June 2015 by Real Estate Magazine (REM)

Issue #312

June 2015

HomeLife's

Andrew Cimerman

Embracing change and celebrating 30 years Canada Post Publications Mail Agreement No. 42218523 - Return undeliverable Canadian addresses to 2255B Queen St. E., #1178, Toronto ON M4E 1G3

Page 8

The mountain man of Lethbridge Page 3

Barbados homes unfirmly rooted in the past Page 10

Agency issues and divorce Page 32

2,405 PRIZES AWARDED SEPT-MAY IN WESTERN CANADA

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• $5,000 from The Brick • WHL Prize Pack • $5,000 from RE/MAX Vern Nelson (left) of Arctic Spas, Lynn O’Brien (middle) winner of the 2015 RE/MAX Home Team Contest, along with Elaine Langhout (right), Regional Advertising Director for RE/MAX of Western Canada.

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REM JUNE 2015 3

The mountain man of Lethbridge

Award-winning sales rep Trevor Stuart plans to climb six mountains in 16 months to raise funds for charity. By Yvonne Dick

etting into the real estate business takes a lot of mental preparation. The same is true for mountain climbing. “To climb a mountain takes lots of mental and physical strengthening,” says Trevor Stuart, an associate with Royal LePage South Country in Lethbridge, Alta. But for his upcoming project to climb six mountains in 16 months, Stuart says he is working out about 10 times week. His workouts consist of going to a nearby gym five days a week, up and down the coulee stairs three days per week. When not doing that, he tackles the climbing wall at the University of Lethbridge. Stuart is climbing the mountains as part of a charitable challenge for Big Brothers/Big Sisters and local YWCA shelter Harbour House. He says that his own tumultuous growing-up years inspire him to work with familyoriented charities. “I want to do this so that women and children in abusive home situations know that they have a place to go, they can get out of there,” he says. Stuart has climbed Mount Kilimanjaro (in 2008 and again in 2009), which is 5,891 metres. Between half and one-third of those who try to climb Kilimanjaro don’t succeed. In 2010, he went to Nepal to the Mount Everest Base Camp (a climb that he has planned for next year) to the top of Everest, at 8,848 metres. After 8,000 metres on Mount Everest, climbers need to use oxygen, and it is said that seeing bodies along the trail the further you go is common because the route, in places, does not allow for carrying the sick out or for helicopter rescue. Recently there has been a series of tragic earthquakes and aftershocks in Nepal, but so far Stuart still plans to make the Everest climb sometime from March to May of next year, unless officials decide the trek is too risky. Through the Royal LePage Shelter Foundation, Stuart wants to raise $250,000 for Harbour House. So far, he has checked

Mount Aconcagua in Argentina off his list (February 2015). At 6,960.8 metres, Aconcagua is the highest peak in the Southern Hemisphere. In June, Stuart will ascend the three peaks of Mount Kunturiri, a 5,672 metre-high volcano. Next will come Mount Sajama, which is 6,542 metres and an extinct stratovolcano. It is Bolivia’s tallest summit. When not working out, Stuart is writing offers and showing houses. “It’s important to push yourself,” he says. “My training takes a lot of time, but in my office, I have photographs of previous climbs and places I’ve been. I feel truly Stuart on the summit of Mount Aconcagua in Argentina.

Training in Lethbridge, Trevor Stuart climbs coulee stairs while carrying a 70-pound backpack.

“My clients are family; they are truly supportive and a big part of my motivation,” says Stuart. blessed by the places I’ve been and the experiences I’ve had.” He looks at the photos and his Royal LePage plaques for inspiration. Stuart won a sales achievement award in his first 60 days with the company. “I’m in the top five Realtors, but then I remember that the other four winners are real estate teams,” he says. He started his career in real

estate in late 2005. He won Re/Max’s 100% award in 2006, 2007 and 2008. During the next four years he won MaxWell Realty’s Top Five award as well as the MaxWell Community Spirit Award in 2011. He has been a BNI Key Connections member since May 2013 and on the Board of Directors of the Lethbridge Real Estate Board since January 2012.

On Mount Athabasca in Alberta.

Stuart also enjoys hockey, running, hanging out with friends and family, camping, boxing and martial arts. His clients inspire him to raise funds for charity. Stuart says his business comes almost 100 per cent through referrals from previous clients. He says prospective clients see his dedication to his charitable works and the commitment he has shown throughout the years, and are comforted that he will follow through to the end for them. Sometimes he has lost business when he has to concentrate on training, but he says that when he focuses more on real estate, there are plenty of word-of-mouth clients waiting for him. “My clients are family; they are truly supportive and a big part of my motivation,” says Stuart. Once a year to keep in touch with clients past, present and future he hosts a

party. He considers it a good way to thank his clients, who are also his supporters in charity, as well as recommit to his “biggest fans”. Although he may be their Realtor, what they usually want to talk about are his climbing adventures. Stuart seems to have a decent balance between passion for his pursuits and real estate savvy. Showing that you can be serious about a hobby, dream or charitable enterprise can be a good way to show that no matter how young or old you are as a salesperson, you will be able to make a real difference to the life of your client. This is where younger salespeople can take advantage of their dreams by sharing them as part of their everyday work. On his real estate page, Stuart has linked to his current charity projects alongside listings. Client reviews suggest that the focus Stuart must bring to climbing mountains and raising money for charity is also used well in his real estate dealings. Sponsors for his upcoming climbs would be greatly appreciated, says Stuart, who pays for his own expenses during the training and climb. For more information about Trevor Stuart and to support the YWCA Lethbridge Harbour House, visit www.trevorstuart.com/ REM

4 REM JUNE 2015

Multiple Listings By Jim Adair, REM Editor Do you have news to share with Canada’s real estate community? Let REM know about it! Email: jim@remonline.com

roker/owner Eric Skicki and broker of record Lang Vuong opened independent brokerage Cloud Realty in Mississauga, Ont. on April 11. The brokerage “aims to be the only powerhouse tech brokerage in the west end of the GTA,” says Vuong. “With a roster that includes several high-ranking salespeople on Google, we are striving to empower every salesperson with advanced knowledge of Internet marketing, Google strategies and online advertising. Our goal is to have Cloud salespeople ranking on the first page for local real estate markets.” Vuong has managed several real estate brokerages since 2008, including one of the largest broker-

ages in Mississauga. Most recently he was director of international franchising at HomeLife. Skicki is the owner of MySquareOneCondo.ca, the highest ranking website for condos in Mississauga. The company says he was the top producing condo salesperson in the Square One area of Mississauga. ■ ■ ■

Wildwood Realty, a well-established Georgetown, Ont. brokerage, has joined forces with Coldwell Banker Fieldstone Realty. The newly combined operation unites under the leadership

of broker/owner Evan DeBrincat. Bruce Elmslie, founder of Wildwood Realty, and all active sales reps at Wildwood Realty are joining the Coldwell Banker network. Following the move, former broker of record Elmslie is focusing on personal sales. “Bruce and his family have been active in Georgetown and the surrounding area for decades, and we’ve enjoyed a strong business relationship with their firm for many years,” says DeBrincat. “Their professionalism and strong community involvement will be a perfect fit with our company.”

Royal LePage Sunshine Coast, Royal LePage City Centre and Royal LePage Northshore in Vancouver have joined forces with Royal LePage Sussex. Owners Chris Simmons and Bill Binnie will join Royal LePage Sussex in management roles and Alan Stewart will continue in his current capacity as regional manager for the corporately owned brokerage, reporting to Gino Romanese, senior vice president. Prudential Sussex Realty was acquired by Royal LePage in December 2014, becoming Royal LePage Sussex. The brokerage services the Greater Vancouver Area, with offices in downtown Vancouver, North Vancouver, West

Vancouver and in Gibsons, Sechelt and Pender Harbour on the Sunshine Coast. ■ ■ ■

Keller Williams Realty International president John Davis presided over KW Urbain’s “Thanks to You Celebration” recently when Quebec’s first Keller Williams franchise celebrated its milestone of sharing over $100,000 in profit with its brokers. About 100 brokers and Keller Williams leadership participated in the festivities. KW Urbain, which was founded by two former real estate board CEOs, Michel Beauséjour and Continued on page 6

■ ■ ■

Michael Bertrand

Rick Clarke

Gino Romanese

Alan Stewart

Lang Vuong Bruce Elmslie DeBrincat

and

Evan

Max Hahne, left and Richard Brinkley

Eric Skicki

Jordan Boyes

The team at Coldwell Banker Fieldstone Realty

From left: KW Urbain team leader Daniel Berger, brokerage co-founder Michel Beauséjour, KWRI president John Davis and brokerage co-founder Anne St. Dennis.

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6 REM JUNE 2015

Continued from page 4

Anne St. Dennis, was launched in downtown Montreal at the end of August 2013. It took three years of planning, while the Austin-based corporate head office familiarized itself with the complexity of the language laws and the Quebec Brokerage Act. St. Dennis and Beauséjour say that, along with other business partners, they will soon expand to the south shore of Montreal. The new franchise will be called Keller Williams Momentum. Quebec now has four KW franchises with more expansion planned in the coming years. ■ ■ ■

Max Hahne is opening new Engel & Völkers shops in Collingwood and Port Carling, Ont. Hahne has been licensed since 1983 and was formerly with Sotheby’s International Realty. “Our brand is a perfect fit for Max’s clients who are looking for international exposure of their properties,” says Richard Brinkley, senior vice president of market development for Engel & Völkers Canada. “His shop on Hurontario Street will be easily recognizable due to its trademark Engel & Völkers shop concept.” The Collingwood office is set to open in June and the Port Carling shop will open in the fall. ■ ■ ■

Exit Realty has awarded subfranchisor rights to the region of Northern Ontario to Rob Trembinski and Kristen Trembinski, franchisees of EXIT Realty Lake Superior in Sault Ste. Marie. The brother and sister team took over ownership of the brokerage from their father, Ontario real estate veteran and former Ontario Real Estate Association president Terry Trembinski, in 2012.

Cover photo: MARKO SHARK

Under their leadership the brokerage grew by 43 per cent and recently surpassed a stronghold held by Re/Max since the 1980s in ends closed for 2014, the company says. It is one of the largest brokerages in the Algoma District with eight agents in the top 20 per cent of their board. ■ ■ ■

Saskatoon’s Jordan Boyes, who was featured in a REM cover story last year, is opening his own independent brokerage, Boyes Group Realty. “Opening an independent brokerage was not something that just came up. I have had this goal for a while and it just seemed like the next logical step,” he says. “I set myself a goal to create a strong independent, recognizable brand, something that I think Saskatoon’s marketplace is lacking. I wanted it to not only benefit the clients that work with our brokerage, but the agents that choose to work with us as well.” The brokerage will open with 15 to 20 agents and has plans to expand. “My own personal experiences combined with seeing the situations and hurdles other agents go through over the years has allowed me to develop a training system for new people wanting to get into the business,” says Boyes. “The percentage of new agents that fail in this industry is huge and I want to avoid that statistic in our group by providing the tools and training necessary to succeed.” Boyes, 30, has only been in the real estate business for five years. In his first year, he made $30 million in sales in a city where the average house prices are in the $300,000 range. He says he’s opening the new brokerage with the support and partnership of his wife Brigitte Boyes and his business partner Cristin Wald. ■ ■ ■

Royal LePage Westside and Prudential United Realty in Vancouver have merged. Named Royal LePage Westside, the newly merged brokerage will double in size to operate in the highly competitive Vancouver Westside market. Broker / owner Michael Bertrand has built a successful real estate business through professionalism, community services and involvement within organized real estate, the company says. Bertrand says he is “pleased to fly the Royal LePage banner and intends to leverage the company’s strong brand recognition as a truly Canadian company.” The brokerage now has more than 90 agents.

Rob Trembinski and Kristen Trembinski

■ ■ ■

The Rick Clarke Team has joined Keller Williams Realty in the Black Diamond Market Centre in Burnaby, B.C. The team was formerly with Century 21. The team, which covers most areas of the Vancouver Lower Mainland, have been Medallion Club Members for the last five years, in the top 10 per cent of all Realtors at the Real Estate Board of Greater Vancouver. Clarke has been in the business since 2005. His team sold more than 80 homes in 2014. The Keller Williams Black Diamond Realty Market Centre was established in 2013 and has 74 associates. ■ ■ ■

Vantage West Property Management has opened for business to serve the Kelowna market. The office is a franchisee of Vantage West Realty. “There is a need in Kelowna for a company that offers investmentfocused management for property owners whether they are managing single or multi-family homes,” says owner A. J. Hazzi. “Ever since I’ve been a landlord, I’ve longed for a

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 staff at Vantage West Property Management in downtown Kelowna. From left: Michael Plowman, Courtney Deshayes, A. J. Hazzi, Brenda Maxwell, Corey O’Neill and Brittney Vienneau.

Graphic Design SHAWN KELLY

management firm that not only had the core competencies of keeping the property filled with quality tenants, co-ordinating maintenance items and basic accounting, but could also provide the objective insight and management around the investment side.” Hazzi says the company brings a focus to the financial side of property ownership, offering qualified professional advice to help guide the decision-making around investments. Six consultants work from the new Kelowna office. ■ ■ ■

Century 21 offices recently held a contest at open houses across Canada that gave con-

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

sumers a chance to win prizes and gain insights on increasing a home’s value. Guests who signed in at participating open houses had a chance to win the grand prize “Grill n’ Chill Backyard Bundle” including: a Cuisinart barbecue, the complete Canadian Tire Canvas patio furniture collection and a Black & Decker tool set. Also offered was a professional consult and blueprint from outdoor design expert Carson Arthur, co-host of HGTV’s Critical Listing and one of five regional prizes of 5,000 Air Miles reward miles. The contest is part of the third annual Century 21 Canada Open House Weekend Blitz that has received thousands of entries each year, the company says. REM

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8 REM JUNE 2015

HomeLife embraces change and celebrates 30 years

HomeLife’s long-time brokers say the company’s “culture of innovation” fostered by founder and CEO Andrew Cimerman is key to their success. By Susan Doran

anadian-owned with close to 8,000 sales reps and 140 offices here, as well as offices across the United States and a presence in Europe, HomeLife Realty Services has long been recognized as a franchise that embraces change. Celebrating its 30th year, the firm has been an innovative and entrepreneurial brand since the start, says the company’s director of brand marketing, Adam Price. “We pay close attention to the markets in which we have a presence and the markets we are working to develop to ensure that we have the correct suite of programs and tools to foster growth... Unlike many other franchises, we are nimble, able to act quickly, taking a lot of cues from our broker/owners. It’s an open forum. There are no barriers to communication here.” Price credits HomeLife founder and CEO Andrew Cimerman for the company’s entrepreneurial spirit, growth and success. Cimerman is also CEO of the Red Carpet and Realty World International brands. “There is a culture of innovation due to Andrew. He encourages new systems,” says Price. “Our brand is in a state of constant development.” Cimerman says the rapport he has with members sets HomeLife apart from other franchises. It’s true that HomeLife’s broker/ owners, as well as its management team, hold Cimerman in high regard. “I thought I’d had smart bosses before I met him but now I tell my ex boss that I’ve met someone even better. I was a little frog looking up from the well. Andrew got me to jump out and see the world... He has changed my life,” says Doug Wong, a long-time (now semi-retired) part of the

management team of franchise member HomeLife Cimerman in Toronto.

dream as a child. He says that he “never wanted to do anything else.”

And this, also from Wong: “Andrew is a true entrepreneur, always trying new things, a visionary, a legend in the industry. He is a gem in real estate, an extremely ethical man, a pleasure to deal with and strong! I’ve been with HomeLife so long I grow old ... but he’s unbreakable!”

Before starting the HomeLife franchise in 1985 he was “doing tremendously well” running Cimerman Real Estate, an independent operation with various offices in the Greater Toronto area.

Luis Ganhao of HomeLife/ City Hill Realty in Toronto says, “Andrew is always here to help when we need it. We can count on his support and vision. He has always pushed for us to be the best. Working with him – it’s just a privilege.” Adds Linda Furtado of HomeLife Integrity Realty in Alliston, Ont., “He is helpful to the smaller brokerages. It’s not all about the bigger ones, as with some franchises.” Linda Thompson of HomeLife Realty One in Toronto says, “I think HomeLife has survived because of Andrew’s dedication and commitment. He loves HomeLife and has devoted his life to it. As a HomeLife broker, it’s been trouble free, and I must admit that’s not normal for a franchise.” HomeLife members are also complimentary when speaking about the franchise’s national director of broker services, Joseph Lo. While being interviewed for this article, Cimerman, chatty and relaxed, explained how grateful he is for HomeLife’s continued success 30 years after he started out in the business “with $20 and one suit.”

“It was very profitable but I saw changes taking place in the world and wanted to expand using a different model. So I redesigned our model of operation, including a new name, and the new model was franchising... Right from the get-go there was absolute energy and enthusiasm in the brand.” There has been plenty more revamping of HomeLife operations since then. From all accounts Cimerman is a passionate crusader for change. Over the years HomeLife has become increasingly aggressive about creating a strong digital presence; updating marketing strategies; branding itself as a premier franchise; agent recruitment/retention; lead generation, member training/ education; and continually introducing new resources for agents, brokers and consumers. Cimerman says he expects to see technology and other advances continue to revolutionize operation models. To this end, the franchise is heavily investing in technology and increasingly focusing on social media for advertising and lead generation.

Laughing, he said, “I could go no place but up.”

“Accept the evolution and there are tremendous opportunities for success,” he says, adding that thanks to following through on this adage, HomeLife is now poised for “world-wide expansion.”

Being the driving force behind a company was Cimerman’s

The mantra of the HomeLife brand is its higher standards

HomeLife founder and CEO Andrew Cimerman (Photo by Marko Shark)

of service model. “It’s not just words,” Cimerman says. “We underpin everything we do with value, services, training, education and infrastructure. We are positioning ourselves as the highest quality brand in the world. We will help people enhance their lifestyle.” Cimerman says, “Our confidence level on our 30th anniversary is how I always dreamt it would be. We’re at the top; leading innovators in real estate...We have the best to offer. When you come to HomeLife you get more value, more technology, more systems, than with the competitors. Our agents can go out and offer comprehensive services at the best value level.” The list of services and resources offered by HomeLife for salespeople and brokers includes multi-level earning/wealth

sharing programs; progressive education and training; numerous lead generation tools; and sophisticated digital tools for client resource management and agent marketing and recruitment, such as an on-line resource centre that can be accessed from almost anywhere via smartphone, laptop or tablet app. Ajay Shah, broker of record at HomeLife Miracle/Realty in Toronto (which with 825 sales reps is one of the franchise’s largest members), is impressed with the steps the company takes to help brokers thrive, rather than “shutting out the brokerage” like some other franchises, he says. “There’s a good fee structure, designed to support the brokerage,” he adds. In the Toronto area, such incentives have helped put HomeLife among the city’s top Continued on page 10

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10 REM JUNE 2015

Homes unfirmly rooted in the past

By Diane Slawych

hattel, as every sales agent knows, is a common term found in real estate contracts that refers to tangible movable or immovable pieces of personal property such as furniture. Rarely does the word refer to an entire home itself, that is, unless you’re in the Caribbean island of Barbados. Chattel houses are part of the island’s history, and hundreds can still be found throughout the country as well as in a few other Caribbean islands. In Barbados, they were originally built in the 17th century by country folk who worked in the sugar plantations and didn’t own the land on which their houses stood. Instead of a permanent foundation, the homes were erected on loosely packed stones and blocks of coral. One advantage was that if a labourer was evicted by a plantation owner or had to go elsewhere for work, the home could easily be dismantled and moved. Being raised off the ground had another advantage in the tropical climate – air could circulate beneath the home, providing a cooling effect.

Homelife

Chattel houses are part of Barbados’ history. (Photos: Barbados Tourism Marketing Inc.)

Though each one is unique, they share some characteristics. The small, boxy structures are built of wood panels and are symmetrical in design. A central door has a window on either side with shutters that are hinged either from the side or from above, allowing the homeowner to adjust as needed based on weather conditions, opening wide on breezy, sunny days, or closing tight during hurricanes. Many of them are also brightly painted, such as yellow with blue trim or purple with pink trim. Still others are painted in three or more shades. No two are exactly alike when it comes to colour.

In the 20th century, chattel house styles began to change. The roof, which originally would have been thatch, is nowadays often corrugated iron and is steeply pitched. According to one tourism pamphlet, “decorative wooden tracery carved with intricate designs often adorned the roof overhangs and small front porches and hooded windows were also sometimes added.” Though the homes began as a single unit under one roof, additional units were later added to the rear, as income and family size expanded. These days new homes on the island are often built

No two homes are exactly alike when it comes to colour.

of concrete, but Bajans continue to incorporate many of the details found on chattel houses into their modern dwellings. Some of the best examples of chattel homes can be found in the northern parish of St. Lucy, in the villages of Greenidge and Connel Town near Archer’s Bay. Another place to see chattel houses is at Tyrol Cot Heritage Village in St. Michael Parish, which has several replicas of chattel houses of a classic design perfected around the 1930s, set in three acres of landscaped gardens. They contain antiques from the 1920s and give a sense of the home life of the majority

of Barbadians at that time. The tourist attraction maintains that “each house is the epitome of perfect Georgian symmetry and harmony.” Some chattel houses are so treasured and valued they have been listed by the Barbados National Trust. The homes are also a popular subject matter in local art works, particularly paintings. Fortunately for preservationists, the “creative folk architecture of old Barbados,” as they’re sometimes called, is still part of the landscape and can easily be found throughout the island. REM

Continued from page 8

recruiters of real estate sales reps, the franchise says. Doug Wong says that “Andrew’s philosophy is ‘no agent left behind’.” Cimerman “wants to make every agent successful,” says Wong. “He nurtures agents to make them more productive, providing all these tools... Change is a constant. You need to be able to capitalize on that and Andrew certainly does. To go deep you need to invent a lot of new tools, and that distinguishes HomeLife from other franchises. The volume of flyers alone that our agents can use to promote themselves is so huge that agents can go six months and not duplicate.”

Among the tools that HomeLife agents can offer clients are preferred pricing at certain retail outlets; free online classified advertising worldwide to help unload unwanted belongings, a prepaid Visa card; a strong home warranty program; help with financing and insurance needs; free, electronic global relocation quotes and referrals; and a prepaid long distance calling card. How long would most prospective clients usually keep a sales rep’s business card? Not too long, says Wong. But if there is 30 minutes of pre-paid long distance calling time on that card, it’s a different story, he says. The same is true of HomeLife’s

unique sweepstakes, where existing and potential clients have the chance to win $10,000. HomeLife agents say that people usually won’t give false contact information if there’s a chance of winning a lot of money. HomeLife’s sweepstakes generate hundreds of thousands of leads and is also a way of giving back to the community, Cimerman says. HomeLife also has a green program, with a tree being planted for every house that’s sold. Cimerman considers community involvement HomeLife’s “living legacy” and “corporate DNA,” and says he places high priority on making a positive impact in the community

and with families. Among the franchise’s philanthropic endeavours is the collection of food for food banks.

What Jerome does is subliminally the most powerful advertising you can have. Once you see him you will never forget him.”

Since its inception, HomeLife’s “goodwill ambassador and corporate mascot” has been Jerome the Gnome. Member offices have access to Jerome costumes for use at community events such as parades, barbecues and hospital and school fund raisers.

While some HomeLife brokers “find it corny” to use the mascot, most say that kids love Jerome and that no matter what you think of the concept, it works.

“Jerome is wholesome, fuzzy and warm – I thought he would fit with our name,” says Cimerman, who came up with the initial concept for the mascot. “I thought we should have our own celebrity, and he puts a smile on people’s faces...

Furtado of HomeLife Integrity recalls that when Jerome took a break from the HomeLife booth at a trade show, a nearby vendor ran over to ask where he’d gone. “Get him back,” the man insisted. “He’s attracting people.” It seems that Cimerman’s creations – Jerome and HomeLife – have that in common. REM

“ What I love about Engel & Völkers is the connections between the advisors from all over the world. This is where true international networking happens.” Brian Danyliw, Engel & Völkers Nanaimo

Only the best in the business join our brand. Brian Danyliw was born in Victoria and is a life long resident of Cowichan Valley. His experience as the owner of several successful businesses, and his in-depth knowledge of the region made him the top real estate professional in his market. When asked to join Engel & Völkers, a new global, luxury real estate brand quickly expanding in Canada, he considered it the next logical step in his career. He was already aware of the brand and its reputation of premium service through his travels abroad. Now, as the Senior Vice President of Sales for Engel & Völkers Nanaimo, Brian is changing the game in real estate in his market. His team now belongs to a truly connected international network of more than 6,000 expert real estate professionals in 39 countries across six continents. Engel & Völkers Canada 2 Bloor Street West · Suite 700 · Toronto · Ontario M4W 3R1 · Canada · Phone +1-416-323-1100 info@evcanada.com · evfranchise.com

©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.

12 REM JUNE 2015

Prospect for buyers first By Ken Wilder

n last month’s edition of REM, I wrote a column entitled The real point of buyer agency. I have since received a wide range of comments and inquiries. I am thrilled that brokers and salespeople from coast to coast are demonstrating such a keen interest on a subject that is long overdue. I’m going to dip my toe into uncharted waters today and risk ruffling a few feathers. If you choose to read on from this point, I would ask that you read the entire article, and not stop at a point where you may find yourself at odds with my opinion. The reason for this will become self-evident. Last month, my main point was that the Buyer Representation

Agreement is a document that protects the buying public, but our approach to it is not consistent with that truth. Today I would like to explain why our industry as a whole has led us down a path that has been inefficient and ineffective. For far too long we have bought into the notion that spearheading our prospecting approach towards obtaining listings is the beall and end-all. This notion, I will argue, is simply wrong. Not only is it wrong, I am suggesting that the opposite holds more water. Specifically, we would be much more effective prospectors if we reverse our thinking and prospect for buyers first. Why? 1) Buyers are easier to find. Currently Toronto and Vancouver are experiencing a sellers’ market. By definition, this means there are many more buyers in the market looking for a home than there are sellers who are selling their home. In the Greater Toronto Area, there are approximately 15,000 listings on the Toronto Real Estate

Board at the time of this writing. Simultaneously, there are over 43,000 members. That’s about one listing for every three members. Yet, almost every training session that deals with prospecting focuses on approaching sellers. All the while, there are likely tens of thousands of buyers looking for a home, the vast majority of which have not yet hired an agent to represent them. In addition, buyers are more willing to approach you and inform you that they are interested in buying real estate, than sellers are in letting you know that they are thinking of selling their home. 2) Buyers are easier to sign under a BRA than sellers are under an MLS listing. From 1986 to 1993, I considered myself a “listing agent”. In 1993 I reversed that approach and became a “buyer agent”. After 29 years of active service in this industry, I can say with absolute certainty that obtaining a BRA from a buyer is significantly easier than getting a seller under an MLS listing agreement. This is true with one caveat; if you give

Buyers give twice as many referrals as sellers do. the buyer enough reason why they should. 3) Buyers are easier than sellers to develop a relationship with. We all understand that we are in a relationship business. We also understand, due to our nature, all relationships develop over time. The greater amount of time we spend with another human being, the greater potential we have of deepening and strengthening that particular bond. That being said, it is an accepted truth that working with buyers is more time-consum-

CREA wins latest skirmish with Competition Bureau

Tribunal rules that CREA policies do not prevent mere listings or discriminate against members who offer them.

he Competition Tribunal has ruled that CREA’s policies do not prevent mere listings and do not discriminate against members who offer them. The tribunal dismissed a complaint from the Commission of Competition that said CREA’s policies contravene the consent agreement signed by the parties in 2010. At issue are CREA’s rules that prevent the display of a seller’s contact information or the reference to a private sale on a webpage (such as a Realtor’s or brokerage’s site) that is linked directly from realtor.ca. CREA members who offer mere postings must create an extra step – a “buffer” webpage – before the contact information can be displayed. The Commissioner stated that CREA should not be allowed to

restrict where the seller’s contact information may appear on a website – whether on the first landing page linked from realtor.ca or anywhere else on the site. Robert Herr, owner and broker of record of The For Sale By Owner Depot and FF4 Property Postings Inc., stated in an affidavit, “Sellers certainly do not like the buffer pages we are required to add in order to comply with CREA’s rules, not at all. I know this in part because sellers get very cranky when they find out and demand an explanation. They often tell me that including the buffer page and not immediately displaying their contact information will interfere with the possibility of a sale…” But in the Competition Tribunal’s decision, Chairperson Donald J. Rennie says that since

April 2011, Herr’s business has listed more than 1,000 mere postings to the MLS System and “he concedes that he can only point to one incident where a client apparently refused his services because of the necessity of a buffer page.” Rennie writes, “Curiously, the evidence of Mr. Herr, called by the Commissioner, corroborates the evidence of CREA.” He says Herr’s website indicates that the link to private seller information is “seamless and one that is widely recognized by the public.” Rennie adds: “The Tribunal is not satisfied, on a balance of probabilities that the rules discriminate against members who offer mere postings. The evidence addressed by CREA suggests to the contrary, that even a novice user of realtor.ca would have little difficulty in find-

ing the information under the existing rules and design of the website.” Rennie says he agrees with CREA that the “member-to-member nature of the MLS Systems underlying realtor.ca” cannot be undermined by the consent agreement. “Member-funded services are not required to promote private sales, something antithetical to the CREA member-to-member business model,” he writes. “The Commissioner’s interpretation effectively places a private seller in the same proximity to a prospective purchaser as a member.” The Competition Bureau’s complaint against the Toronto Real Estate Board (TREB) concerning the board’s MLS policies is scheduled to be heard on Sept. 21. REM

ing than working with sellers. (I actually disagree with this perception, but I will have to leave that topic for another day). But isn’t that the point? By spending more time with our buyers, we develop a stronger relationship with them. After the bonds have been formed and their level of trust and respect for us have risen, that would be a more powerful time to seek out their listing. 4) Buyers give twice as many referrals as sellers do. I read this statistic a number of years ago on NAR’s website and I believe it to be true to this day. The reason it’s true is because of the high level of trust an individual must have in us before they are willing to refer us to their friend, relative or co-worker. Trust comes as a natural by-product of a deeper and stronger relationship, which is exactly why buyers give more referrals. I am by no means suggesting that we should not be actively seeking listings, quite the contrary. What I am saying is that by first obtaining a repertoire of buyer contracts, we are in a much stronger position to obtain a greater number of listings with much greater ease. In my next column I will provide you with four more reasons why working a buyer first plan is a more powerful and a more highly leveraged position. Ken Wilder is a 29-year veteran in the real estate industry. In 1993 he pioneered buyer agency. Since 2000, he has been a motivational speaker, coach, mentor and author and has spoken to more than 20,000 real estate agents and brokers across the country. Email kenwilderseminars@gmail.com REM

14 REM JUNE 2015

The ins and outs of mortgage insurance By Martin K. I. Rumack s most homeowners are aware, mortgage life and default insurance is different from homeowner’s insurance, which provides coverage for loss caused by fire, theft, and in some cases, floods or sewer back-ups. There are primarily two other types of mortgage insurance: Life and/or disability insurance and mortgage default insurance. Life/disability insurance: This type of mortgage insurance comes into effect upon the death or serious permanent disability of a borrower in situations where there is an outstanding mortgage registered against a homeowner’s property. It will result in the payment by the insurance company of the out-

standing balance under the mortgage. While this is not a universal requirement, some mortgage companies insist that a borrower purchase this insurance prior to advancing funds. It is very important for a homeowner to clarify when the insurance comes into effect. It might be upon the death of either mortgagor, any one specific mortgagor or only upon the death of the last mortgagor. This can give rise to important questions. For example, if there were two people who signed the mortgage, does the payout of the outstanding balance only occur upon the death or permanent disability of the last of the mortgagors? Based on my many years of experience, I always recommend that clients speak to their own life insurance agent/consultant about the costs for this product. In gen-

eral, I have noticed it is less expensive if purchased through your own insurance agent rather than using the insurance offered by the financial institutions. Mortgage default insurance: This guarantees payment of the outstanding balance of a mortgage in situations where the borrower goes into default of their payments. There are additional provisions contained in all mortgage documents or ancillary documentation which requires the borrowers to: • keep taxes current (whether paid directly to the tax department or as a component of the mortgage payment); • keep fire and liability insurance in place; • keep the property in good condition; • pay the monthly common expenses – applicable in condominiums, co-ownerships and co-

A real skeleton in the closet Junk removal firm shares the craziest items found in peoples homes.

e’ve all heard the saying, “one man’s trash is another man’s treasure,” but sometimes that saying doesn’t quite ring true, says Toronto junk removal firm JustJunk.com. The company says it has found some pretty unexpected and bizarre items in people’s homes and offices. “It’s amazing to see some of the items that people hold on to,” says Mike Thorne, president of JustJunk.com. “The excitement of a new find keeps us on our toes and keeps the job exciting. Most of the time we are just dealing with regular household items, but every once in awhile we see something that makes us do a double take.” Below are the top 10 strangest items JustJunk.com has found over the years. 1. An 800-pound bank vault door 2. 2,000 pounds of Jack

Junk.com found this 1950’s salon hairdryer when cleaning out a client’s house.

Daniels whisky bottles 3. 15 trucks of bingo dabbers 4. A 40-pound mounted fish 5. 1/4 truck load of dentures and dental chairs 6. A bomb from the Second World War era

7. A circular bed 8. A 1950s salon hairdryer 9. A basement full of individually labelled tree branches 10. A full human skeleton from the Parsee sect. REM

operatives; and, • pay any special assessments that may arise if you live in a condominium, co-ownership or a cooperative building. In the event any one or more of these obligations are not fulfilled as required, it is deemed to be a default under the mortgage, regardless of whether the financial institution has to lay out money for any arrears of taxes, insurance, other utility items, payments for monthly common expenses or monies for repairs. If the lender suffers any loss resulting from a sale of the property by the lender because of the default, the lender can make a claim for such loss to the mortgage insurer. Mortgage default insurance is available through Canada Mortgage and Housing Corp. (CMHC), which as the name suggests is a public entity. It was funded and originally created by the federal government after the Second World War. The initial intention was to provide low-cost housing and relatively affordable mortgages to the veterans returning from overseas. Currently, there are also two private entities who offer this type of mortgage default insurance: Canada Guaranty Mortgage Insurance and Genworth Financial Mortgage Insurance Company of Canada. This second type of mortgage default insurance helps individuals who otherwise would not financially qualify to purchase a home, or enter into the real estate market. It does not protect the buyer, but rather protects the lender in the event a homeowner has defaulted under their obligations, which in turn may result in the lender selling the property for a price that results in an actual monetary loss for the lender. In these cases, the lender will then claim for reimbursement of its total loss and the insurance company will then pursue the borrower to recover the loss and all legal costs incurred in pursuing the claim. In cases where the buyer needs a mortgage that is greater than 80 per cent of the lesser of the purchase price or appraisal value,

there is a requirement that the buyer/borrower purchase mortgage default insurance. Due to the greater risk of default in cases where the buyer has less than 20 per cent as a down payment, the availability of default insurance results in lenders being willing to provide larger mortgages to individuals who would not otherwise qualify for a mortgage at all. Perhaps surprisingly (though not really – talk about a cartel!) the cost of the insurance premium for mortgage default insurance is the same, no matter who the mortgage insurer is. The actual insurance premium is added to the total amount of the mortgage; however, the premium is paid out to the insurance company from the proceeds of the mortgage funds advanced. For example: A mortgage of $300,000 Mortgage insurance premium of $5,240 Total mortgage registered on title: $305,240 Gross mortgage proceeds advanced by the lender: $305,240 Less mortgage insurance premium deducted from the advance and paid to the mortgage insurer: $5,240 Net mortgage proceeds for the borrower: $300,000 Mortgage payments are based on a mortgage in the amount of $305,240 Under today’s regulations – and unless there is some other form of financing available – for many first-time and even some secondtime buyers, purchasing this form of mortgage default insurance is the only option available. My only word of advice is: 1) research the options available; and 2) Do not bite off more than you can chew! 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 coauthor of Legal Responsibilities of Real Estate Agents, 3rd Edition, available at the TREB bookstore. Visit Martin Rumack’s website at www.martinrumack.com. REM

REM JUNE 2015 15

Putin orders reforms to Russiaâ&#x20AC;&#x2122;s real estate industry

ÂŽ

By Eugene Vorotnikov

ussian President Vladimir Putin has instructed the national government to design new measures aimed at tightening control for real estate business in the country and regulate the activities of real estate brokers, according to an official spokesman of the press service of the Kremlin. The announcement was made by Putin during a recent media forum of The All-Russia Peopleâ&#x20AC;&#x2122;s Front (a movement in Russia started by Putin to provide the government with new ideas, new suggestions and new faces), which took place in St. Petersburg. Putin said that although he supports self-regulation for many industries, â&#x20AC;&#x153;In the case of real estate business, a lack of state control results in many violations. In this regard, state control for the activities of real estate brokers should be significantly strengthened.â&#x20AC;? He said tightening control of the activities of real estate brokers may involve the return of state licensing, which was discontinued in 2002 and replaced by the practice of certification of companies and brokers. But this has resulted in an increase of the number of unscrupulous companies in the national market. According to an official spokesman of the Russian Ministry of Industry and Trade, the government will start implementation of the Putin order in the near future. The planned reform may involve the use of foreign expertise in establishing and regulating real estate services. In addition to licensing, the planned reform will involve the introduction of direct state guarantees in the industry. This means that the government will register each deal and take responsibility

for its implementation, in accordance with the law. Another option may involve implementing insurance. To date, the practice of insuring deals has been uncommon for Russia. That means that a bona fide property buyer, which signed a deal with the help of a real estate company and with the use of a real estate broker, remained unprotected. The planned reforms follow a similar scenario that recently took place in the home building sector, where the government has introduced licensing after careful consideration and consultations with analysts and industry players. Svetlana Birina, head of the department of urban property of NDV-estate, one of Russiaâ&#x20AC;&#x2122;s leading real estate companies, says the industry is in acute need of reforms. One of its key problems is the growing number of non-professional and unscrupulous brokers, which negatively affect the reputation of real estate brokers in Russia, she says. Birina says compulsory licensing will help to improve the current situation. But she says itâ&#x20AC;&#x2122;s not a panacea for all problems in the industry. However, Maria Litinetskaya, CEO of Metrium Group, another of Russiaâ&#x20AC;&#x2122;s leading real estate agencies, says licensing of real estate activities does not make any sense. â&#x20AC;&#x153;In fact, licensing could be considered as just a set of intermediary services. The only problem is the presence of so-called â&#x20AC;&#x2DC;black Realtorsâ&#x20AC;&#x2122; (illegal brokers) in the market. In order to reduce the number of fraudulent agencies in the market there is a need to establish voluntary self-regulating organizations, as well as to introduce certain requirements for real estate companies,â&#x20AC;? she says. REM

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16 REM JUNE 2015

STOP SELLING HOUSES & START MAKING MONEY

By Debbie Hanlon

came across an interesting statistic recently that really surprised me. The number of sales by For Sale By Owners (FSBOs) has plummeted from 20 per cent to a mere nine per cent in the last decade. I’m surprised because there has been a proliferation of FSBObased companies as well as the growth of social media and Internet tools that are supposed to help people sell their homes without hiring a professional. Those avenues don’t seem to be working. When I read that statistic I could not help but smile because I get a

From FSBO to ka-ching! lot of my business from FSBOs and could never understand why more agents don’t. That stat also highlights why well over half of all FSBOs (I’ve seen quoted numbers from 70 to 90 per cent) end up listing their home with an agent. It is just too difficult for an owner to sell their home. Understanding the paperwork, pricing the property right, staging, helping buyers obtain financing and just plain not having time to devote to selling a house are all obstacles every FSBO faces. What do these obstacles do? They wear the FSBO down and what began as a great way to save and pocket an agent’s commission turns into an ongoing series of headaches and second guesses. The stubborn few who refuse to admit their mistake and hire a pro get the satisfaction of selling their house for $40,000 less than an agent would have gotten them on average. Doesn’t that look like a situation ripe for the picking? It is but

there’s a right and wrong way to make sure you’re the agent they choose when they’re ready to hire one. First, you cannot overspend on the FSBO market with your time and effort any more than you can devote all your time to your farm area. As agents we have a multitude of real estate tasks we have to do daily, weekly and monthly and as a reaction to an event like a new listing or sale. We have to find new clients while keeping our current clients happy and keeping in touch with former clients, all at the same time. If we spend too much time on one area, obviously the other areas will suffer. For now let’s look simply at the FSBO market and what we need to know about that area of our business. At the end of the day, success getting listings from the FSBO market is all about two things: timing and TOMA. Timing means that you don’t know when a FSBO will be ready to give up and do what they should have

done in the beginning. Some FSBOs only last weeks, others hang on for months and you have to be there when they reach that tipping point. Your timing has to be perfect. TOMA is marketing speak for top of mind awareness. That simply means that when a FSBO thinks of hiring an agent, you’re the one they think of. You’re the one they call. You’re the one who lists their home. You’re the one they pay. Now, you have to stay top of mind with the least amount of time and effort and that’s why I developed my FSBO system. I simply follow the steps outlined in it when prompted to do so and maintain contact with FSBOs without annoying them or coming on as too eager. I don’t have to think about what I should do next because my system is going to tell me. That frees up my time for other areas of business, all of which have their own systems that do the same thing, streamline my career and ensure that I make

the most money possible with the least amount of effort. Smart effort I call it – that’s when your return equals or exceeds the effort you’ve made. So go through the classified ads, take a picture of FSBO signs you see in your daily commute and make contact. That can be as simple as a phone call, a flier drop or even a knock on the door. Then maintain contact without annoying anyone and begin to build the relationship that will have the FSBO calling you. 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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20 REM JUNE 2015

Will brokers get ‘Ubered’ out of a career? By Robert E. Lee

onsider the “technology company” Uber for a moment: They have neither employees on the front lines nor do they own cars. Uber is simply a technology company with a platform that connects drivers with passengers. For that they collect a share of the fare. The driver is responsible for the car, insurance, maintenance, knowledge of the streets and getting the passenger to their destination safely. Uber is not only causing disruption in the taxi and car-hire industries, it is causing a sea of change in how ride-sharing is used by people in the cities it operates. All the while, Uber’s only

real product is their proprietary software. Now consider the real estate industry: the process all starts with a homeowner who wants to sell and ends when a buyer completes the deal. In between there are a myriad of steps that need to be completed from the listing and showings to the exchange of funds and the legal contracts that transfer home ownership. A “real estate technology company” (RETC) could take apart the steps required to get from the start to the finish of the transaction, when looked at from the perspective of only supplying the underlying technology. 1. The homeowner decides to put their house on the market and enters some details into the RETC software (app). 2. RETC’s app analyzes the owner’s house based on the criteria the owner inputs, neighbour-

hood details, insurance appraisals, comparable listings and recent selling prices, and other “big data” the RETC has available. 3. The homeowner approves or modifies RETC’s recommendations and the listing is published. 4. When interested parties want to view the house, the homeowner is notified and RETC schedules pre-screened “home showers” to be present so the homeowner can be out of the house when it is viewed. 5. When a buyer decides to proceed with purchase, a contract is provided by RETC and deposit funds are transferred to an escrow account held by a preselected lawyer or RETC itself. 6. When conditions are met, the sale is finalized and contracts go to lawyers, insurance companies and the municipality for transfer.

7. The homeowner moves out, the buyer moves in. Obviously this is a highly simplified version of a home sale and the interactions that make up the deal. However, you can see where a suitably aggressive and innovative technology company could pull together the details of the transaction, from the listing to handling the final transfer of property and money. They could push out the real estate broker, relegating their role to being the “home showers” who use their knowledge and experience as an in-person driver of the technology while being excluded from the majority of the transaction process. By creating a simplified platform for a seller and buyer to connect and with the use of existing data and analytics based on previous neighbourhood sales, munici-

pal records and connecting the sale documentation to the appropriate professionals, the “Uber of real estate” could be here quite soon. Real estate brokers (home showers) who bear the investment of time, knowledge and expense would now be giving the technology company a share of their earnings simply due to the benefit of bringing buyer and seller (driver and passenger) together using the RETC’s proprietary technology and data. The rate of pay would be “Uberized” by the RETC as it solely determines the market pricing. We can see on the horizon the models that hint of this capability and the battle for real estate data that could make this “Uberization” of the real estate industry not only possible but highly contested. Robert E. Lee is information manager at Realty Point (www.realtypoint.ca). He writes about the real estate industry in Ontario and how real estate brokers can open and manage their own real estate brokerage. REM

When your deal doesn’t close By Mark Weisleder hen deals don’t close, it is important for real estate agents and brokerages to gather the correct information to understand both the rights of your clients and your own right to collect commission. Let’s see what happens in the following situations:

1. The buyer can’t close because their financing fell through. In this situation, it is best to determine if you can negotiate an extension to see if the buyer can resolve their situation in a timely manner. This may involve paying an additional deposit plus interest on the closing balance in order to get the seller to agree.

If no extension is possible, the seller could notify the buyer that as a result of the breach of contract by the buyer, they will be re-selling the property and will be suing the buyer for the deposit and any deficiency if they sell for a lower amount. For example, the original sale price was $300,000, with a $5,000 deposit. The buyer doesn’t close and the seller re-sells the property for $280,000. In this situation, the seller could sue the buyer for the $20,000 shortfall. Even if the seller resold the property for a profit, they could still sue the buyer for the $5,000 deposit. 2. What if the buyer and seller sign a mutual release in the above situation, directing the listing brokerage to return the deposit to the buyer? If a mutual release is signed, the seller can no longer sue the buyer. The listing brokerage must return the deposit to the buyer, as directed.

By understanding what happens when deals do not close, it is hoped that you can take the proper steps to protect both you and your clients should this ever occur. 3. What if the deal did not close because there was a problem on title or there was a tenant on the property who would not vacate before closing, in violation of the agreement? In this situation, the seller would likely not be able to sue the buyer. However, the listing brokerage may have a claim for commission against the seller and as such, should be careful before signing any mutual release.

4. As a listing brokerage, what should I obtain when a deal does not close before re-listing any property for sale? Since you may not know the reasons why the deal did not close, you should wait for either a mutual release or a written direction from the seller’s lawyer that since the buyer has breached the contract, you can go ahead and re-list the property for sale.

5. Are the listing and buyer brokerages required to sign the mutual release? There is no legal requirement for a brokerage to sign the mutual release that is between the buyer and the seller. However, even if the release is not signed by the brokerages, the listing brokerage must still follow the written direction of the buyer and seller about releasing any deposit in their possession. If a brokerage has a concern as to whether they may have a legal claim for commission and are thus hesitant to sign any mutual release on this basis, they should obtain legal advice before proceeding further. By understanding what happens when deals do not close, it is hoped that you can take the proper steps to protect both you and your clients should this ever occur. Mark Weisleder is a partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca REM

22 REM JUNE 2015

Running gardens and heating ducks By Peggy Blair

very now and then, a sales rep will try to be eloquent and end up channeling Yoda. Here are a few examples of listings that had me smiling: “Spacious & bright the open lobby.” “Comfortably spaced is the foyer.” “Open & spacious the great room.” May the force be with you. There are some things I don’t usually expect to see described as inclusions in a listing, such as walls, ceilings and floors. We usually take those fixtures for granted. But this sales rep wanted to be specific: “Porcelain floor & four quality appliances included.” Thank God. If that porcelain floor wasn’t there, there’s no telling what might have happened to those nice appliances. Here’s an example of a recent listing where the entire kitchen and a bathroom seem to have disappeared: “Updated kitchen and bathroom which has been replaced with ceramic tiles.” I love ceramic tiles and how easy they are to clean, but given a choice, I think I’d really rather use a toilet. Ottawa broker of record Gord McCormick of Oasis Realty stum-

bled across a listing that described a kitchen with “put-out drawers.” I’m not sure I’d want to be dealing with drawers that were always irritable. Sometimes awkward wording can leave you wondering if you’re in the same era as the sales rep who prepared the listing. “The comfortably spaced laundry has quality washing & drying machines.” Drying machines? I am reminded of the Wright Brothers and their newfangled “flying machines.” And I’m not that old. Okay, I am. Just not that old. But as we all know, even modern technology has issues, as reflected in this Ottawa listing: “Virtual car sharing problem located on premises.” I guess that’s better than having virtual car problems on the road. If you drive a real car, according to this listing sent in by Barbara Jacobsen of Re/Max All-Stars in Keswick, Ont., at least you don’t have to worry about getting stuck on the mainland: “You can get to the island via a fairy.” Denise MacDonell of Red Door Realty in Halifax, once saw a listing where the condo fees included “uncommon area maintenance.” She wondered what those might be. So do I. But when it comes to uncommon areas, I stumbled across a particularly athletic description of a garden in a listing the other day: “Even with the back addition there is backyard space for a running perennial garden.” Now, I’ve heard

of people wanting to dig up a few plants before they move but this sounds like they really might have to tackle the garden. Definitely not a home for the lazy gardener. Runaway plants aside, even the most avid green thumb might find the next listing a little challenging. Davida Girard, company co-ordinator with Re/Max Jazz in Oshawa found out to her horror that one of her admin staff had entered a listing on MLS that included the backyard “shit” instead of the backyard shed. Making matters worse, the salesperson remarks referred to a friendly dog on the premises. Friendly but poopy. I sometimes think mistakes like that are Freudian slips. Stephen Burke of Sutton - West Coast Realty in Vancouver discovered that his very first boardloaded listing extolled the gorgeous views of the “lovely snowcrapped mountain.” I’m guessing there was someone at the board who’d had quite enough of the long winter. As we’ve likely all discovered at one time or another in this business, a single wrong letter can entirely change the meaning of a listing. Spruce Grove, Alta.’s Lorraine Northcott of Realty Executives Leading saw one that referred to “heating ducks in the basement.” That caused her to wonder, when she finally stopped chuckling, if the basement had water issues. I think I’d be more

worried about quacks in the foundation. Ba da boom. Sometimes ignorance is bliss. I’ve seen references to “unspoiled” homes but I’m not sure I even want to know what the sales rep meant who depicted the house in his listing as “unmolested.” It gives a whole new (and possibly criminal) meaning to a property that “awaits your personal touch.” 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, will be in bookstores on June 2. If you come across any real estate bloopers that tickle your funny bone, send them to her at peggyblair@royallepage.ca. You can also follow her on Twitter as @peggy_blair REM

Appraisers say buyers concerned about inflated prices

even in 10 Canadians who are planning to buy a new home within the next year are concerned that they will be paying a purchase price higher than the actual market value. Seven per cent of Canadians plan to purchase a home or property in the next year. These are among the findings of a national survey conducted by IpsosReid on behalf of the Appraisal Institute of Canada (AIC). “In a hot market – particularly when there are multiple offers – purchase prices can be inflated. In those cases, the buyer is essentially being asked to pay more than the true value of the property. This has potential implications for the buyer should they choose to sell this property in the future, or the lenders who provide mortgage financing,” says Keith Lancastle, CEO of the Appraisal Institute of Canada (AIC). “As we saw in the global financial crisis, over-inflated real estate prices had a significant impact on the economy in a number of countries. It has been shown to affect the stability of a country’s lending system, the real estate market and – most importantly – consumers. The sound regulatory system and market valuation fundamentals within Canada’s real estate sector were the reasons that Canada fared better than so many other countries,” says AIC president Scott Wilson. Almost three-quarters of survey respondents who are planning on buying a property soon are somewhat likely (44 per cent) or very likely (30 per cent) to hire a real estate appraiser if they were to buy or sell REM a property in the future.

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REM JUNE 2015 23

Ontario Realtors pay it forward

By Dreena Gilpin

ealtors in Ontario play an integral part in their communities. In a recent survey by the Ontario Real Estate Association (OREA), 84 per cent of Ontario Realtors said they had contributed to their local community either through local charities, sports teams or events within the past year. That means more than 51,000 of Ontario’s 61,000 Realtors contributed in one way or another to their community’s well-being. Realtors spend the better part of their days helping people buy or sell homes in communities that they themselves live in. Realtors are community experts – they know where the schools and amenities are, they are familiar with local resources and services and they are often the first people to introduce families to a new community. They know that stable and safe communities are where people want to live and raise their families. As area experts with an interest in building strong communities, Realtors certainly do their part to keep up the quality of their communities. This appreciation for community and the desire to give back were the impetuses to the Ontario Realtors Care Foundation being created many years ago. Previously the Canadian Real Estate Board Foundation – Ontario Fund, and the OREA Foundation, it was first established in 1967 to raise funds for a variety of charitable organizations across Ontario. In 1999, the foundation turned its focus to shelter-based charitable organizations, a cause near and dear to Realtors. Since 1998, $4.4 million have been granted to shelter-based organizations across the province on behalf of Ontario Realtors. In 2014, the foundation gave out $910,000 in grants to over 200

organizations across the province. Some recipients were: Habitat for Humanity, Collingwood Crisis Centre, YWCA Sudbury, Covenant House Toronto, Eva’s Initiatives, Leeds & Grenville, Interval House, Community Living Mississauga, the Sexual Assault Support Centre of Ottawa and the Regional Hospice of Quinte. Realtors across the province are instrumental to the foundation’s success. Their personal efforts are complemented by annual events held by the foundation to bring in funds. An example is the Motorcycle Ride for Charity, a oneday, multi-stop journey that draws in Realtor-riders for a day of fun. What started as a summertime joyride for a group of Realtors who shared a fondness for riding, eventually turned into an annual fund raiser. The ride has taken place every summer since 2006, with increasing amounts pledged each year. To date it has raised more than $247,000 for shelter-related causes in Ontario. This year marks the 10th anniversary of the ride, which takes place on Wed., July 8. It kicks off at the OREA offices and wraps up at the Ottawa Real Estate Board, with stops along the way in Peterborough, Brockville and Smiths Falls. To join the ride, visit the foundation’s website (www.realtorscareontario.ca) and click on “Ride” and “Register for ride.” If you cannot take part but wish to make a pledge, click on “Sponsor a Rider.” The annual ride is but one example of how much Realtors care – it offers a fun opportunity to raise funds for charities that support families in their pursuit of shelter and home ownership. The funds raised go back into communities across Ontario. I would like to recognize all OREA members who generously donate their time, money and skills to their local communities. I am honoured to be part of a profession that places such importance on giving back to its communities. Dreena Gilpin is president of the Ontario Realtors Care Foundation. REM

24 REM JUNE 2015

Re/Max Integra members honoured at Re/Max International convention Broker/owner Jodi Gilmour and broker of record Ryan Gilmour from Re/Max Realty Enterprises in Mississauga, Ont. were recently honoured at the Re/Max International Convention in Las Vegas for top office - largest net gain in sales associates for a multi-office network worldwide. Together, Jodi and Ryan have less than three years of experience as broker/owner and broker of record respectively. Re/Max says that hard work, coaching and training have helped them overcome the growing pains that are associated with any new business. The brokerage has about 170 sales reps working from offices in Clarkson/Lorne Park and Port Credit. Richard Pilarski of Re/Max Realtron Realty in Toronto received the award for the Largest Multi Office – Paid Associate Count in Canada. The brokerage is among the top 20 companies for Re/Max International. Since opening in 1985, Richard and Alex Pilarski’s brokerage has been an anchor in their community. They have won numerous company awards. Re/Max Realtron Realty currently has 734 agents and is the largest Re/Max franchisee in Ontario with 10 full brand offices. Peter DeGroot, broker/owner of Re/Max Twin City Realty in Kitchener-Waterloo, Ont., was presented with the Distinguished Service Award. Degroot has been with Re/Max for more than 25 years. His brokerage has seven locations and more than 420 agents. The company says, “Peter was nominated for the Distinguished Service Award because of his tireless efforts in setting an example of what a Re/Max broker/owner represents. He is a pillar in his

community, supporting many charities tirelessly, and is a visionary who has created an extremely successful environment for his winning team of sales representatives.” The company says DeGroot is working to turn the company over to his daughter Melanie Shantz upon his full-time retirement so she can carry on his legacy. Shantz now handles the majority of the day-to-day operations at the brokerage. “Peter has created an amazing legacy for his family and for

Jodi Gilmour

Sylvia Perdue

Re/Max,” the company says. Sylvia Perdue was named Re/Max Manager of the Year. Perdue started her career with Re/Max 33 years ago. She was a successful sales rep who decided to get into management and has been a manager for Re/Max Realty Specialists for 24 years. She manages 133 agents in her current location in Mississauga and assists with running the brokerage, which currently has 339 agents. Perdue dedicates two days a week to the one-on-one coaching program she designed. She is a Succeed Program Mentor, teaching the program three times a year. “Sylvia’s retention rate is way above the norm she is constantly looking for new and innovate ways to recruit,” the company says. “She is extremely well respected and loved, and is an icon within the industry.”

Ryan Gilmour

Cheryl Kardish-Levitan

Cheryl Kardish-Levitan, broker at CLV Group in Ottawa, was recently honoured with the Canadian Breast Cancer Foundation/CIBC Community Commitment Award (Toronto) in appreciation for volunteering, participating and raising more than $175,000 for The Run for the Cure. “I am very proud and humbled to have received this award and recognition and am grateful to be able to give back after going through my own journey with Breast Cancer 15 years ago,” says Kardish-Levitan. “In 2000 when I participated in my first CIBC Run for the Cure while I was undergoing treatment, I was inspired to raise funds for this worthy cause. Many Realtors, brokers, landlords

and clients have supported me in my fundraising efforts over the years.”

Royal LePage named nation’s 2015 Outstanding Corporate Citizen Royal LePage Real Estate Services has been named the 2015 Outstanding Corporate Citizen by the Canadian Franchise Association (CFA). The company received the award for demonstrating sustained support for the local communities through its network of over 600 brokerage offices and for philanthropic innovation on a national scale. The company’s 16,000 Realtor network has raised more than $20 million through the Royal LePage Shelter Foundation, the largest public foundation in Canada committed to ending violence in the home, and providing support to From left: Shanan Spencer-Brown, executive director, Royal LePage Shelter Foundation; Phil Soper, president and CEO, Royal LePage; and Lorraine McLachlan, president and CEO, Canadian Franchise Association.

Peter DeGroot

From left, YPN Rising Star Award finalists Stacey MaduckRutzki, Amanda Findlay, Travis Quiring and Ryan Bender

John Meehan

Pauline Sweezey

Earl Kotlar presents the Distinguished Realtor award to Joanne Kerr.

Cheryl KardishLevitan receives Community Commitment Award

John McLernon receives his award from Coralee Oakes, minister of community, sport and cultural development (left) and Judith Guichon, lieutenant governor of British Columbia.

Alex and Richard Pilarski

REM JUNE 2015 25

John Meehan honoured with TREB’s Award of Merit John Meehan, broker/owner of Re/Max Unique in Toronto, recently received the Toronto Real Estate Board’s Award of Merit. It’s the highest award given by the board of directors and is presented to someone who has significantly advanced the real estate profession, and in doing so, has furthered the core purposes of TREB. “I am honoured to be recognized for my efforts in advancing the real estate profession and for being included among such an elite group of individuals who have also received TREB’s Award of Merit,” says Meehan.

Pauline Sweezey wins Dave Hawkins Award The New Brunswick Real Estate Association (NBREA) has bestowed this year’s Dave Hawkins Award on Pauline Sweezey, a Miramichi Realtor with more than 35 years of experience in the real estate industry. The award is presented annually to an individual who has made an outstanding contribution to the real estate industry in New Brunswick. Sweezey has been a leader in organized real estate at all levels – local, provincial and federal, says the association. She was president of the Northern New Brunswick Real Estate Board, president of the New Brunswick Real Estate Association and a member of the CREA Board of Directors.

“Pauline has a tremendous passion for the industry,” says NBREA president Kari McBride. “She has been a great advocator for real estate in New Brunswick and her professional resume and achievements only highlight that.”

Stacey Maduck-Rutzki wins first Rising Star award The Young Professionals Network (YPN), a committee of the Association of Saskatchewan Realtors (ASR) has awarded the first-ever YPN Rising Star Award to Stacey Maduck-Rutzki, a Realtor with Century 21 Dome Realty in Regina. The association says the competition was stiff between the four finalists, which also included Amanda Findlay of Realty Executives Moose Jaw, Travis Quiring of Royal LePage Varsity in Saskatoon and Ryan Bender of Re/Max Crown Real Estate in Regina. Maduck-Rutzki was nominated by her broker, Bernie Weinbender, who said, “With only two years in the industry, Stacey is already seen by many as a natural leader and is respected for her innovative approach to being a successful young business woman. She achieved an elite level of success within her first year and repeated that in her second year.” Maduck-Rutzki is also wellknown for her contribution to community organizations. The purpose of the YPN Rising Star Award is to recognize new Realtors who are in their first five years in the business who have outstanding leadership skills and dedication to the real estate community. The selection of the finalists was made by evaluating their degree of professionalism, their level of participation in the industry, their desire to further their education and their leadership, dedication and commitment to the community and the industry.

Joanne Kerr named CMHC/ASR Distinguished Realtor The Association of Saskatchewan Realtors (ASR), in

conjunction with Canada Mortgage and Housing Corp. (CMHC), has named Joanne Kerr of Re/Max Saskatoon the recipient of the 2015 Distinguished Realtor Award. The award was presented by Earl Kotlar, manager of business development for CMHC for the Prairies and Territories at the ASR Quality of Life Legacy Gala recently. The purpose of the award is to recognize an active member of the association who has demonstrated outstanding leadership and dedication to the real estate community through involvement in the provincial association, local board and the community. Kerr was the first chairperson of the Quality of Life committee and built the committee from the ground up. She worked tirelessly to provide the vision and manpower to make the gala and fundraisers a success, says the association. In 2006, Joanne was honoured as the Saskatoon Realtor of the Year.

John McLernon receives B.C. Community Achievement Award John McLernon, honorary chair and co-founder of the Colliers Macaulay Nicolls Group of Companies, recently received a B.C. Community Achievement Award for his work in the community, in particular for founding and stewarding Streetohome Foundation. The awards are given out by the premier of British Columbia to celebrate the spirit, imagination and dedication of British Columbians who make a significant difference in their communities. Streetohome says it owes much of its success to McLernon and his commitment to helping people who are homeless or at risk in Vancouver. The award was originally announced in 2014, but he received it recently in a formal presentation at Government House in Victoria. As CEO of Colliers Macaulay Nicolls for 25 years, he developed the firm from a local Vancouver company to one of the top global commercial real estate service providers, operating in 60 countries. REM

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YOUR CLIENT’S NAME 123 MAIN STREET, SUITE 123 CITY, PROVINCE M2N 6S6 CAPITAL IMPROVEMENT — Capital improvement is an n addition or alteration to real property that increases ap property’s overall value, adapts the property to new usses, or prolongs the useful life of property.

Re egular maintenance does not qualify as capital improvement. Fo or example, while putting vinyl siding on the exterior walls of a wo ooden property is considered a capital improvement, simply pa ainting the outside of that same wooden house is not. Replacing old d, leaky windows is another example of capital improvement.

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If you’re thinking about moving soon you’re certainly not alone – we’re heading into the busiest moving season of the year!

Finding just the right home can take long enough – once your offer’s been accepted, you don’t want any delays. What can you do to avoid hurdles that could slow you down as you sprint towards closing day?

Using data from the Canada Post P Change of Address service, we can get a general idea of why w people tend to move, how far they move and the timing of o their move:

Reasons for moving: 22 percent p of Canadians move because of work-related rea asons while 20 percent move to upgrade their home. Anotther 17 percent move for family reasons.

Ensure there are no problems with your credit report before you ap apply pply y ffor or your mortgage loan. Your won’t look that way to your lender if you ur report contains any mistakes or omissions. Avoid doing ng ga an anything ny thin ng tha th that hat co could uld sig significantly alter your financial picture, such as changing jobs or makking major purchases. The mortgage application process is an ong going one that takes into consideration everything you do right up to closing.

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Where do people move? While W most Canadian families move within the same provin nce, the trends show that 13 percent move to another pro ovince and four percent move outside the country. Among all movers, Atlantic Canadians are most likely to stay within n the same city. When do people move? Summer S is generally the preferred time to move, with h twice as many households moving in July as compared d to January. Regionally, Westerners are most likely to o move throughout the year while in Quebec, moves qua adruple in July.

If you’re just in the initial stage es of planning to buy or sell a home, please call today for no o-obligation real estate updates and for insight into the latest lo ocal market conditions!

Terminology ology Tip Annual Percentage Rate (A.P.R.) — An A.P.R. is an interest rate reﬂecting the total cost of a mortgage for a whole year (annualized), rather than just the monthly fee/rate. This rate is likely to be higher than the stated note rate or advertised rate on the mortgage, because it takes into account not just the interest on the loan, but other charges you may have to pay, points and other credit costs. The APR allows homebuyers to compare different types of mortgages based on the annual cost for each loan.

Be certain your loan application appl pllic lic catio on is accurate a and complete. You don’t want any missing paperwork, blan nk form ﬁelds, transposed numbers, or even simple spelling mistakes to delayy the approval of your loan.

Make sure your loan officerr a and nd rreal ea estate representative know how and where to quickly get get hold hold of you, so you can respond without delay in the event your lender makes m a last-minute request for additional paperwork, for example.

Satisfy all the conditions off yo y your ou r m mortgage loan in a timely manner. For instance, your lender mayy require (for your protection and theirs) proof that you’ve you ve arranged for ho omeowners insurance on your new property before they’ll approve you ur loan.

Have plenty of cash h to to complete comple lete the th transaction, and ensure ens nsure e it’s itt’s s accessible. Closings are often delayed by buyers who lack sufﬁcient funds to cover the hom me me itself and closing costs, or who o run into complications shifting their moneyy around.

tney From the desk of Courtney

b buying or Whether you’re thinking of s to home, or are just curious a selling your d, od eighbourhoo values in your ne real estate eal ea ou talk to a re to make sure yo you’ll want e ble who is knowledgeab estate professional and familiar with the area.

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the women and children who fall victim to it. The Outstanding Corporate Citizen Award is presented annually to a franchise system that has demonstrated genuine and ongoing concern and support for a community or social service organization. Royal LePage is the only real estate company to ever win the award. All administrative costs of the Royal LePage Shelter Foundation are underwritten by the company, ensuring 100 per cent of all donations go to the cause.

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26 REM JUNE 2015

he British Columbia Real Estate Association (BCREA) recently elected Scott Russell as its 2015-2016 president. Russell is a broker and owner of Sutton Group - Seafair Realty in Richmond. He has more than 35 years of experience. He was president of the Real Estate Board of Greater Vancouver in 2009-2010. Joining him as officers of the association are president elect Deanna Horn of Re/Max Treeland Realty in Langley, past president Jake Moldowan of Re/Max Jake Moldowan Realty and Versatile Development Group in Richmond, and CEO Robert Laing. New directors David Kearney of Port Coquitlam and Gary McInnis of Victoria have begun their term and Dick Pemberton of Kamloops is back for another twoyear term. Returning Realtor directors include James Palanio of Penticton, Rosario Setticasi of North Vancouver and Jim Stewart of Nanaimo. The association also welcomed its two returning public directors, Anthony Ariganello and Sharon Bryan. BCREA has more than 19,000 members.

“Change is the operative word this year. For some, change can be scary. We are all adapting to new forms and procedures and it is very important to remember that we are the professionals. It is up to us to educate buyers and sellers on their rights and obligations and make sure every real estate experience is a positive one,” Weiss says. ■ ■ ■

The London and St. Thomas Association of Realtors (LSTAR) recently recognized one of its longest serving members with a

plaque commemorating 55 years of service. Bill Putherbough joined the association in 1959 and he is still selling real estate. “As you can imagine, we don’t give out a whole lot of 55-year plaques,” says Carl Vandergoot, LSTAR president. “Bill remembers a much smaller London, where everybody shopped downtown and convincing people to move all the way out to then new subdivisions… was a challenge. (The board’s) first offset duplicating machine was what passed in those days for leading edge technology and the term MLS had yet to be coined.” Honored for their 45 years of service were Realtors Bill Bouris, Ruth Ann Drozd and, posthumously, Ron Boyle. ■ ■ ■

Winnipeg and area Realtors celebrated 10 years of serving turkey dinner with all the trim-

Scott Russell

Roberta Weiss

Bill Putherbough

François Bissonnette

Tom Wilkinson

Kari McBride

mings on Good Friday at Siloam Mission. This year they served more than 500 inner city Winnipeggers. More than 50 Realtor volunteers raised thousands of dollars, bought all the food and prepared and served each plate. The Mission volunteers and staff presented the Manitoba Real Estate Association (MREA) with a cake to commemorate the 10th anniversary event. Later in April, Roger Burns, chair of the MREA Shelter Foundation, did exactly what late MREA CEO Brian M. Collie would have wanted. After Collie’s funeral and reception was held, there were 37 trays of deli sandwiches, veggies, pickles, cheese and dainties left over. Burns and another volunteer loaded up two cars with the trays and dropped off all the food to help serve inner city families at Siloam Mission.

Collie was loved for many reasons, says the association. One was making sure that there was always more than enough food to serve at every gathering. Another was giving to those in need – as generously as possible – and at every opportunity possible. ■ ■ ■

London, Ont.-based sales rep Eavan Travers has been appointed commercial director of the Ontario Real Estate Association (OREA). She has also been named Canadian regional vice president (Region 12) of the Certified Commercial Investment Member (CCIM) Institute for 2015. Active in real estate for 25 years, Travers is a salesperson with Re/Max Advantage Realty in London. She is a founding member and former chair of the LSTAR regional commercial council. Travers is the first woman to serve as commercial director at The Salvation Army was one of many organizations that received grants from the MREA Shelter Foundation in 2014.

■ ■ ■

Roberta Weiss of Century 21 Bachman & Associates in Winnipeg is the 2015 president of the Manitoba Real Estate Association (MREA). She brings almost 30 years of real estate experience and passion to the job. Weiss has served on 17 different volunteer committees and task forces since the late ’90s, as a leader in the areas of education, finance, insurance, sales and professional standards. As one of her first duties, Weiss led the charge to make sure MREA’s more than 2,100 Realtors were educated, equipped with tools and fully informed about the new Manitoba Condo Act, says the association.

Eavan Travers

The 37 trays of food left from Brian Collie’s funeral reception were donated to Siloam Mission.

Association of Saskatchewan Realtors past president Len Wassill presents a grant to Aimee Unchulenko of Esterhazy Community Daycare Co-operative.

Above: Some of those who helped serve turkey dinner at Siloam Mission, clockwise from left: Suzanne Mariani, Re/Max Performance; Hannon Bell, Royal LePage Prime; Lukas Berglind, on internship from Sweden working at Re/Max Professionals; Lee Almstrom, Re/Max Professionals; Madison Harvey, Almstrom’s daughter; and Jackie Madden, Re/Max Professionals.

REM JUNE 2015 27

OREA. She has been an active appointee to OREA’s commercial council since 2008. She also served on the Real Estate Council of Ontario’s commercial real estate advisory committee (2009-2012) and was appointed the Ontario director to the CREA commercial council in 2013. Ms. Travers became a CCIM designee in 2009. The CCIM Institute, established in 1954 and boasting a membership of 13,000, is recognized as the global leader in commercial and investment real estate education and services. ■ ■ ■

The Greater Montreal Real Estate Board (GMREB) has elected François Bissonnette as president of its board of directors. A chartered real estate broker with more than 20 years of experience, Bissonnette holds a bachelor’s degree in administrative sciences from HEC Montreal and has been the owner of the Realta real estate agency since 2008. The board says Bissonnette has extensive experience in the real estate market and in addressing the challenges associated with the presidency of a board, because he is also president of the Collège de l’immobilier du Québec’s board of directors, a position he has held since 2013. ■ ■ ■

The Lakelands Association of Realtors announced that Tom Wilkinson is the association’s president for 2015-2016. Wilkinson is a broker with Century 21 Granite Realty Group in Minden, Ont. He has served twice on the board as director and was also a member and chair of the association’s MLS committee. Also serving on the board will be immediate past president Mike Stahls of Royal LePage Real Quest Realty in Orillia; president elect Mike Taylor of Coldwell Banker Thompson Real Estate in Huntsville; returning directors Debbie Gilbert of Re/Max Orillia Realty in Orillia and Debbie Vernon of Royal LePage Lakes of Muskoka Realty in Bracebridge; and newly appointed directors Heather Scott of Re/Max Hallmark Realty in Port Carling, Catharine Spencer-Inniss of Royal LePage Lakes of Muskoka Realty in Gravenhurst, and Emilio Foffano of Royal LePage Lakes of Muskoka Realty in Burk’s Falls.

The association represents more than 660 Realtor members who serve Muskoka, Haliburton, Orillia and Almaguin. ■ ■ ■

The New Brunswick Real Estate Association (NBREA) recently announced its new board of directors for 2015-2016. The executive is president Kari McBride, Fredericton; 1st vice president Robert Stewart, Campbellton; 2nd vice president Linda Vautour, Miramichi; secretary-treasurer Gordon Breau, Saint John; and past president Paul Burns, Moncton. The directors are André Malenfant, Moncton; Wendy Hallihan, Fredericton; Sheila Henry, Saint John; Jean LeBlond, Valley; and Rejean Boucher, Northern. The government appointees are Erin Hardy, Fredericton and Andrew McLeod, Fredericton. ■ ■ ■

Saskatchewan Realtors gathered in Regina recently for their third annual Legacy Gala. Part of the Quality of Life in Saskatchewan initiative, the funds raised at the gala are collected to provide grants to six worthy charities from across the province every year. Recipients presented with a $5,000 grant by a Realtor from their local community were: Esterhazy Community Daycare Co-operative, Swift Current Community Youth Initiative, Lloydminster Community Youth Centre, North East Outreach and Support Services, READ Saskatoon and Mackenzie Infant Care Centre. “Once again, we received far more grant requests than we could accommodate,” says Shelby Wilk, chair of the Quality of Life committee. “It’s so difficult to limit our decision to six worthy charities, but we are grateful to be able to assist those who enhance the quality of life in our communities every day.” ■ ■ ■

Providing safety and care to families and individuals in need, the Manitoba Real Estate Association Shelter Foundation distributed $47,712 in grants to shelter organizations in Manitoba in 2014. Donations are received through

volunteer efforts and events including WinnipegRealtors Gimme Shelter, the annual MREA President’s Charity Golf Classic, Instant Wine Cellar and the annual MREA Shelter Foundation Fishing Derby. Realtors also give through the Close a Sale, Open a Door campaign and one-time gifts. Chair Roger Burns is challenging every broker office and Realtor in Manitoba to join the campaign and donate $10 from every house or property sold throughout 2015. ■ ■ ■

The London and St. Thomas Association of Realtors (LSTAR) presented a Quality of Life Award to member Mary Johnson at its recent AGM. The award is for Kindness Above Everything, a charity Johnson founded that connects with local agencies to determine what people living in shelters or transitional housing need and then provides them with those necessities. A second Quality of Life Award was presented to a team made up of LSTAR members Debbie Collins, Dan Grantham, Warren Shantz, Barb Whitney, Peter Whatmore and LSTAR’s director of business and promotions Tracy Marino for their work organizing the 2014 Hockey Helps the Homeless London tournament. The 2014 tournament raised $120,000 – $40,000 each for Merrymount Family Support and Crisis Centre, Youth Opportunities Unlimited and the Unity Project. LSTAR bonspiel committee chair Glen Gordon presented Mission Services of London with a cheque for $12,341, representing the funds raised by this year’s bonspiel and LSTAR’s Home for Hope pins. Quality of Life chair Heather Arnott presented St. Joseph’s Hospice with a cheque in fulfillment of LSTAR’s 2013 pledge to donate $50,000 over two years towards the establishment of the first residential hospice in the community. The funds came from a number of sources, including the proceeds from a Slo Pitch tournament and Ontario Realtors Care Foundation grants. Finally, 2014 Christmas Gala chair Michelle Orsini presented the Merrymount Family Crisis and Support Centre with a cheque for $$26,785, bringing the association’s total donation to Merrymount to $51,431. REM

28 REM JUNE 2015

Industrial, Commercial & Investment

By Natalka Falcomer

ou’re a professional. You’ve been trained to understand what your client needs. And you know how to find the best real estate. You and your client are excited, you sign the offers and then close the deal. What you may not know is that you’ve made a big mistake. The lease your client just signed will ruin their business and they’ll blame you.

LEGAL ISSUES

By Donald H. Lapowich

property owner who was landlocked and whose access to a municipal roadway was through a right-of-way over the next door neighbour’s property used the easement for his vehicle ingress and egress. The neighbour objected to a vehicle going over the easement and the court was asked to rule on whether the easement could allow only foot traffic. The court came to the conclusion that the initial grantor did not

This happens frequently when negotiating and signing offers because, although legal advice is advisable, it isn’t practical. Lawyers give complex, lengthy and expensive analysis and slow the deal process. As a lawyer who built and led a leasing department for a private equity real estate investment firm, I saw how lawyers would frustrate everyone; yet, without legal advice major consequences would follow. Since a lawyer may not be readily available, it’s best to arm yourself with knowledge and think like a lawyer. Thinking like a lawyer is easy – be paranoid and always think of the worst case scenario! The knowledge part, however, can be more cumbersome. So, we’ll start with one clause at a time, beginning with the most frequently overlooked but potentially dangerous clause.

Think like a lawyer, act like a leasing guru The relocation clause: Your client is a hairdresser and her business depends on walk-ins. She needs foot traffic generated by pedestrian roads and “name brand” tenants. You find her the perfect unit. It’s right beside a popular café and faces a busy sidewalk. You sign the offer, but pay no attention to the lease attached to the offer. After all, the terms look fairly standard and you got your tenant a great rental rate. Three months later the landlord says she is being relocated to the back of building where there is no foot traffic and where there are no “feeder tenants”. After four months, she loses her business and you lose a client. What happened? You didn’t see the Landlord’s Right to Relocate clause, which stands on its own or can be buried in the Control of Building by Landlord clause. What is this clause and why does the landlord want it? The landlord will typically want to

intend to restrict motor vehicles using this easement. That is because of the width of the easement, the purpose of the easement, its historic use, the use by other vehicles, the knowledge of that by the neighbours and any lack of restriction in the registered deed. The court made a declaration that the owner had access and egress by motor vehicle. (Panabaker [Estate of] v. Robinson, 2014 ONSC 5019)

However, the Occupiers’ Liability Act made the store an occupier and landlord as co-occupier (and vice versa). Because the store did not pay attention to the area in front of store and its maintenance, the store was also determined to be liable and could not rely on the mere assignment of maintenance to the landlord. (Soomre v. P.A. Ramey Enterprises Ltd. et al, 2012 ONSC 782)

■ ■ ■

Landlord/tenant co-occupiers: In a different case, the plaintiff was pregnant with twins. While walking in the parking lot in front of store, she tripped and fell over a pothole. The twins were delivered prematurely. She sued the landlord and tenant store corporation. The store and the landlord had a lease agreement whereby the landlord was responsible to maintain the parking lot. One would think that would be determinative of liability.

Employee not liable to employer’s insurance company: The female defendant worked for the plaintiff as a summer student. The defendant unfortunately caused a fire resulting in property damage to the employer’s business. The employer made a claim to its insurance company and once the insurer looked at the matter, they commenced an action against the female defendant, alleging that the loss was caused by her negligence. The Nova Scotia Supreme Court found that an employee’s lia-

retain a lot of rights in its maintenance, management and operation of the building. Moving a tenant is central to a landlord’s management of the tenant mix and its ability to make changes to the building. For example, the landlord may want to attract another tenant or demolish the unit to create a larger space for an existing tenant. Given these objectives, watch out for wording that says: “Landlord has the right, on no less than 60 days’ notice, to relocate tenant (including its subtenants and all other permitted occupants) to other space in the centre designed by landlord of comparable size in which the tenant must complete the relocation within 30 days after the landlord’s notice. The new premises replaces the old for all purposes of the lease. “In the event of relocation, the landlord will pay to the tenant on an equitable basis, for capital costs incurred by tenant for new trade fixtures as a direct result of such relocation.”

bility to an employer for ordinary negligence did not give rise to a prima facie duty of care. In other words, the court looked at the employer and employee’s expectations, their representations with regard to the summer work, their reliance on the summer student, the circumstances and facts of such employment and concluded that imposing a duty of care on the female defendant summer student would be unjust and unfair. The court also found that no duty of care arose and the plaintiff’s insurance company therefore failed. (Portage LaPrairie Mutual Insurance Company v. MacLean, 2012 NSSC 341) Full decisions at www.canlii.org. Donald Lapowich, Q.C. is a partner at the law firm of Koskie, Minsky in Toronto, where he practices civil litigation, with a particular emphasis on real estate litigation and mediation, acting for builders, real estate agents and lawyers. REM

Let’s consider our earlier hairdresser scenario. This clause gives the landlord the right to move your client with only 60 days notice. Your client has only 30 days to move, which will completely disrupt her business. The landlord, however, has no obligation to reimburse your tenant for this inconvenience. The landlord only has to pay your client her costs to change the fixtures in the new unit and nothing else. She doesn’t get reimbursed for her loss of business income, her moving costs or her marketing costs letting her clients know about the move. What should you do? If you’re representing the tenant, make sure that you strike out this clause completely. If the landlord has more bargaining power than you, insist that your client be provided a “turn-key” premises in a comparable location, size, configuration and of comparable accessibility. If your hairdresser client had this wording, she would have been moved to another unit that provided the same foot traffic and feeder tenants that her old unit provided. You should also make sure your client is reimbursed for any loss of business income, goodwill or other profits because of the relocation. If the landlord disagrees with subsidizing these costs, request that any relocation will only occur if your client agrees to the relocation in writing. The client should also request that all costs, including but not limited to leasehold improvements and moving costs, be reimbursed as a result of the relocation. This article offers general comments and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues that concern. Natalka Falcomer is a lawyer and licensed real estate sales agent who has a passion to make the law accessible and affordable. She founded, hosts and co-produces a legal call- in show on Rogers TV, Toronto Speaks Legal Advice. She co-founded Groundworks, a firm dedicated to offering practical lease reviews that helps agents, landlords and tenants make more, better and faster lease deals. www.groundworksfirm.com. REM

REM JUNE 2015 29

The balance of a top producer By Ryan Hodge

t’s interesting to reflect as seasons change and as the years go by. I’ve been fortunate to have a successful rise in the real estate industry and am often questioned by fellow Realtors about how I balance a family with three boys under the age of 10, a busy real estate career and now a vibrant brokerage, which has grown to over 60 members in just over a year. The simple answer – I don’t always. I was fortunate to have an exceptional first year when I became licensed. In my first full calendar year I managed to sell 117 homes with the assistance of one buyer agent. I was also blessed to

partner with Shawn Westerik, an exceptional professional, to build an award-winning real estate team with the Re/Max brand in London, Ont. before launching our successful independent brokerage in 2013. In both 2009 and 2014 through all the success, it came to my attention that I had become naive to the concept of balance in some regards despite all the awards, recognition and company growth. So when asked the question of how I maintain balance I would prefer to shed some insight on the tools I have learned to “rebalance”. In a picture perfect world of social media, many would think that life is perfect. It is not. I would be the first to put our proven sales and brokerage systems against the largest teams, brokerages or brands in the world but unless a true knowledge of the self is investigated, productivity in business or at home will eventually suffer. The traditional coaching experience for real estate for lead gener-

ation and selling more homes was not what I was seeking this year. I wanted to begin further work on developing myself so that I could bring my very best to my business partner, our agent membership and our growing company. Through this process, I have learned and implemented specific tools to help create “Balance of the Self”. This process may not be for everybody and I certainly have not mastered it. I will always have to work on this, but for me personally it is crucial to my own path. By investigating how I’m personally “hard wired”, I can then dissect what can take me out of balance. When you develop and work on the self, rather than escaping to mask personal challenges, it can create an entirely new toolbox to assist with balance and overall well being. Here are five steps that I implement to maintain balance, which then leads to productivity in both the business and personal realms. 1. Know what makes you tick. I

have an addictive personality. This is not always a bad thing, but it is crucial to understanding how to create new routines when you are addicted to success as well. 2. Create your intimate circle: With a booming client list and being in the public eye, this can be a challenge. For me it is now much simpler: Family, business partner, close personal friends and my guide/coach. They get my time first and foremost. 3. Use the “Mirror Principal”: Everyone that you encounter is a reflection of you, good or bad. They are here to teach us what we want to change about ourselves for the better. Follow those lessons closely and evolve from them. 4. Never blame anyone in the professional world when something goes wrong. Why? It was our choice to get involved with them on a business or client level to begin with. Own your choices. This applies to personal life as well, even when times are tough. 5. Stay away from toxic. That

means people, places and things. Everything is energy and when we associate with negative energy, it has a negative impact on every aspect of our lives. If you feel like you’re working in that lower vibration, get out of it. Growing a company, maintaining a high sales volume and keeping my personal life in harmony will never be a perfect process. I am thankful for the knowledge I’ve gained and support I’ve had from my family, mentors, my business partner and fellow real estate colleagues. I believe that in a world where leadership and success are often viewed through the “smoke and mirrors” world of social media, sharing personal stories that inspire will assist fellow professionals in achieving great success inside and outside of our wonderful industry. Ryan Hodge is broker of record/owner of The Realty Firm in London, Ont. www.therealtyfirm.ca

Powe erful momentum

IS WHAT WE DO We are pleased to announce the merger of Royal LePage We estside and Prudential United Realty. M ch Mi chae a l Be B rtra and nd, br b oker/owner of the new wly-merged Royal LePage Westside, has bu buililtt a su ucces essful career in his over 4 42 years in real estate. His business phillosop phy is rooted in a comm mitment to creating a positive culture a d he an e int n en ends to leverage the com mpany’s strong brand recognition as Canada da’s Rea e l Estate Company. T Together, our momentum continues. The e new w Royall LeP Page Westside has do oubled in size, growing to more than 90 age ents in n the e highly-competitive Kerrisdale K corridor. With this merger, Ro oyya al Le L Pa Page ge c co ontinu onti on n es its dramatic gro owth in the Greater Vancouver area, the fastest gro owing real estate market in Canada. Partner with a leader. Join Royal LePage.

royallepage.ca/franchising 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.

REM

30 REM JUNE 2015

of the PanAm games and was perfect for their needs. It will have a full wrap different than what you see here but keep your eyes open and say hi to the guys on the bus when it rolls through your town.” ■ ■ ■

Good Works J

im Knowles of Re/Max Commercial/Residential Property Management in Kamloops, B.C. is a volunteer ski coach for physically disabled kids. “In April I drove a motor home to Quebec to have my skiers race in the Para Nationals Championships at Mont SainteAnne, Que.,” he says. “Both my skiers did well with Pramod Thapa getting a 4th in slalom behind the U.S.A. and Canadian National

Engel & Völkers announced a three-year sponsorship of the Special Olympics #PlayUnified Campaign.

teams; and Mel Pemble a gold in junior giant slalom. A long drive but well worth it for the kids.” Knowles is leasing the motor home to the Toronto 2015 Pan Am & Parapan American Games to use during the torch relay this summer. “This is the same motor home that Rick Hansen used three years ago for his 25th anniversary tour across Canada. It had been fitted out for Rick by the same organizers

Jim Knowles drove his motor home from Kamloops to St. Anne, Que. so the kids he coaches could compete in the Para Nationals Championships.

David Halls of Royal LePage Royal City Realty in Guelph, Ont. and his wife Robin-Lee Norris recently hosted an exciting Wicked Car Rally in support of their participation in the upcoming Machu Picchu Challenge for Shelter. Halls, Norris and close friends, Alex and Susan Frasson and Kevin McKitrick recruited an enthusiastic 54 participants, organized in 16 teams. Each team was challenged to raise funds in support of the Guelph-Wellington Women in Crisis Centre. The event netted more than $15,000.

Presenting the cheque from Royal LePage Kelowna to the Kelowna Women’s Shelter, from left: Dave Favell, shelter executive director Karen Mason, Francis Braam, the shelter’s Kathleen Lemieux and Steve Gray.

Sales reps and staff at Exit Realty Group participated in the Habitat for Humanity build in Quinte West, Ont. during Women’s Build week. They spent the day in full construction gear to help build the Quinte area’s newest Habitat Home. From left: Marlene Letourneau, Jaime-Lynn Fowler and Angela Burness. Also taking part in the build were Lisa Hatfield, Heather Plane and Nancy Durelle.

From left: Jon Chung, Melissa Mungall, Carla Brown, Vanessa Campagnolo, Scott Shaw and Vic Jang.

Andrew Ipekian

The Re/Max Ocean Pacific Realty sales team recently presented a cheque for $8,000 to Pastor Kevin Elsasser of the Salvation Army to support the Comox Valley Tuesday Lunch program. Photo: Dave Procter.

Participants Chris Bird and Dave Visentin at the Wicked Car Rally

Stan and Chris Matlashewski unload donated clothing.

Rebecca Permack (front row, kneeling) and the 5th Annual Burke Mountain Community Easter Egg Hunt volunteers.

From left: John O’Neill, Phil Downey and Harry Pratt.

REM JUNE 2015 31

Each team ran three separate routes while participating in a concurrent poker run. The most memorable moment of the day was a close call between a Maserati and a classic restored MG. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;d say we were about one centimetre away from a very expensive fender bender,â&#x20AC;? says Halls. â&#x2013; â&#x2013; â&#x2013;

Several representatives from Sutton Group were among the 45,000 enthusiastic walkers and runners in the Vancouver Sun Run recently. This is Canadaâ&#x20AC;&#x2122;s most popular 10-km race for good reason â&#x20AC;&#x201C; the routes feature breathtaking views of English Bay, Stanley Park and the Burrard Inlet. Entry fees support the Vancouver Sun Raisea-Reader campaign and programs for B.C.â&#x20AC;&#x2122;s amateur athletes. In the 2.5-km run, Sutton entered a team of six: Jon Chung, Melissa Mungall, Carla Brown, Vanessa Campagnolo, Scott Shaw and Vic Jang. In the 10-km event, a second Sutton Sun Run team included more than 20 Realtors from across the Lower Mainland.

ing in multiple digital advertising channels. The auction will be part of the Toronto Taste Live Auction on June 7 to raise funds for food rescue charity Second Harvest. â&#x20AC;&#x153;Second Harvest is one of the best ways to help feed children, adults and seniors experiencing hunger in our city,â&#x20AC;? says Ipekian. â&#x2013; â&#x2013; â&#x2013;

Coldwell Banker R.M.R. recently donated $5,000 to the local Rotary group in Port Perry, Ont. The brokerage has donated almost $40,000 to the club during the last few years. Sales reps donate $25 from each deal into a general fund, which is used to support local worthy causes. The brokerage also sponsors a monthly ad in a local paper that highlights the citizen/organization of the month in conjunction with Rotary. The idea is to promote local people and groups that make life better for all who live in the Scugog area, the brokerage says. â&#x2013; â&#x2013; â&#x2013;

â&#x2013; â&#x2013; â&#x2013;

Chris Matlashewski of Royal LePage Foothills and his father Stan Matlashewski of Comox Realty Group in Calgary recently organized a clothing drive benefitting The Mustard Seed homeless shelter. McDonalds sponsored the event by providing coffee and muffins, and the community newspaper donated free advertising space. â&#x20AC;&#x153;As a result, we managed to almost fill a five-tonne cube truck,â&#x20AC;? says Chris. â&#x20AC;&#x153;Over 100 boxes and bags of clothing were donated by the community and will be made available to homeless men and women staying at their shelter.â&#x20AC;? On average the shelter serves 350 people. â&#x20AC;&#x153;We also asked that hygiene items like toothpaste and toothbrushes be donated,â&#x20AC;? says Chris. â&#x2013; â&#x2013; â&#x2013;

Toronto sales rep Andrew Ipekian of Keller Williams Realty is donating his services to sell a charity auction winnerâ&#x20AC;&#x2122;s home free of charge. The prize package includes real estate fees of 2.5 per cent (or five per cent if he acts as both the listing and selling agent), home staging advice, maid service, professional photography and virtual tour, open houses and market-

Engel & VĂślkers will be the first cause marketing sponsor for the Special Olympics #PlayUnified campaign. The campaign plans to inspire and mobilize youth around the world to connect with people with intellectual disabilities and create more inclusive communities, leading to a more respectful world for everyone. â&#x20AC;&#x153;Engel &VĂślkers is proud to be a part of developing the first Unified Generation that will fight inactivity, intolerance and injustice for people with intellectual disabilities,â&#x20AC;? says CEO of Engel & VĂślkers North America, Anthony Hitt. â&#x20AC;&#x153;Throughout the duration of our three-year sponsorship of Special Olympics we will be focusing our efforts on the support of the new #PlayUnified Campaign, which strives to build inclusive communities through sports.â&#x20AC;? â&#x2013; â&#x2013; â&#x2013;

Royal LePage Kelownaâ&#x20AC;&#x2122;s broker/owner Francis Braam and broker/managers Dave Favell and Steve Gray recently presented more than $11,200 to the Kelowna Womenâ&#x20AC;&#x2122;s Shelter. Sales reps in the office donated part of their commissions to the Royal LePage Shelter Foundation

and held fundraising events throughout the year. The brokerage says in a news release: â&#x20AC;&#x153;It is estimated that 360,000 children witness family violence in any given year. By assisting womenâ&#x20AC;&#x2122;s shelters, we are ensuring women and children have a safe haven from domestic violence and provide funding for support and programs like the Inside/ Outside Violence Prevention for Youth offered by the Kelowna Womenâ&#x20AC;&#x2122;s Shelter in our communities and schools. This type of support is essential in helping women and children heal and rebuild their lives.â&#x20AC;? â&#x2013; â&#x2013; â&#x2013;

Broker/owner Kent Browne and the teams at Royal LePage Gale Real Estate and Royal LePage Team Realty in Ottawa hosted their annual charity auction recently and the event raised $66,500 in support of The Ottawa Hospital Foundation for womenâ&#x20AC;&#x2122;s cancer services and research. The sum shattered last yearâ&#x20AC;&#x2122;s tally by nearly $20,000. Browne and agent John Oâ&#x20AC;&#x2122;Neill served as co-auctioneers for the live auction. A silent auction was also held featuring items donated by the sales team, staff and supporters.

Announcement Broker of Record/Owner John Meehan receives TREB Award of Merit Please join us in congratulating John Meehan, recipient of the TREB Award of Merit. John is celebrating nearly 20 years with RE/MAX, as the Broker of Record/Owner of RE/MAX Unique Inc in Toronto. The Award of Merit is the highest award given by the TREB Board of Directors. It is awarded to an individual, as a member or non-member of TREB who over their career core purposes of the Toronto Real Estate Board. John was granted the TREB Award of Merit on January 22, 2015, in a unanimous vote by the Board of Directors. Dedicated to bettering his community, John is also a committed volunteer with various organizations. A prime example of a superb Broker of Record/Owner, we recognize that John has made Real Estate industry as a whole. Please join us in congratulating John, as recipient of the TREB Award of Merit. We continue to wish you well!

John Meehan Broker of Record/Owner

Unique Inc. Brokerage

â&#x2013; â&#x2013; â&#x2013;

Galloway Park in Coquitlam, B.C. was a sea of chocolate eggs on April 3, thanks to the efforts of Rebecca Permack of Royal LePage West Real Estate Services. Her 5th Annual Burke Mountain Community Easter Egg Hunt saw more than 1,200 children scrambling to collect 30,000 chocolate eggs, all in support of the Royal LePage Shelter Foundation. The event raised $8,001, which will be directed to local shelter, Tri-City Transitions. â&#x2013; â&#x2013; â&#x2013;

Recently Royal LePage Grand Valley Realty presented its annual fundraising evening in support of the Royal LePage Shelter Foundation in Cambridge, Ont. The interactive murder mystery performance, entitled Jerry Swingers, was presented by the Itâ&#x20AC;&#x2122;s a Mystery to Me theatre troupe. Guests brought their sense of humour and generosity, raising $6,492. The proceeds will be directed to a local shelter, Haven REM House.

Announcement RE/MAX INTEGRA Welcomes New Broker/Owner of RE/MAX Charlottetown RE/MAX INTEGRA is proud to welcome Mary Jane Webster as the new Broker/Owner of RE/MAX Charlottetown. For the past 20 years, Don Martin has been at the helm and has built the RE/MAX brand in Charlottetown. Don's vision, perseverance and business acumen has propelled RE/MAX Charlottetown to the top of the real estate industry. As Don hands the reins over to Mary Jane, RE/MAX INTEGRA is grateful to Don for building the brand and is excited for the future. Mary Jane's belief in staying on the innovative marketing will undoubtedly continue to position RE/MAX above the crowd. RE/MAX Charlottetown's Associates have a deep commitment to the community and believe in giving back. Their continued support of the RE/MAX Miracle Home Program is proof. Through the Miracle Home Program, a portion of each property sale is donated to the IWK through the Children's Miracle Network. In 2014, RE/MAX Sales Associates donated more than $100,000.00 to the IWK. RE/MAX Charlottetown's Sales Associates not only contributed to the IWK, but they also donated over $86,000 in food to the local food bank over the past 5 years. Please join us in congratulating Mary Jane and thanking Don Martin.

Mary Jane Webster Broker/Owner

Charlottetown Brokerage

32 REM JUNE 2015

METES & BOUNDS

Agency issues and divorce I

By Marty Douglas

n 1987 I was fortunate enough to attend the FIABCI World Conference in Copenhagen. Just in case your real estate acronyms are out-of-date like your FINTRAC manual, FIABCI stands for six words in French I can never remember but which, in English, translate to International Real Estate Federation, a group of over 100 national real estate associations. As CREA is to your board,

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FIABCI is to CREA – a large, mysterious organization we indirectly pay for. At that long-ago conference, one of the keynote speakers – Gandalf the Grey perhaps – suggested the future of real estate would benefit greatly from divorce and the resulting new household formations. I was 42 and my personal “household reformation” was far in the future and so the concept was hazy to say the least. However, looking back I acknowledge the speaker may have been one of the few demographic futurists who got something bang on. To be fair, I suppose if you look at the large clump in the population tree we refer to as baby boomers, it’s not too hard to suggest we – yes I’m a suspect – will do more than other generations of any single activity (weight loss, fitness and adultery – to name two warning signs connected to an original sin!), which explains the current demand for Viagra, Depends and Rolling Stones tours. Hell, even Barry Manilow is on the road. But I digress. It’s not unusual – Tom Jones anyone? – for couples who decide to separate, to call their Realtor to assist in dividing the inseparable joint tenancy, the home once filled with so many memories and now containing nothing but fear and loathing. For many, I’m sure, the journey concludes without a hiccup. A buyer is found quickly, a price is agreed upon and the oncehappy couple get separate cheques from their attorneys. But then there’s the real world, the world of bitter recriminations following an affair, substance abuse or debt or violence. In these circumstances one partner extends their rejection of the other to any salesperson their ex might select. The result is a co-listing, with one or two brokerages. Which brings us to agency! How do you serve a seller comprised of two parties who, in contract and on title, are inseparable? Agency demands the agent be a pipeline of communication, not a filter. When one spouse tells their agent, “I’ve got a new ‘friend’ and we need to sell quickly so we can get on with our lives – but don’t tell my spouse,” what are the agent’s duties? Consider this excerpt from the

Real Estate Council of B.C.’s June 2014 newsletter, reprinted with permission. “Linda Licensee* at XYZ Realty Ltd. was approached by two past clients, Tom and Trixie, to list their family home for sale. Tom and Trixie were getting a divorce, but they explained to Linda that their relationship was amicable and they were in agreement about selling the property. Despite the circumstances, Linda was delighted to represent Tom and Trixie. “A few days after the listing agreement was signed, Linda called to make the first appointment to show the property. Tom answered and informed her that since Trixie had moved out with her new boyfriend, he no longer wanted to sell the property. He declined Linda’s request for a showing, demanded that she cancel the listing and announced that he was leaving for Hawaii and wouldn’t be in communication at all for several weeks. He then instructed Linda not to tell Trixie anything about his desire to cancel the listing or his planned trip to Hawaii. “Somewhat taken aback, Linda called Trixie at work, described her conversation with Tom and asked Trixie what she should do. Trixie told her not to worry, she’d calm Tom down. She told Linda to continue marketing the property and asked her to prepare a price reduction and email it to her at work to sign, because she had decided to get the property sold as soon as possible. Trixie directed Linda not to tell Tom of her instructions. She would fill him in when she met with Tom to calm him down. “Linda complied; the price reduction was signed by Trixie and broker-loaded to MLS. The new price attracted a lot of interest and the next day Linda called the house again to make appointments to show the property. Tom answered the phone. He was outraged. “He told Linda he had filed a complaint with the Real Estate Council because she hadn’t acted in accordance with his instructions; she had failed to maintain the confidentiality of his information; she had reduced the price of the property without his authorization; and she had failed to act in his best interest, preferring the interests of Trixie over his. His lawyer was commencing proceedings against Linda for failing in her duties to

him as a client. “After alerting her managing broker and advising the Real Estate Errors & Omissions Insurance Corporation of the potential legal proceedings, Linda sat down to reflect on what she could have done to avoid this unfortunate turn of events.” First thing – change your name! (By the way, * means not her real name, nor is there an XYZ Realty Ltd.) We get paid the big bucks to do the right things and understanding agency and fiduciary duties is the highest standard to which we are held. We are expected to know what to do. Consider this paragraph from the same article: “When the designated agent is comprised of more than one licensee, all of those licensees owe fiduciary duties to the client. When two licensees co-list a matrimonial home owned jointly by spouses, each licensee owes fiduciary duties to both spouses. In these cases, the spouses may wish to modify the fiduciary duties of their designated agent through a written agreement, specifying that each licensee will owe fiduciary duties to one of the spouses but not both.” Modify? How? With what words? How do we handle disputes? Who speaks for the sellers? Yes, the parties may have lawyers and a separation agreement but did they consider selection of and instructions to the listing salesperson in the wording? Will the sellers go back to their lawyers to ask for instruction specific to confidentiality and disclosure? More likely they will turn to their agents to cobble a solution. Reluctant to admit they don’t know how to cobble this particular shoe to fit, they invent. In the field, licensees do their best, managers assess the results, civil courts, real estate councils and insurance companies poke and prod the entrails. Get it in writing and act accordingly. Be careful out there! Contact Marty Douglas by email at mgdouglas247@gmail.com . Follow or connect with Marty on Twitter, LinkedIn and Facebook. He is a managing broker for Re/Max Ocean Pacific Realty in Comox and Courtenay, B.C. He is a past chair of the Real Estate Errors and Omissions Insurance Corporation of B.C., the Real Estate Council of B.C., the B.C. Real Estate Association and the Vancouver Island Real Estate Board. REM

REM JUNE 2015 33

What’s

acquisition of Millennium Real Estate Solutions, Inc. in January 2015. The purchase expands the privately held company’s offerings to boards and associations across Canada for listing management and data collection.

Toronto lender offers new financial tools for agents and brokers

New ListCENTRAL emerges as rebrand of Millennium Real Estate Solutions Lone Wolf Real Estate Technologies has rebranded the recently acquired Millennium Real Estate Solutions, Inc. The company will now be known as ListCENTRAL and will continue

A new Toronto lender, Tembo Financial, is offering agents specialized financial tools to give them an edge in presentations to sellers. The firm “focuses mainly on short-term equity advances for your clients when they require money in advance of the closing date on the sale of their property,” says Tembo president and CEO Arryn Greenspan. The company can quickly approve the client for the advance, usually within 48 hours with no appraisal and no credit check, he says. He says this can come in handy when a client has sold their house and now needs to make a purchase

“The new name speaks to our product offerings and encompasses what we do for our clients,” says Joel Shears. to operate the DMS system for its more than 11,500 Realtor clients. “The new name speaks to our product offerings and encompasses what we do for our clients. We are the central source for real estate listings and transaction data for real estate boards and associations throughout Canada,” says Joel Shears, general manager of ListCENTRAL. The company will offer enhanced security of listing information as its servers will be moved to a new hosting environment in a Dual Tier IV data centre in Ontario. The data centre was designed to host mission critical servers and computer systems and includes nightly replication and back-up across the entire data centre, the company says. Lone Wolf announced the

but has no money available to put down a deposit when making an offer to purchase. Instead of waiting for their sale to close, Tembo can advance them some of the proceeds of the sale so that they can secure their next home, says Greenspan. Tembo Financial also provides more buying power by topping up deposits through an equity advance. “In a bidding war it may come down to the size of the deposit. Traditionally buyers put down between three to five per cent. We can help top that up, strengthening their negotiating power with the seller, who sees a larger deposit or financial strength, giving them the edge in multiple offer scenarios,” says Greenspan. Tembo can advance equity to your client so they can renovate

their new home or make repairs and renovate their existing home. It’s also a “great tool for your clients that flip houses and need to close ASAP so that they can move on to their next project and purchase their next home to flip. Now they can close at a future date and receive their equity as soon as they have sold firm,” he says. For information: www.tembofinancial.com.

Teranet and FNF Canada product helps lenders mitigate risk Teranet, an electronic land registration and online property search firm, and FNF Canada, which provides national mortgage, appraisal and loan-related services to large and small Canadian lenders, recently announced a multi-year extension of their long-term partnership. The next offering to be launched by the partnership is an all-inclusive appraisal risk summary scorecard. To be available early in the third quarter of this year, it will provide lenders with “fast, reliable and comprehensive information to assist with internal underwriting and deal scoring,” the companies say in a news release. The partnership provides a platform for enhancements to the FNF Canada suite of appraisal products. The companies say this collaboration will “immediately enhance FNF’s Appraisal 360 Risk Scorecard system with up-to-the minute data from Teranet, and will be further integrated into existing and future FNF product offerings.” Teranet is the exclusive provider of online property search and registration in Ontario and The Property Registry in Manitoba. Teranet developed, owns and operates Ontario’s Electronic Land Registration System (ELRS) and facilitates the delivery of electronic land registration services on behalf of the province. Teranet is owned by Borealis, a global infrastructure investment manager and the infrastructure arm of the Ontario Municipal Employee Retirement System. For information: www.teranet.ca. FNF Canada provides national mortgage, appraisal and loan-related services to large and small Canadian lenders. For information: www.fnf.ca REM

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34 REM JUNE 2015

THE PUBLISHER’S PAGE

By Heino Molls

MARKETPLACE

have become fascinated with the proliferation of real estate teams. These folks got this customer service business down pat before the rest of us even began looking for it. I am looking forward to becoming more aware of real estate teams this year and finding out as much as I can as to how they work, why they have chosen to work this way and most importantly, who they are. Real estate teams seem to cross all borders and all styles. They are a part of every major real estate franchise in Canada and then some. Some blatantly promote the team leader or named team person. Others seem more open to promoting every team member. Almost all teams have exceptional websites, indicating the importance of a web architect or expert as part of the team. It is a compelling concept to have a one-stop shop for everything related to the process of buying and selling property. There was a time, even in the business of publishing, where

Real estate teams a welcome Trade Shows development and Conferences almost anyone could do it all in their chosen area of business. One person would fancy themselves a writer/editor and then knock on doors or dial the phone looking for advertisers. And away it went. At the end of the day, however, the person who was wise enough to know their limitations and hire experts in other fields, rather than think anyone could do any job, was the person who lasted. The logic of turning to a team that brings expertise in every field of real estate to a customer’s dining room table makes unequivocal sense to me. That’s not to say that my admiration for a single, organized, tenacious and indefatigable professional real estate person does not still exist. It does. But we both know how exceptional those people are. From what I can tell, the most successful single working sales rep is still a team leader of some description. The single real estate person is an excellent facilitator and delegator. Teams are organizations that gather and harness the expertise of a group of people who know their

part of the real estate process as a craft that is sound, solid and above all else, professional. Some teams are a total of two people. Others number over 20 souls, each one with expertise that impresses and staggers customers. A number of teams are comprised primarily of family, in fact generations of family and siblings. I recall the Beach Boys, a multi-million dollar band comprised of three brothers, cousins and friends. The main song writer, Brian Wilson, was too shy to perform out front so his cousin Mike stepped in. When he was unable to perform, his brother Carl stepped up to do his part. They did very well indeed. There are real estate teams that do very well. Teams seem to be the one bright spark in a profession that is currently being battered by the press and the public. Real estate agents make too much money, they don’t earn what they make and they take advantage of the MLS system that the public created for them. All manner of myths, unfair and uncalled for criticisms in this business, that are so

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To add a listing to this calendar, email jim@remonline.com Coldwell Banker Generation Blue Experience Sept. 16 -18, Chicago Includes Canadian pre-conference program www.genblue.coldwellbanker. com/

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Compiled with the assistance of Bob Campbell at Colour Tech Marketing, www.colourtech.com

undeserved and wildly false. Yet individually sales reps seem overwhelmed in responding to these idiotic claims. Real estate teams rise above these accusations and falsehoods. They are a system. They are a group of experts who a customer would not begrudge the commission they command to bring so much service to their real estate transaction.

All I can say is; where have you been? REM has been fortunate to have received advertising from a number of teams who are particularly good at promoting themselves. We would love to hear from more any time you want to call. Heino Molls is publisher of REM. Email heino@remonline.com REM

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