recruitment of sales reps, his tongue-in-cheek reply is, “Oh really? I never thought of that.” The truth of course is that, as with most of its endeavours, Right At Home has definitely thought things through. “Our new flagship Toronto office is literally eight feet from TREB. It’s a competitive business and we were smart enough to get that location,” says Drukarsh. “Why not be next door to TREB, where everyone who’s a member has to go to take orientation?” It’s a savvy move and there’s no mistaking the “in-yourface” factor. Drukarsh, a TREB director himself, is well aware that his company’s new office can’t possibly be missed by

TREB members. Right At Home can be excused for flaunting its own success. The company’s business model (which rather than commission splitting involves agents paying only low transaction and monthly fees) initially led many to dismiss Right At Home as merely a discount brokerage. Now, with the company’s success and multiple offices, people tend to mistakenly think that Right At Home is an American franchise, Drukarsh says. He and the rest of the management team are keen for the company to be recognized for what it is, and are taking steps to be sure that happens. “We are wholly Canadian owned and operated,” Drukarsh says. “Since 2013 we’ve been TREB’s No. 1 brokerage for combined units sold....We’re the largest independent in Canada – I’d like to see anyone prove otherwise....We are extremely well financed and run as a corporation, with a board of five experienced successful business people… At 3,000 agents, there are no other independents our size, and other independents are not multi-office corporations like we are. So there is no

Long “community tables” allow agents to work on their own or collaborate with other sales reps.

competition in our space. There is lots of opportunity left for us.” The firm’s new 2,400-squarefoot flagship office, scheduled to open by the end of this year, is part of a major re-branding drive currently underway at the company. A similar and equally stunning design treatment is planned for Right At Home’s five other offices, located throughout the Greater Toronto Area. “We are adding more value to our proposition,” Drukarsh says, adding that each of the office redesigns will cost “many hundreds of thousands of dollars.” The company plans to expand into new offices and areas as well. Leading-edge office design is a pivotal component of the branding effort and will include big bright glass spaces; huge video walls; iPads mounted around the reception area; and impressive work areas and client and training rooms. “When we started out in 2004 we had a limited budget and our offices reflected that,” says Drukarsh. “Now we are a retail-like brand with offices on busy streets or in busy malls. There’s a sense of difference in this – in not looking or feeling

like a real estate office.” Many of the re-designed, strategically located storefronttype spaces planned are relatively vast – 3,000 square feet for the Burlington office, and 4,000 square feet for the Mississauga office. “That’s like a small Loblaws in size,” says Drukarsh. “We want new. We want awareness,” he says “We think we are designing the future of the real estate office.” In today’s world, technology is a big part of that future. “In addition to the systems we place in our offices, we’ve invested in the most recent methods for agents to use the Internet and process transactions. And we have our own, very active call centre that allows us to control quality,” says Drukarsh. “We’re investing heavily not just in technology but in our work space,” he continues, “going from office to retail space – and not just retail space, but very unique retail space and all the benefits that entails.” One anticipated advantage is increased walk-in traffic. Rather than being invisible at the back of the office, agents’ work stations will be at the

front where they can be seen by passersby, with the hope that this stimulates interaction. “We’ll have offices where people will actually want to come in and talk,” says Drukarsh. He’s referring to both consumers and sales reps, since with the dominance of the Internet, many agents don’t come into the office much anymore. But Drukarsh says that when they do, at Right At Home they will hopefully find that the long “community tables” where they can work on their own or collaborate with other sales reps will promote a sense of belonging. “We looked at how successful retail operations like Starbucks do it,” he says. That’s the kind of atmosphere Right At Home is aiming for in its offices. Drukarsh is aware that in many ways, Right At Home is going against a growing trend to close/consolidate offices. “We started out as a game changer with our business model and now we’re looking at technology as a game changer as well as our physical space,” he says. “We started out changing the way people do real estate and now continue to do so, and to do the things we do well.” REM

24 REM DECEMBER 2015

STOP SELLING HOUSES & START MAKING MONEY

By Debbie Hanlon

n my last column we talked about habits – what they are, how we develop them and the impact they have on our lives. I explained that a sales rep who I coach was the impetus for me to learn all I could about habits and I shared those findings with you. The most important thing I learned was that a habit is made of three distinct parts: a cue, a routine and a reward. How could I possibly put my new-found knowledge to work to help the sales rep I was coaching change the bad habits she had developed over a fairly successful

Developing habits with rewards career? Great question, glad you asked. Let’s start with discussing the worst habit she had developed and then we’ll look at ways she could change that habit. It’s important to remember from the get-go that this sales rep was doing pretty well, she was active, had regular sales and attracted new clients. It’s even more important to remember that no matter how well you’re doing, you can do better. Always keep that in mind as a driving force in your career so you don’t become complacent and lose your edge against the growing competition. That’s pretty much what my sales rep was experiencing. After discussing this with her I realized that the one habit we would have to change to get her career to the next level was one she had developed following a sale. Like most salespeople in this ultracompetitive industry, she only looked as far as the sale she was working on. Once the deal closed and she had her cheque, she would simply enjoy the fruits of her

labour and go in search of her next deal. She had done dozens of deals and treated each one pretty much as a process involving getting the listing, working to sell it and then closing the deal. So let’s look at that process as a habit. The cue is the need for a new listing, the routine is to sell it and the reward is the money she made by doing so. So which of these can we change so that she develops a healthier habit that makes her even more successful? The cue is pretty standard – we all need listings no matter how many we have. Can’t really change that. Same for the routine, we work very hard to sell inventory. Can’t really change that either. So that leaves us with the reward. How could we change the reward from money to something else and what else could it possibly be? Well, the reward is pretty much always money. We’re in this industry and we work very hard to make a living. Now, what if we could put another reward in place that not

only saved us from the habit of treating each deal as a separate thing with a clearly defined beginning, middle and end, but also made us more money? A lot more money. After I had explained to the sales rep that by making one simple change she could open up the possibility of a lot more success, a lot more rewards, she agreed to give it a try. The new reward, I explained, would be growing her business as opposed to simply getting a cheque and then looking for the next cheque. With this new habit the cheques would come looking for her. From now on, instead of thinking of a closed deal as closed, the sale would become a step in a longer routine with a new reward. A whole new habit. After a sale closed she would put the client’s contact info into a VIP folder in her database. Those clients would be sent birthday cards, small Christmas gifts and a little something on the anniversary of the closing. The new reward

would be watching her database grow and the new business it would bring. When someone asked one of her clients who their real estate agent was, she wouldn’t be just a name, she’d be that OMG agent who still kept in touch and still sent small gifts. There’s no such thing as a past client, I told her, just clients who will pass our names on to others. That kind of advertising is priceless. It’s also very economical. You really should get in the habit of using it. Debbie Hanlon is a real estate broker who has helped train hundreds of sales reps and brokered and managed a national real estate franchise. She also founded an independent real estate firm. Currently she coaches sales reps all over the world. She is the CEO of All Knight Inc, a global educational mobile company, as well as a published children’s author and the creator of the national I’m No Bully Show. https://www.facebook.com/missdebbieandfriends REM

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26 REM DECEMBER 2015

Good Works T

his summer, in the heat and humidity of rural Cambodia, sales rep Jim Horner of Sutton Group - Heritage Realty in Oshawa, Ont. helped build 13 homes for people in need, many of them poor farmers. These were first homes for some. Each sturdy structure was built on four stilts with sheets of corrugated steel for the roof and walls and lumber for the floors. As basic as these homes are by Canadian standards, they provide vital shelter. Horner says he was especially moved to see an older Cambodian woman arrive to move into her new home. “All that she had in the world was a pot, a kettle and a tarp. She had no change of clothes, no pillow, no bed sheets, no nothing. It was devastating to see how so many Cambodians live compared to us. These are just poor, poor people.” Tabitha Foundation Cambodia purchases and delivers the building

supplies and provides guidance for volunteers who construct the homes. In the past 14 years, 9,222 houses have been built by 12,000 volunteers from around the world. For details, visit www.tabitha.ca. ■ ■ ■

Recently Exit Realty Group sales reps and their families in Belleville, Ont. spent the afternoon going door to door collecting food and sorting it for the Annual Gleaner’s Food Bank Thanksgiving Collection. The Gleaner’s Food Bank was the recipient of eight tonnes of food that day thanks to the efforts of many volunteers. This is the fourth year that the brokerage has contributed to this annual drive. ■ ■ ■

Avison Young offices across Canada took part in the company’s second annual Day of Giving recently. The employees in Avison

Young’s 71 offices in Canada, the U.S. and Europe dedicated the day to participating in volunteer projects in their respective cities. In Winnipeg, Avison Young representatives lent a hand to Norquay Elementary School. It is in the Inner City District, home to two out of the three poorest postal codes in the country. One in three students drops out of school before Grade 9. Avison Young’s volunteers were split into two teams. The “art” team went into various classes and with a pre-cut puzzle piece, asked the children to draw what their idea of giving would be. The pieces were put together as a mural on the walls throughout the school. The “sports” team went into the gym with the children to play soccer. AY also purchased popsicles and handed them out to all the students. Avison Young’s Vancouver staff volunteered at the Atira Women’s Resource Society’s Imouto Housing for Young Women facility, a low-barrier supportive housing project in the Downtown Eastside. AY staff spent the day repainting, landscaping and constructing a new patio deck and gazebo to accommodate a new barbecue. They also prepared care packages for each of the residents. ■ ■ ■

Staff and sales reps from Exit Realty Group in Belleville, Ont. went door to door collecting for the local food bank.

More than 80 participants joined Royal LePage Gardiner Realty in Fredericton, N.B. at the company’s second annual Walk a Mile in Her Shoes event. More than $18,000 was raised for their efforts as they took to the streets in bright red heels to raise awareness about sexualized violence against women. The funds support the Royal LePage Shelter Foundation, 100 per cent of which will be donated to local women’s shelter Women in Transition House. The organizing committee, led by Glenis Mahaney, is setting its sights on a $25,000 goal for next year’s event. ■ ■ ■

Four local transition homes for women and children starting over after experiencing domestic violence are beneficiaries of Royal LePage Coast Capital Realty’s golf event held recently. The event raised a goal-surpassing $24,876, all of which will be donated to local shelters through the Royal LePage Shelter Foundation. The event was attended by sales reps, clients, friends and business partners and organized by committee members Sarah West, Matt Green, Sharen Warde, Sandra Govender, Tara Lynn, Murray Lawson, Andrew Whidden and Larry Pistell.

■ ■ ■

It took just two hours for Saira Waters and Tasha Noble of Royal LePage Coast Capital Realty in Victoria, B.C. to raise $5,000 for the Royal LePage Shelter Foundation. After hosting their third annual Raise the Roof for Shelter, a cocktail party with a silent auction, all proceeds will be donated to The Cridge Centre for the Family, Victoria Women’s Transition House, Margaret Laurence House and the Sooke Women’s Transition Society. ■ ■ ■

James Hussaini, founder of Realty Point Brokerage Franchisor, recently announced that the company’s First Annual Dinner and Food Drive will take place on Dec. 3 at the Shiraz Restaurant in Richmond Hill, Ont. “Our food drive effort will not be a one-time occurrence. This will inaugurate the start of a regular food drive effort supported and promoted by our franchisee brokerages and our real estate sales agents throughout the year,” says Hussaini. For complete event and food drive details and to make a cash donation, visit www.realtypointfooddrive.org. REM From left, Royal LePage Gardiner Realty broker/owner Lincoln Thompson; Stephen Horsman, Member of the New Brunswick Legislative Assembly; Bob Powell, mayor of Oromocto; and Eric Megarity, Fredericton deputy mayor.

Jim Horner, right, helped build 13 homes in Cambodia.

Above: Avison Young’s Vancouver staff worked at the Imouto Housing for Young Women project.

Winnipeg’s Avison Young office helped out at the Norquay Elementary School on the Day of Giving.

At the 11th Annual Royal LePage Coast Capital Realty Golf Party, from left: Sales rep Bill Walters, broker/manager Bill Ethier, Blair Sturrock and Marlie Hill.

At the Raise the Roof for Shelter event in Victoria, from left: intern Kaylyn Kershaw, sales representatives Saira Waters and Tasha Noble and unlicensed assistant Laura Roberts.

28 REM DECEMBER 2015

Courts can evict condo owners for bad conduct It may surprise you that in more than a few cases, condo unit owners have been forced against their will to vacate and sell their units, under powers granted to courts under the Ontario Condominium Act, 1998. By Martin Rumack

n owner of a condominium unit may feel secure in the knowledge that he owns title to his little piece of the building and can do as he wishes, subject to certain reasonable rules and general constraints on use and behaviour that apply to all owners, and which are found in the condo corporation’s governing documentation (the declaration, bylaws and rules). But it may surprise you that in more than a few cases, condo unit owners have been forced against their will to vacate and sell their units, under powers granted to courts under the Ontario Condominium Act, 1998. While the circumstances are admittedly unusual, the common thread

among them is that courts were forced to take drastic measures against one misbehaving owner in order to effectively keep peace and harmony among the others. In these kinds of cases – which typically involve egregious, dangerous and disruptive owner behaviour over a period of time – the courts’ intervention will be prompted by an application by the condominium corporation itself, almost always after it has given the offending owner ample warning to stop. Courts must evaluate the behaviour against the provisions of the provincial condominium act to see whether it is “oppressive and unfairly prejudicial” towards either the corporation itself or the other owners. They will also scrutinize the provisions of the particular cor-

poration’s declaration, bylaws and rules, and will also consider whether the offending owners’ conduct poses a health risk. Once it has concluded that a particular unit owner is disruptive, unruly or unmanageable, the court has a spectrum of remedies at its disposal. While not the most common, the most drastic is for the court to force the intractable owner to vacate and sell his unit, almost always after several prior requests and warnings by the condominium corporation have gone unheeded. Even where the court-ordered remedy falls short of forcing the owner to sell and move out, courts will frequently force the owner to pay for any remediation or clean-up costs arising from his misconduct, and may even require payment of

the legal costs incurred by the condo corporation to bring the matter before the courts in the first place. For example, in a recent case, York Condominium Corporation No. 41 v. Schneider, 2015 ONSC 3919 (CanLII), the court declined to add the corporation’s legal costs to the common expenses, concluding that “to have the (condominium corporation) and the other unit holders bear the legal costs of this application, which are incurred due to the conduct of (one misbehaving unit owner), would be unfair.” A parade of troublemakers: So what kinds of situations will attract the courts’ intervention? A roundup of Ontario decisions from the past few years shows the types of owner misconduct that attracts a

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court-ordered, forced-sale remedy. One of the early cases in this category is Metro Toronto Condominium No. 747 and Natalia Korolekh, 2010 ONSC 4448 (CanLII). It involved an incorrigible and unmanageable unit owner in a senior citizens’ building. The court described her transgressions as “serious”. It includes physical assaults on other unit holders, acts of mischief against their property, racist and homophobic slurs and threats repeatedly made against other unit holders, playing extremely loud music at night, watching and bothering other unit holders and using her large and aggressive dog to frighten and intimidate other unit holders and their children, as well as failing to clean up the dog’s feces. After confirming that it had the requisite power under the act and the corporation’s own governing documents, the court ordered the owner to vacate and sell her unit within a stipulated period of time. The outcome was the same in a more recent case, York Condominium Corporation No. 301 v. James, 2014 ONSC 2638 (CanLII). The owner in question had a long list of worrisome and dangerous conduct, including starting two fires in her unit, threatening others and leaving human excrement on their doorsteps, punching someone in the face, exposing herself and making obscene gestures, and forcing her way into another owner’s unit. Even though the court found that the owner clearly had a mental illness, and commented that ordering her to sell her unit might impose hardship on her, it had no other choice. It had to keep in mind the welfare of the other men, women and children in the building “who have been confronted with behaviour that ranges from disturbing to disgusting to threatening.” In yet another decision featuring excrement (a recurring theme?), the case of Peel Condominium Corp. v. Pereira, 2013 ONSC 7340 (CanLII), had a

REM DECEMBER 2015 29

different result. There, the offending unit owner engaged in many troubling incidents, but among the most disturbing was his established habit of throwing cat feces and litter from his balcony (and on one occasion, hitting a landscaper on the head with it). He blatantly denied the recurring behaviour, yet continued to do it even after he was repeatedly warned. He also failed to pay a $170 bill for cleaning up the litter, assaulted the building superintendent (which resulted in criminal charges that were later withdrawn), stole a bench from the building lobby (which was caught on surveillance video) and engaged in numerous incidents of verbal assaults of other residents and the property manager. Despite finding his conduct to be “extremely serious and troubling”, the court was more temperate in its ruling: it expressly ordered the owner to comply with the act, to abide by the condo corporation’s declaration, rules and bylaws and to refrain from future verbal or physical assaults and intimidation. Perhaps most importantly to the other owners, he was specifically ordered to refrain from throwing anything from his balcony in the future. However, the court cautioned that the breach of any of these conditions would result in a court-ordered immediate sale of the owner’s unit. Lesser misbehaviour counts too: These cases may not surprise you, since the owners’ misconduct clearly put the safety and right to peaceful enjoyment of other owners in jeopardy; it seems only fair that the collective rights of all owners should outweigh those of the individual. However, courts will readily step in even where the conduct is not so egregiously harmful to others. For example, in the earlier-mentioned case, York Condominium Corporation No. 41 v. Schneider, 2015 ONSC 3919 (CanLII), the problem was not excrement but rather cockroaches – an infestation of them – and a pair of unit owners who refused to comply with a prior court order requiring them to facilitate access to their unit to allow for clean-up. Specifically, the court had previously ordered the owners to allow condo corporation representatives and extermination crews to enter and clean the unit, and to carry out pest extermination measures. They were also ordered to keep the unit clean to avoid future

infestation and foul odours (for which they refused to accept responsibility and blamed on the neighbours’ cooking). Yet the owners completely refused to cooperate. Faced with this impasse, and since the owners had received numerous warnings in the past, the court had no choice but to order them to vacate and sell for the overall good of the owners and the corporation. Finally, it was contraband beer sales that prompted the court to intervene in a case called York Condominium Corporation No. 82 v. Singh, 2013 ONSC 2066 (CanLII). Despite repeated warnings from the condo corporation (which were wholly ignored), as well as prior court orders (which were deliberately and wilfully disobeyed), the owners continued to sell beer from within their unit to outside parties. The court found that this was not only illegal, but also breached the corporation’s declaration and rules. Moreover, it enabled “disorderly and often lawless activities” and some violence that took place in the common areas near the unit. The court ordered the owners to sell their unit, and also barred them from the complex, seeing it as the only way to ensure that the owners’ offending conduct would stop. What’s the bottom line? What these cases illustrate is that Ontario courts are more than willing to take drastic steps in the face of unreasonable, dangerous and intransigent misconduct by owners, particularly where it impinges on safety or on the enjoyment by others of their individual units or the condo development as a whole. More to the point, the decisions implicitly acknowledge that while condo unit owners have defined legal ownership rights, they still remain subject to a certain level of restriction on their conduct. These two competing rights and interests must sometimes be re-balanced; the Condominium Act, 1998 allows courts to step in and do so, when the greater good is at stake. Toronto lawyer Martin Rumack’s practice areas include real estate law, corporate and commercial law, wills, estates, powers of attorney, family law and civil litigation. He is co-author of Legal Responsibilities of Real Estate Agents, 3rd Edition, available at the TREB bookstore. Visit Martin Rumack’s website at www.martinrumack.com. REM

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30 REM DECEMBER 2015

the top 75 Century 21 sales producers across the country. He has earned the company’s top sales awards every year since 2006 and has been inducted into the Century 21 Masters Hall of Fame.

Profusion Realty wins international honours Richard Pochylko wins national Century 21 award “Pay attention to detail, work harder than the next guy and always play to win.” That’s the philosophy of Richard Pochylko of Century 21 Advantage in Red Deer, Alta., winner of the peernominated Century 21 Canada

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Sales Associate of the Year award for 2015. The award considers success around all aspects of a real estate career, including industry and community involvement and sales success. Pochylko was also recently voted Red Deer’s Best Realtor by his community in the Red Deer Express. He continually ranks in

Brian Rushton, Richard Pochylko and U. Gary Charlwood, founder and executive chairman of Century 21.

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Profusion Realty in Montreal has won top international honours in the Best Overall Marketing Package category at the recent Luxury Real Estate International Conference, held recently in Seattle. Who’s Who in Luxury Real Estate is an international network of real estate professionals in more than 70 countries representing industry leaders specializ-

Honourees and presenters of the Portage la Prairie and District Chamber of Commerce Outstanding Small Business Award, from left: Preston Meier, chamber emcee; Irvin Ferris, mayor, Portage la Prairie: Chris Bures, Robin Bailey and Warren Neufeld, partners at Royal LePage Portage Realty; and Ian Wishart, Member of the Legislative Assembly, Portage la Prairie.

Barry Lebow

John Brian Losh, chairman of Who’s Who in Luxury Real Estate, presents the award to Louise Rémillard, president of Profusion Realty.

Brian Rushton, Stephen Chow and U. Gary Charlwood. Lorne Weiss

Barry Lebow

REM DECEMBER 2015 31

ing in luxury residential estate and elite brokerage houses around the world. “We are proud of this international recognition” says Louise Rémillard, president of Profusion Realty. “Profusion’s objective is to offer the best visibility for the properties we represent and we are constantly striving to perfect not only our local and international marketing strategies but also our print media and webbased platforms.” The brokerage has grown to almost 50 brokers since it was founded in 2008.

Century 21 Atria Realty honoured Eleven years ago at the age of 27, Stephen Chow opened Century 21 Atria Realty in Toronto. Now his office has 260 sales reps at three locations. Chow’s firm was named Century 21’s 2105 Franchisee of the Year recently. The award considers all aspects of a Century 21 franchisee’s business practices, including industry and community involvement and sales success. Chow’s industry peers recently elected him vice president of the Century 21 Brokers’ Association of Ontario, Metropolitan Toronto Area. As well as impacting the local real estate market, he is also an active member of the Asian American Real Estate Association (AREAA).

REIC Toronto honours Natalka Falcomer, Barry Lebow Two REM columnists were recently honoured by the Real Estate Institute of Canada, Toronto Chapter. Natalka Falcomer, a Toronto lawyer and licensed real estate sales agent, was presented with the REIC Toronto Chapter Education Award. It is awarded for “demonstrated leadership, ingenuity and persistence specifically contributing to the professional advancement of the institute through the development of an educational program.” The recipient of the award is nominated for the national version, the Patrick J. Harvey Memorial Award. Barry Lebow, a 48-year real

estate veteran, was presented with the Creative Writing Award for 2015. “This is in recognition for my years of contributions on real estate topics to REM, to real estate publications across North America and my own blog,” says Lebow. The REIC Greening Award went to Stonebridge Building Group. The Community Services Award was presented to Gurcharan “Garry” Bhaura, broker of record at Century 21 President Realty. The Corporate Citizen of the Year Award went to Matrix Search Group, and the Alice Costantino Member of the Year Award was presented to Ron Fraser, vice president, capital planning, at Infrastructure Ontario.

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Royal LePage Portage Realty wins local award The Portage la Prairie and District Chamber of Commerce has named Royal LePage Portage Outstanding Small Business for 2015. Brokerage co-owner Warren Neufeld says it was an honour to take home the award because there were many worthy recipients. “It’s obviously gratifying to be recognized and have our company recognized,” Neufeld told the PortageOnline. “There were a lot of great people up there who were recognized, a lot of great companies doing great things. We’re just humbled to be in that group.”

Lorne Weiss receives first Brian M. Collie Award Recently Manitoba Real Estate Association presidentelect Michael Barrett surprised Manitoba Political Action Committee chair Lorne Weiss with a decision made by the MREA Board of Directors. Weiss is the first recipient of the Brian M. Collie Award for Individual Achievement in Provincial Advocacy. This award was named in memory of Brian M. Collie, the late CEO of MREA, to recognize and honour outstanding commitment and dedication to the profession’s political advocacy REM efforts.

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32 REM DECEMBER 2015

anitoba Premier Greg Selinger and Finance Minister Greg Dewar officially proclaimed the first Realtor Week in Manitoba history. A large group of Realtors gathered in the rotunda of the Manitoba Legislative Building Oct. 27 for the surprise special announcement. The official proclamation was signed by Dewar, who read it aloud. “Realtors are hands-on community builders that contribute to the multi-billion-dollar real estate industry in Manitoba by helping to support local and provincial economies through job creation and consumer spending,” Dewar said, before presenting the proclamation to

Roberta Weiss, MREA’s 2015 president. Selinger praised Realtors and the real estate industry for “ongoing community and economic development contributions that support and enable a better quality of life for all Manitobans,” says MREA. ■ ■ ■

Recently members of the Ottawa Real Estate Board participated in a Habitat for Humanity build on behalf of the Ontario Realtors Care Foundation. Habitat for Humanity GO (Greater Ottawa) is building four homes (two semi-detached and two single-family homes) in Orleans on Cousineau Street. They will be purchased by four

low-income families with interest-free, long-term mortgages. The Realtors Care Committee participates in a Habitat build day each year, using funds donated from the previous year. They helped with general site clean-up and prepared the semi-detached units for window installations, including finishing window framing and putting up vapour barriers. ■ ■ ■

Members of the Association of Saskatchewan Realtors (ASR) recently toured the Mackenzie Infant Care Centre (MICC) to see how a $5,000 grant is helping to improve lives of young mothers and their children. The grant, provided by the ASR Quality of Life Legacy Fund, has been allocated to the Mother and Baby Literacy Program, which provides books to young mothers, providing an opportunity for bonding with their children and enhancing literacy. Lane Boghean, an ASR board member says, “It’s certainly not your typical classroom, with strollers parked outside the

door and daycare down the hall. But you can tell there’s a level of comfort for these young mothers, knowing they are leaving their children in a caring place – that’s one less worry for them while they’re in class.” ■ ■ ■

Members of the Kawartha Lakes Real Estate Association donned their hard hats and boots recently to take part in two Realtor Build Days for Habitat for Humanity Peterborough & Kawartha Region. Taking part in the build were Hayley Davies, Doug McMullen, Guy Masters, Lisa Harrison, Gina Masters, Ruth Ann Geelan, Heather Porter, Tammy Henley, Joe McGuire, Pat Boyd, Michael Jancsik, Bethany Bowyer, Joanne Phendler, Heather Ahrens, Stephanie Lange, Kelly James and Tom Wood. ■ ■ ■

To help meet the need for plain-language financial literacy tools, the Manitoba Real Estate Association (MREA) teamed up with Literacy Partners of

Manitoba and the Manitoba Immigrant and Refugee Settlement Sector Association to develop a free illustrated guide to the home-buying process. The booklet covers budgeting before you buy, applying for a mortgage, working with Realtors and writing an offer to purchase. It also includes a “words to know” glossary section. It will soon be available in banks, schools, community centres, libraries and through Manitoba Realtors. MREA will also provide the booklet on its website and free copies will be available for pick-up on request. ■ ■ ■

Recently at the London and St. Thomas Association of Realtors annual President’s Breakfast, LSTAR’s Quality of Life Advisory Group chair Heather Arnott presented a cheque for $25,000 to be used towards the construction of a new Women’s Shelter in Elgin County. At the same meeting, LSTAR president Carl Vandergoot presented outgoing MP Joe Preston with a plaque in

From left: Realtor Kiel Kelly; RALD EO Eileen Rohs; Realtor Tracy Cavanagh; ASR board member Al Wieler; RALD president Michael Dewing; Realtor Liz Frieser; and LCYC executive director Lois Butts. Manitoba Real Estate Association president Roberta Weiss is front and centre with Finance Minister Greg Dewar (left) and Premier Greg Selinger (right) following the official proclamation of Realtor Week in Manitoba.

The new MREA resource for firsttime buyers and newcomers. From left: MICC assistant director Shirley Dobrescu, MICC executive director Edie Paquette and Realtors Kim Oberthier, Lane Boghean, Karen Krawczyk, Ryan Bremner, Noel Geremia and Adam Tondevold.

Kawartha Lakes Real Estate Association members taking part in the build, from left: Michael Jancsik, Bethany Bowyer, Joanne Phendler, Heather Ahrens, Stephanie Lange, Kelly James and Tom Wood.

From left: Swift Current & Region Council of Realtors representative Faye Rister; Realtor Erin Fuchs; ASR board member Teressa Mannle; SCCYI program director Nathan Wiebe; and Realtor Kelsey Adam.

OREB members Sandra Lee Lacroix, Shane Silva and Tara Scharf prep a window at the Habitat for Humanity build.

REM DECEMBER 2015 33

appreciation for his decade of service to the people of ElginMiddlesex-London. ■ ■ ■

Members of Muskoka Haliburton Orillia – The Lakelands Association of Realtors spent a morning splitting wood recently to help make the pile higher for those in need. “It seems timely as the nights get colder to make sure we have time to be thankful for our own warm homes,” says Tom Wilkinson, association president. “It seems hard to imagine that there are families in our neighbourhoods who have to make the decision between warmth, food or paying rent.” Heat Bank Haliburton gathers firewood to distribute to households struggling to keep the heat on. As a member of The Lakelands, local Realtors contribute $2 per month to the Ontario Realtors Care Foundation. Heat Bank Haliburton is one of five local charitable organizations chosen to benefit from these funds for this year.

■ ■ ■

Realtors in Lloydminster, Sask. were on hand recently to see how the Lloydminster Community Youth Centre (LCYC) is making good use of a $5,000 grant awarded to them earlier this year. The grant, provided by the Association of Saskatchewan Realtors (ASR) Quality of Life Legacy Fund, has contributed to the Hot Meal Program, which provides three meals each week to youth in the community. Local Realtors, along with provincial and local association representatives, took part in an on-site barbecue where they cooked and served burgers to an exuberant group of Lloydminster youth. In Melfort, Realtors had the opportunity to see how the North East Outreach and Support Services (NEOSS) will use a $5,000 grant awarded to them earlier this year. The grant has contributed to a new storage facility, where donations will be stored until the new shelter is complete, and will continue to

Heather Arnott and Carl Vandergoot present the LSTAR cheque to Pam Dyck.

Carl Vandergoot presents the plaque to Joe Preston.

house donations that will go towards second stage housing for those affected by domestic and sexualized violence. In addition to supplying safety and shelter, NEOSS also provides counselling and ongoing support. The centre regularly receives donations from the community – furniture, appliances and other supplies that help survivors get a fresh start. Swift Current Realtors were on hand to see how the Swift Current Community Youth Initiative (SCCYI) is making good use of their $5,000 grant. It has contributed to a new coffee shop within the centre where youth will have the opportunity to develop employment skills. Local Realtors took part in an on-site barbecue where they received a tour of the facilities, experienced a taste of what the coffee shop will offer and mingled with youth. In addition to facilities that offer everything from pool tables to basketball hoops to gaming stations, the centre provides counselling, tutoring and mentoring services, among other things. REM

Lakelands Association of Realtors members spent a morning splitting wood to help out the local Heat Bank.

From left: Realtor Janet Lutz; NEOSS executive director Louise Schweitzer; Realtors Gary Stoneman and Deb Honch; ASR vice president Kevin Wouters; Realtors Tynelle Badinski, Gary Gratton, Richelle Rogers and Colleen Ratcliff; project manager Jason de Haan; Realtors Eleah Tolofson and Gregg Reed; and ASR CEO Bill Madder.

Books I’ve read: A great training guide By Barry Lebow

Foundations for Success, The Complete Series by Stephen L. Silver There are many real estate training books on the market. A few are classics by the greats, those wonderful American trainers we know so well. But a good Canadian training guide is rare. I think that I have finally found one in this no nonsense, no fluff, meat and potatoes book by Steve Silver. Steve has been an active Realtor and manager for many years and has written about his experiences in the trenches. Over the years, he started programs for his staff, in modules, weekly sessions and with handouts such as working charts. Steve has refined his material, brought the modules together and has written what I now consider to be the best Canadian training manual that I have read. Steve has laid down a foundation, a path to follow to get new agents up and successful in the shortest time, and to help veterans who have hit slumps get back to basics with a set plan and to develop new skill sets. It is an eight-week program and from what I have reviewed, anyone who approaches real estate following his book as a guide should be on their way to a successful career. The book is full of easy to read and implement charts. One has to analyze their business and daily routine in order to maximize their return on time. Steve has excellent advice on that subject. It is written for working Canadian agents, written for today and not based on “the good old days.” It is relevant and a sage guide for a real estate career. Not only is it a great book for the individual salesperson, but it is a good guide for a brokerage seeking an ongoing training program. From working scripts to time management, it is all in this wonderful book. It’s available at Amazon.ca or direct at www.stevesilver.ca/buy-the-books. Barry Lebow, FRI, Master-ASA is one of Canada’s most recognized real estate authorities. Now in his 48th year of professional real estate, Barry has been honoured by many real estate associations for his work in the profession and is considered one of the leading Canadian experts in the field of real estate stigma. He is a broker at REM Re/Max Ultimate Realty Inc. in Toronto. barry@lebow.ca

34 REM DECEMBER 2015

THE PUBLISHER’S PAGE

By Heino Molls

MARKETPLACE

ere are the three most important aspects about the recent Competition Tribunal hearing, in my sole and humble opinion. The first is that the outcome of these hearings will have the most profound impact on the industry since the advent of what people in the real estate community refer to as “desk fees” at real estate brokerage offices back in the 1970s. The second is that the real meaning of the whole thing is evasive and hard even for the most seasoned real estate professional to truly understand, let alone the general public, to whom brokers and sales reps will be stuck with explaining everything. The people who are making this ruling do not seem to get the importance of the issues to the common real estate salesperson or broker. The people who are going to make the rules for real estate sales are not even close to under-

Privacy and competition standing the real estate business. The third item and most dear to my heart is the fact that the only media, newsletter, magazine or website that is covering this issue at every hearing is REM. No other blog, information wannabe or mainstream media outlet has consistently sent a reporter to these hearings as REM has. This case is a big mess. It comes down to government intervention in a business that for all intent and purposes was running as well as any other industry before somehow, somebody talked some government representatives into getting involved in a business they knew nothing about and still know noth-

ing about. I am reminded that the last time there was a significant change in the practice of selling real estate it was the aforementioned “desk fees” but that sea change was handled and embraced internally by the real estate community. There was no government intervention like this mess. One thing that stands out to me here in the fall of 2015 is how the various government outfits have odd and opposite positions these days. I just finished reading that the Ontario privacy commissioner has ruled that the Liquor Control Board of Ontario must stop collecting and using private information about its store broker

Make no mistake about this whole mess, the issue is about privacy. The private information of homeowners related to the most important thing that is in their possession, their home.

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clients and stop making that information available to whoever wants it. And here we have the Competition Bureau demanding that TREB and CREA collect and give out private information about the clients of its real estate broker offices to whoever wants it. Come on, which is it? Make no mistake about this whole mess, the issue is about privacy. The private information of homeowners related to the most important thing that is in their possession, their home. Even if a homeowner wants to sell their property, some information is private and should be treated with the dignity of privacy it deserves, the way TREB and CREA treat it now. That dignity should be upheld by our government more than anyone. How

could they possibly think it is their job to ride roughshod over the dignity of its citizens’ privacy? As reported in REM, lawyers representing TREB used the following quote from President Barack Obama from 2012: “One thing should be clear, even though we live in a world in which we share personal information more freely than in the past, we must reject the conclusion, that privacy is an outmoded value. It has been at the heart of our democracy from its inception and we need it now more than ever.” How appropriate. In the words used commonly by a Canadian celebrity: Make it right! Heino Molls is the publisher of REM. Email heino@remonline.com REM

Trade Shows and Conferences To add a listing to this calendar, email jim@remonline.com Oakville, Milton and District Real Estate Board Christmas Luncheon and Trade Show Tuesday, Dec. 1 Rattlesnake Point Golf Club Milton, Ont. cyndi@omdreb.on.ca PM Expo, Construct Canada Dec. 2 - 4 Metro Toronto Convention Centre Toronto www.pmexpo.com Fraser Valley Real Estate Board Game Changer Conference and Trade Show Feb. 3 - 5, 2016 Coast Hotel & Convention Centre Langley, B.C. www.fvreb.bc.ca/conference.php

Toronto Real Estate Board’s Realtor Quest May 4 - 5, 2016 Toronto Congress Centre Toronto www.realtorquest.ca Atlantic Connection July 26 - 29, 2016 Delta Prince Edward & P.E.I. Convention Centre Charlottetown www.atlanticconnection.ca/ Compiled with the assistance of Bob Campbell at Colour Tech Marketing, www.colourtech.com

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