June 2020

Page 1

Issue #372

June 2020

Wayne Baguley His unique (and fun) marketing style Page 8

The best advice I ever had Page 3

Jerry Bresser: Still coaching after 50 years Page 4

Virtual home staging thrives during pandemic Page 14



3 REM JUNE 2020

The best real estate advice I ever had

“People first, money later.” – Suzanne Othmer

Giovanni Farinacci

A

ccelerating your real estate career can be as simple as taking advice from people who have already lived through many of this industry’s obstacles. We’ve all heard, “Treat everyone how you want to be treated.” Let’s delve deeper into advice that is career changing. Giovanni Farinacci, a real estate broker with Courtier Immobilier in Pointe-Claire, Que., has found two pieces of advice to be the most helpful: “1. If you are not comfortable in a listing presentation (the client has a rude attitude), I suggest you thank them for their time and walk away because if it’s bad at the beginning, it will be worse later on. “2. When working with a buyer, make him sign a buyer’s contract.” Sheldon Johnston, the broker/owner and president of Liv Real Estate and Liv Homes in Edmonton, has had many mentors throughout his career. While they all gave him nuggets of wisdom that were valuable at the time, the advice his dad gave him in the ’80s is still relevant today: “No matter what the market conditions are, people are always going to buy and sell real estate; you just have to figure out how to

Sheldon Johnston

connect with them.” Johnston continues, “On the lighter side, one of my mentors once told me, “Never miss an opportunity to go to the washroom.” To put that in context, you drink a lot of coffee (or whatever) in our business and sure enough, there were times during a listing presentation, out on showings, or writing an offer with clients that I’d be crossing my legs hoping my clients didn’t notice my discomfort. “One (piece of advice) that I share with my newer agents all the time is: be like a duck – calm and cool on the surface and paddling like hell underwater.” Ari Lahdekorpi, a managing broker with YPA Realty in Surrey, B.C., shares the advice that has impacted him: “The struggle in the real estate industry is in large part an internal one. In dealing with what is an emotionally charged endeavour, a Realtor needs to keep focused. Two bits of good advice I have held dear. One from a lawyer who said, ‘Remember, happy people don’t sue.’ “I was also struck with a Steven Covey quote: ‘We see the world not as it is...but as we are.’ Keeping those perspectives in mind while we navigate the land mines of agency, due diligence and fiduciary duty

By Toby Welch

Ari Lahdekorpi

Suzanne Othmer

Crystal Tost

have been very helpful over the years.”

than listening to everything a brokerage is teaching.

Realtors want to work with. It makes a difference.

Suzanne Othmer, broker of record with Royal LePage Best Choice Realty in New Liskeard, Ont., struggled to come up with just one tidbit.

• We only have one time around and you’re not going to die if you fail.

Crystal Tost, the team lead at Tost Realty Group with Re/Max Realty Professionals in Calgary, has had 23 years of real estate experience and made her own recommendations early on.

“The most helpful advice was to get a good quality CRM (customer relationship management) system. With a CRM, you are able to keep track of everything: closing dates, appointments, when a listing expires, client’s birthdays…You can keep notes on their cards of their dog’s name and what was the list price you suggested last year. Now they sync with your phone and Google calendars. They even have built-in newsletters to send to your database if you wish at a specific time. This is the best tool you can have and must have to be or become a successful real estate agent.” Othmer continues with a laugh, “People also have to like you. You need to show them that you care. You have to truly care because if you do not and are faking it, the animal instinct will pick up on it and you will be busted.”

• Be persistent. Provide value and be consistent. • Ignore the people who have been doing the same thing for years and start being innovative, online and offline. • Never stop working on your next deal; stay one step ahead of the game. • A successful career in the real estate industry will take hard work. Success, like all other professions, comes with long hours and much blood, sweat and tears. • Become an online local community real estate expert. Sometimes the best course of action is to get back to the online basics and become the definitive source for all things real estate in your area.

Consider these nuggets of guidance other agents and brokers have shared:

• Stay connected to your clients. There’s a good chance that the person you just helped to buy their new condo will be looking to move into a newer, larger home within a few years. Keep in contact with these individuals as they may become clients sooner rather than later.

• Trust your instincts rather

• Be the Realtor other

“I wasn’t given much advice to be honest but I owe a lot of my success to adapting early to technology. Staying ahead of the curve with out-of-the-box marketing ideas for homes and creating an online brand. From reviews to a strong website with regular visitor traffic, we have one of the best websites out there for people to use. “Being resilient is essential to an agent’s success. Showing up each and every day, hard work does pay off. You also have to take things lighter when it comes to your feelings, with a thicker-skin approach. Not everyone is going to like you and that’s okay. Know that clients choose agents sometimes just for personality – you just have to accept that you can’t be everything to everyone but you can be the best to the ones that you click with.” Kicking ass in real estate can be as simple as following the advice of people in the industry who have been successful. Good luck! REM


4 REM JUNE 2020

After 50 years, Jerry Bresser still coaching “The single greatest reason new agents fail and experienced agents do not reach the higher levels of listings they deserve is that they are not taught what to say. It takes some verbal skills to get listings,” says Bresser. By Susan Doran erry Bresser, a grandfather eight times over, has been coaching real estate agents across North America for a whopping half century. At the height of his success in the mid 1970s into the ’90s, he was top dog. He travelled to and from engagements constantly, bought a plane and learned how to fly it, owned a big boat, wrote a couple of books and burned many bridges to open up a real estate brokerage so that he could practice what he preached. Along the way, he made some decisions that turned out badly, he admits. “I lost everything.” Goodbye plane. So long brokerage, boat and house. But he persevered. Apparently it’s hard to keep a legend down. A quick check online indicates that to this day, Bresser, now in his mid 80s, is considered to have developed some of the most lasting real estate techniques in the coaching business. His first book, List More, Sell More, is still described as the Rosetta Stone of real estate sales training. It’s out of print, and at one point various sales reps were said to be offering over $600 online for a hard copy. Bresser is working

OBITUARIES

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on a new version. Based in New Haven, Michigan, Bresser continues in various ways to offer his expertise to the real estate world, notably via online courses. He was well into the process of founding the Listing Solution Institute, a virtual school for real estate professionals in the U.S. and Canada offering a certified listing expert program. Then COVID-19 hit, causing unanticipated delays. Meanwhile, among other things, work proceeds on Bresser’s “Win Big Strategy,” a prototype online platform, complete with sample dialogues for sales reps to use with potential clients. (Bresser is so enthusiastic about these that he convinced this writer to participate in a dialogue with him. I’m hoping this doesn’t somehow mean I just bought another house.) Bresser has always been a proponent of precise language. That’s his hallmark. “Every word counts,” he says. “The single greatest reason new agents fail and experienced agents do not reach the higher levels of listings they deserve is that they are not taught what to say. It takes some verbal skills to get listings…The secret to success is that

everything you say should be memorized and rehearsed – a selection of pre-memorized language.” He’s appalled when brokers advise agents to speak off the cuff when prospecting or giving listing presentations. “Why would you do that?” Bresser recognized the need for specific, targeted language in real estate sales back when he was helping his father with the family business, selling the Bresser’s Directory. Street addresses and phone numbers could be cross referenced in the directory for marketing purposes, which made it useful for prospecting. As a result, real estate agents were often among those Bresser found himself addressing in presentations. “Someone raised their hand and asked what to do when the door opened,” recalls Bresser. “I said, ‘I don’t know. I’m in the directory business.’” Afterwards Bresser called a Realtor he knew to get an answer. “I had to buy him breakfast. It cost me $3.83.” But the next time Bresser presented to real estate agents, someone in the audience had an even better answer to the question of what to say once a front door was

Mike DeBoer Mike DeBoer, broker of record and manager at Century 21 Shield Realty in Cornwall, Ont., died on May 5 at the age of 74. Mike’s wife Doris DeBoer says, “He loved everything about his work. It was his life, and he was so passionate about it.” He joined the real estate industry after buying his first home. He was with the Century 21 brand for 42 Mike DeBoer years and was honoured by the company with a Master Emerald Award in 2008 and a Long Time Service Award in 2006. Michael Vander Meer, a part owner of Century 21 Shield Realty, remembers Mike as a mentor and friend. “He was so well respected in the industry,” Vander Meer says. “Mike’s likable attitude, honest reputation and industry knowledge lead to many new Realtors to look up to him, even those from other companies.” Hundreds of family, friends and colleagues posted their condolences on a Facebook page, sharing kind words and loving memories about Mike.

answered – namely, “If I could find a qualified buyer willing to pay a price acceptable to you, would you accept an offer from our company?” Perfection, in Bresser’s opinion. He subsequently went to countless real estate offices pretending to have a house for sale and was stunned by the inadequacy of the responses. He realized there was a real need in the industry for sales training. He found himself increasingly coaching agents, and his research expanded, with Bresser picking the brains of the best salespeople he could find. “I found a guy with a yacht. I asked him, ‘How do you afford a yacht like this?’ He said he actually had two. I bought him some drinks. He said, ‘Jerry, selling is the best thing in the world. There is no limit.’ After that I had my eye on a 50-foot boat,” says Bresser. By 1971 he had founded Jerry Bresser Training, offering his coaching services to real estate agents across North America. Every seller wants the most money, the quickest sale, and the fewest problems; agents only deserve the listing if they have a strategy to achieve that, in

Jerry Bresser

Bresser’s opinion. “Being a relative or friend of the buyer, none of that counts. There is too much money at risk.” About 15 years ago Bresser had a mini stroke, from which he has recovered. He feels though that with advancing age, his speaking skills – while still good – are not what they once were. Not that age stops him from jumping in where technology is concerned. “I get help from my grandchildren,” he laughs. “People are distracted by technology,” he says. “It can help get you organized, but it will not get a listing. It’s what you say – the old school stuff – that gets you into a house.” REM

Brad Nelson Brad Nelson, a broker at Coldwell Banker R.M.R. Real Estate in Bobcaygeon, Ont., died of a heart attack on April 20. He was 57. He worked with broker Kelli Lovell, his friend and business partner, to serve buyers and sellers in the Kawartha Lakes region. Mr. Nelson joined the real estate industry in 1999. In honour of his life, the family asks that donations be Brad Nelson made to the Hospital for Sick Children Foundation in Toronto. The hospital provided life-saving care for Mr. Nelson when he was 13-yearsold. The Coldwell Banker RMR Lindsay and Bobcaygeon offices have also donated $700 to the local food bank in honour of Brad. “Brad had a history of helping out in his native Bobcaygeon area. Brad was a large proponent of the local food bank. He dedicated time and money to the cause. So it was only fitting that a donation was made in Brad’s name to the Bobcaygeon Food Bank,” says sales rep Shawn Lackie. “His legacy will live on. If anyone is interested in adding to the donation, please get in touch. We can always add to that.”


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6 REM JUNE 2020

Multiple Listings By Jim Adair, REM Editor

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

C

ape Breton real estate professionals Joe McDonald and Leanne Martheleur, formerly associated with a local Re/Max brokerage, have acquired Coldwell Banker David Butts Realty. The brokerage, based in Sydney, N.S. has been renamed Coldwell Banker Boardwalk Realty. David Butts, the firm’s former owner, will continue as broker of record for an interim transition period and will remain with the company in a sales capacity. The ownership team of McDonald and Martheleur have “a number of experienced sales

professionals joining them from their former brokerage,” the company says. “We have a strong vision of where we want to take the company, to establish our brokerage as a leader in Cape Breton,” says McDonald. “We are redesigning the office with the new Coldwell Banker North Star rebrand. We’ve already begun extensive renovations to upgrade the premises. We will offer sales professionals and customers a welcoming and contemporary location here in Sydney and will be celebrating a grand

opening of our new look in a few weeks.” ■ ■ ■

Two Century 21 franchises in Saskatchewan are joining forces, as Century 21 Diamond Realty in Humboldt joins Century 21 Fusion, based in Saskatoon. Dan and Cheryl Torwalt started Century 21 Diamond in 2008, offering real estate services in residential, commercial, farm/ranch, lease and condominium properties in the Humboldt district and its surrounding areas. In 2011, the

brokerage was awarded the Mark of Excellence – Small Business of the Year Award by the Humboldt & District Chamber of Commerce. Now with Century 21 Fusion, the business will operate out of the same office with all the existing agents, but with a sign change. Gary Busch, owner of Century 21 Fusion, launched his career in real estate with Century 21 in 1992. “We have seen the tremendous work (Century 21 Diamond does) for their clients and we are looking forward to learning and growing with them.” ■ ■ ■

The former Century 21 du Cartier brokerage in Lasalle, Que. has joined the Royal LePage network. Owned by Ilona Trosman and Andrei Krakhmalnikov, the brokerage of 10 real estate brokers

The “Re/Mask”

will trade under the name Royal LePage Local. Trosman started her career as a real estate broker in 2002 and bought her first brokerage in 2006 with Groupe Sutton. Krakhmalnikov became a real estate broker in 2005. They joined forces in early 2016 as owners of Century 21 du Cartier, with a cumulated experience of more than 30 years in real estate. Royal LePage says this is the fourth Century 21 brokerage and the 14th brokerage overall in Quebec to join Royal LePage since 2016. The company says Royal LePage is the fastest growing real estate brand in Quebec, with a 55 per cent growth rate in broker count since May 2016. It says between 2014 and 2019, Royal LePage brokers in the province Continued on page 11

More than 4,000 of the kits have been distributed.

Ilona Trosman and Andrei Krakhmalnikov Joe McDonald

Century 21 Fusion recently welcomed Humboldt’s Century 21 Diamond Realty to the firm.

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Delio Oliveira and David Medeiros, broker/owners of Re/Max Real Estate Centre.

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

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Leanne Martheleur



8 REM JUNE 2020

Wayne Baguley: Out standing in his field

The former musician and Juno award winner brings a unique marketing style to his real estate business. By Connie Adair

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ayne Baguley dances to the beat of his own drummer. In fact the Realtor with Royal LePage RCR Realty in Orangeville, Ont. was once the drummer for Papa Grey, a 1970s pop/rock band. Before real estate, he was also a band manager. And lessons from those careers prepared him well for real estate. Blending the creativity of music, the music industry and his own sense of “when everyone else goes right, go left” attitude, Baguley has found a way to stand out from the rest by being true to himself. When he moved from the music industry to real estate, it was a rude awakening. “In the music industry, there are lots of marketing tools – album, CD, record, radio air play, videos – to launch an artist. So it was a shock when I moved to real estate and saw the little ads. I don’t even call that advertising. I started running large ads. I spend a lot of money in print and still believe in it.” While others were running single, black-and-white ads, he went with half or full-page full-colour ads. “Institutionalize yourself. With little ads scattered around, the chances of getting a call are slim.” He also employs humour to get people to spend more time reading an ad, creating a loose, approachable image. He uses his herd of pets to catch readers’ eyes. The skilled businessman and marketer runs four-colour ads with outstanding features printed in red ink. Red arrows point to property features – a pond, fish or an owl in a tree. “It’s a hoot,” he says. One popular ad, “Relax in

the country…” features Baguley and his Great Dane at the chess board. Another shows the agent “Out Standing in His Field” surrounded by his herd. He says the ads have garnered positive feedback. When he first became an agent, he says he noticed others were dressed in suits and ties. “But I have to be myself. I had long hair and still do. And my clothes are casual and loud,” he says. “The idea of being me is important.” He’s also enticing potential clients with his new website, waynebaguley.com, where people can see his listings and his animals and get a feeling for the man. “But you can’t sell country properties on a website. You have to entice people to see a property. Selling country property is all about buyers connecting with the property.” Over the years, different animals have come to live with Baguley and have made their way into his ads, like the chess playing dog. “You’ve got to have fun. Everything is too serious, especially now,” he says. “I enjoy sharing photos and videos with friends, clients and internet followers. It’s fun and makes people feel good. Country living is about love, heart and passion. I am selling a happy, healthier lifestyle in the country, generally larger pieces of land. In the long term, it’s a good investment since they aren’t making any more of it.” And he’s good at it. In 2017 he received the Chairman’s Club award for being in the top one per cent nationally of all Royal LePage Realtors. In 2019, he received the Red Diamond Award for being in the top two per cent in the residential marketplace. He also has an Award of Excellence for attaining at least the Gold Award

Wayne Baguley with his camel friend, Budhavaar, which in Hindi means Wednesday.

for five out of seven consecutive years. Another prized award is his Juno, which honors distinguished Canadian music figures. Baguley grew up in Port Credit in Mississauga, west of Toronto, under “difficult circumstances,” he says. “My mother was able to hold on to the house after my father got sick. She worked hard.” In 1961, when Baguley was nine, the family home near the Credit River burned down. His mother, despite her 5'′ 2"″ stature, was a strong woman. He and his two brothers had paper routes. As flames destroyed the family home, “she told us, ‘You’re not doing anything here. Go deliver your newspapers,’” Baguley says.

helped him buy a snare drum and later a drum kit. “I had to work harder,” he says, adding that drumming didn’t come naturally. “I’d practice six hours a day in my mother’s basement.” After he left school, the band played many gigs, including The Strawberry Fields Festival at Mosport in 1970. He says it was the Woodstock of Canada, with the likes of Alice Cooper, Leonard Cohen, Jethro Tull and Grand Funk Railroad in the line up.

When one customer heard the tale, she called the newspaper and they did a story. Baguley told the reporter, “It’s our job so we just went out and did it.”

The band made a “sparse living” and Baguley didn’t like to travel, so he became a band manager instead. During that time, he bought his first house, sold it and bought another. He liked real estate and promised himself that if he made money in the music business he’d invest in real estate.

Then came The Beatles era, and everyone wanted to be in a band. Baguley mowed lawns to make money and his mother

Unfortunately, he and his business partner never reached their goal of breaking an act, so instead of investing in real estate,

Baguley turned his attention to selling it. In 1989, he joined Royal City Realty in Guelph. Not long after it became a Royal LePage franchise that now has 19 offices, most No. 1 in their markets. He has been with the company since. During that time he moved to the country, where he raised his three sons. “I grew up in a home close to the marsh and Credit River. I’d spend my days catching turtles and fish. I wanted my kids to grow up with the same lifestyle.” After his grown sons moved to Whistler, Baguley moved to a property northwest of Toronto. It includes 12 acres of hardwood bush, five acres of open land and a workshop that he converted into a barn for his animals. “Real estate wouldn’t be my career if I was doing something I couldn’t get in to. I like country properties because they’re something unique. Each is different and it keeps me fresh.” REM


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10 REM JUNE 2020

How to find and recruit top agents Expert advice from a former Blue Jays scout turned real estate recruiter By Kim Rempel

A

real estate team is only as good as its members, and brokers are constantly on the hunt for the best. The task of finding and recruiting those top agents can be a hit-and-miss process though, consuming time, energy and resources. When I first sat down with AJ Plant, regional owner of Exit Realty Eastern Ontario, and Duncan MacDonald, a former Toronto Blue Jays scout hired to find franchise prospects and recruit agents for the region’s brokerages, I was eager to explore the connection between scouting for talent in the baseball world and seeking the best in the real estate industry. Minutes into speaking with Duncan, his passion for discovering diamonds in the rough became clear. As he explained his process of seeking talent, his dynamic gestures and words made the room crackle with energy. “The most exciting part,” he says, “was never knowing if I was assisting the next great.” He described with excitement how his role was essentially to be a treasure hunter, searching for the next champion whose raw talent he would help develop into professional-grade excellence. Recognizing MacDonald’s unique talent and passion, Plant reached out, inviting MacDonald to train his eye for talent within the real estate industry instead. The two agree there are many similar characteristics found in top performers in both industries. Here they share five ways that brokers

can focus their search for top talent for their own companies and identify good, coachable agents and make them great agents. Plant says when scouting a salesperson who is already working in the industry, “we’re looking for certain characteristics.” In particular, “Work ethic, integrity and coachability” are the most important, he says. 1. Ask effective questions: Much of what makes a person excel has less to do with financial resources, appearance or even their success in building up impressive sales statistics, and more to do with invisible qualities like integrity, empathy and their personal motivation for doing the work they do. A person’s potential is determined more by who they are than by what they do, and this is a key starting point for discovering excellent talent. When asked how they discover these invisible aspects of a real estate agent, Plant says, “We ask effective questions.” A critical element in sorting out what kind of person you’re dealing with is to explore their “why”. The most powerful “why,” he says, is rooted in a desire to help others. “That’s what we look for.” Ask questions that get to the heart of the agent’s motivations, and then “you know if you have someone or you don’t.” 2. Evaluate statistics, yes, but more importantly, their context: When wondering where to find top producers, many look to statistics. It’s a good place to start – the

“We’re looking for certain characteristics... Work ethic, integrity and coachability” are the most important.

AJ Plant, left, and Duncan MacDonald say finding and recruiting real estate agents is a lot like scouting baseball players – which MacDonald used to do for the Toronto Blue Jays.

20-80 per cent rule applies in both baseball and real estate to help identify top producers. Relying heavily on statistics, though, can be misleading as to true talent. For example, if an agent claims to be a million-dollar producer, what does that mean? Do they mean they did $1 million worth of transactions in the last year, or that they made $1 million? And if it was $1 million worth of sales, was it from two $500,000 sales, or five $200,000 ones? And how does any of that compare with the region and economy in which they’re working? Straight-up statistics don’t tell the whole story, regardless of their source, so it’s critical not only to look at the numbers, but to understand their context. 3. Look for these habits: “Habits predict results,” says MacDonald. To find the best performers, or those who will likely become top performers, evaluate their habits. Are they developing their skills? Are they practicing the things they need to develop in order to be among the best? In baseball, Duncan would look at whether or not a pitcher is doing things like honing his curveball, perfecting the spin, upping revolutions and spending hours each week developing his accuracy or strengthening his

throwing arm. By that aspect alone, he says, “you can predict who will be in that line up.” In real estate, the principle holds. If an agent is practicing – and what particular skill isn’t as important as that they are intentionally developing – you can predict the ones who will do well. 4. Look for leadership qualities: The best agents to have on board contribute not just to the company’s bottom line, but also intentionally empower other agents in the firm who they see not as competition, but as their teammates. This is a leader, and a priceless asset to any company. “We believe leadership accelerates growth and enriches lives,” says Plant, “and who doesn’t want that?” Everyone thinks they’re a leader, says MacDonald, “but they’re not.” Often, when thinking of what makes a leader, we think of someone who excels, the best of the bunch. Both men would disagree, however. “You don’t have to be the best player on the team to be the captain,” Plant says, speaking from experience as a baseball team captain. Sometimes it’s putting a smile on when you’re personally having a bad game and cheering others on so they can excel, he says.

Leadership is about having a mindset of a team goal, they agreed, and it’s one of the top qualities they seek in their agents. 5. Find people who smile in the face of failure: “Successful hitters fail seven out of 10 times,” says MacDonald. “That’s easy,” says Plant. “The failure rate (in real estate) is 10 times that.” He says it’s common to have to approach 49 different people to get one person who may buy or sell in the next 12 months. It takes someone able to handle rejection and failure to thrive in those conditions. One of the ways Plant sets out to discover an agent’s fortitude in the face of failure is to take them door knocking. “If you get seven doors slammed in your face, one “maybe” and two requests to call back, you want the person who says, “Yay! We got a maybe!” The person who focuses on the seven hard no’s is the person who won’t likely do well. Also, it’s a chance to evaluate the agent’s coachability. “If someone was grumpy at the door, I’ll say, ‘How did you feel about that?’ Then I’ll say, ‘You know what you did wrong that time? You didn’t smile!’ If they take that advice to heart and adapt their approach, he says, “I know they’re willing (to learn).” REM


REM JUNE 2020 11

Industrial, Commercial & Investment

By Natalka Falcomer

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y experience during COVID-19 drew upon two “laws” I learned early in my law career: what’s legal isn’t always fair and contracts are as good as the parties who sign it. Why am I telling you this? Because COVID-19 showed me that, notwithstanding one’s legal rights, landlords and tenants can co-operate, especially since their survival was interdependent. This is especially true during the height of COVID-19, as replacing a tenant or moving to a better location simply wasn’t an option. As such, if you find that you do not have the ability to suspend rent payment by invoking a contractual right or terminating the lease due to a common law principle, not all is lost. While the law may not be on your side, the economic reality of interdependence is. Generally, there are two ways tenants may find relief from their contractual obligations – one under the force majeure clause and the other under frustrated contract principle. Force majeure “rights” are derived from your contract and this right allows you to not perform a covenant under the contract because of circumstances that are beyond your control. This right doesn’t exist unless it’s in your contract and the nature of the right – that is, what obligations you don’t have to perform – depends on the language of the force majeure clause. There are two types of force majeure clauses – specific and general.

The general type of clause typically states that a party will not be liable for failure to perform a covenant/contractual obligation due to an event of “force majeure”. General clauses typically reference “Acts of God” and will not provide detail as to what a force majeure event happens to be; these clauses are likely to give rise to the most amount of litigation as enterprising lawyers will attempt to expand the definition “Acts of God” to include pandemics. The second variety of force majeure clauses – a specific clause – is identifiable because of the exhaustive list of events that are defined as “force majeure” events. A robust specific clause suggests, according to case law and general contract law principles, that the parties have turned their minds to what a force majeure event could be and have specifically decided to include and exclude certain events. As such, if your specific clause does not include a pandemic, you may not have the ability to rely upon the force majeure clause to get out of performing a certain obligation, such as paying rent. Of course, attempts will be made to shove COVID-19 into other listed events, such as “government intervention” and I suspect that today’s more sympathetic courts may agree. Assuming that COVID-19 qualifies as a force majeure event, you must understand which obligations you don’t have to perform due to the event. Most leases specifically exclude rent payments, meaning that even if COVID-19 is a force majeure event, you still have to pay rent. Let’s say, however, that your force majeure clause allows you to not pay rent, you still have to prove that COVID-19 makes it impossible, not just inconvenient, to pay rent. This means that if paying rent just hurts your bottom line but isn’t impossible, then the force majeure clause doesn’t apply and

Force majeure Does the force majeure event allow a tenant to skip paying rent? you have to pay rent. In addition to proving impossibility, you have to prove that the pandemic, along with the consequences that have affected your ability to pay rent, were beyond reasonable foresight and your skill to foresee when you entered into the contract. For this reason, if there is anyone who’s entering into an agreement in today’s economic climate, it would be unreasonable to assume that they’d be able to rely upon the force majeure clause as the economic impact on one’s business is simply obvious. But wait, there’s more… The courts do not look favourably upon a party to a contract who is leveraging a certain situation in order to get out of performing an obligation. In other words, you have to try and make arrangements to ensure that you can reduce the impact of the intervening/unforeseeable event on your inability to meet an obligation under your lease. This means that you’d have to figure out how to change your revenue streams, take advantage of all government programs and negotiate with the landlord before you can rely upon the clause. Finally, these clauses typically have strict notice requirements. A phone call, text or email may not qualify as proper notice and the notice may have to be provided within a specific number of days after the event. Timelines, as many of us in this business know, are critical to pay attention to as failure to meet the notice obligations will likely bar your ability to rely upon the clause. Tenants who did not have a force majeure clause then asked if they could rely upon the doctrine of “frustration”. This common law doctrine applies when a situation arises, the parties have no clause in their contract to address this situation and performance of the contract becomes “a thing radically different from that which was undertaken by the contract.” Unfortunately, this concept is much more difficult to prove than showing that a force majeure

clause should apply. This is because “it is not enough that the contract become more onerous, or even significantly more difficult, but still possible to perform”. In other words, “a party must show that the original purpose of the contract has been frustrated, and it would be unjust for them to be bound to the contract under the existing circumstances”. Since what you’ve contracted to do – pay rent – hasn’t changed completely due to COVID-19, I suspect that paying rent during these times may be unjust, but

the law won’t give you relief. And this is why it’s important to sign contracts with parties who are reasonable and willing to work towards a common solution, regardless of what the law says. Natalka Falcomer is a lawyer and Certified Leasing Officer who has a passion to make the law accessible and affordable. She founded Groundworks (www.groundworksfirm.com), a firm specializing in commercial real estate law, and is the EVP of corporate development at Chestnut Park. REM

Multiple Listings Continued from page 6

increased their productivity by 41.3 per cent and saw an increase in sales volume by 93.3 per cent. ■ ■ ■

Re/Max Integra has provided its agents with reusable, Re/Max-branded face masks to help them conduct business safely as we continue to navigate through COVID-19. “With physical distancing measures in place for the foreseeable future, Re/Max agents have demonstrated incredible leadership and have adapted to many new business practices to ensure the safety and wellness of their clients, colleagues, families and friends,” the company says. “This includes limiting face-toface contact and facilitating nocontact transactions whenever possible. However, we recognize that there are times when inperson meetings are required.” The World Health Organization recommends masks be worn to slow the spread of the virus, particularly by those who may not know that they are infected and transmitting it to others. Additional “Re/Masks” are available to order for agents who’d like to distribute them to their clients.

■ ■ ■

Re/Max Real Estate Centre, which serves Cambridge, Kitchener and surrounding areas, is providing “safe home showing kits” for its agents, clients and even its competitors. Each kit includes three masks, three pairs of gloves, three pairs of shoe covers and sanitary wipes. “Many clients start with virtual showings and exclude the homes that don’t meet their criteria,” says Delio Oliveira, broker/owner of Re/Max Real Estate Centre. “The result is that the buyers who engage in in-person viewings are more serious and qualified because they have narrowed their search substantially with virtual showings. It has made the showing process much more efficient. This will be a continuing trend post-COVID 19.” Within three days of launching the initiative, the brokerage distributed nearly 1,000 kits. To date, they have distributed nearly 4,000 of the packages. “We have even been supplying our competitors in our same markets, and I think we are all better for it. We are truly all in this together,” Oliveira says. REM


12 REM JUNE 2020

How to hire amazing talent as the market rebounds By Aiman Attar

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any of us have laid off some stellar and talented employees due to the economic halt the COVID-19 lockdown has caused. The good news is that the downturn in the economy will create an influx of incredibly qualified candidates in the job market searching for their next career move. Not everyone will be waiting for their existing employer to re-hire them. This also means that the employers have more buying power than the candidates. In a thriving economy, it would be quite the opposite, where there would be multiple employers making an offer to one superb candidate. With massive layoffs across the real estate industry, candidates have started to doubt whether they even want to return to their previous jobs. Some are considering changing industries. A lot of administrative staff and sales reps have had a moment to rethink whether they want to stay in this field simply because there is no longer a healthy source of income.

In a downturned economy, many sales reps will either join teams to survive or begin searching for salaried employment to weather through the storm. COVID-19 has made a lot of us go through a soul-searching exercise. Some of us will learn from this while others will just sink into the abyss. There will be employers that will be reactionary and hire in a rush, making costly decisions, while a select few will take this time to have a proactive recruitment process in place along with an onboarding manual to ensure business continuity. Here is what you need to do in order to be set up for success: 1. Salary CMA – Moments before the economy ground to a halt, candidates were earning more money in 2020 than in previous years. Although when the market rebounds we may hover in a quasirecession, this does not mean that we pay salaries based on a recession (which often means lower wages due to influx of candidates). If the quasi-recession ends in a few

months, all candidates you hired at a lower rate will quickly find other employment opportunities offering top dollar. This is a delicate discussion because many business owners, brokerages and salespeople have experienced profit and revenue loss during the lockdown, so finances are genuinely tight. However, it can come across as vulture-like to feast on hiring great candidates for $40,000 who were previously making $50,000$60,000 to do the same work they did prior to COVID-19. We highly recommend that you seek advice from a business coach or a recruitment coach prior to making any decisions on salaries to ensure you are aware of current market intelligence. 2. Job description – Create a job description that is realistic and reasonable for who you want to bring on and how much you want to pay based on a CMA of their skill set and salary. Hint: Do not pay a 10-year veteran $20 an hour and expect them to answer calls after hours. Be sure to post your job

on all social media channels and free job boards. 3. Choose the right fit – There are seven steps when choosing the right candidate. Do not assume that if someone has five years of experience for one brokerage or team that they would automatically be a great hire for your business. Having the right recruitment process, thorough interview questions and one-day paid assessment, ensure that you make the right hire. 4. Offer and onboarding – Once you find the perfect candidate, you want to be sure that you have all your ducks in a row. A proper legal employment offer is the first thing a great candidate looks for and if you do not have one ready, it can make candidates very wary of the employer. The second most important step is the onboarding process. Do not wait until your new hire starts to order a desk, laptop and phone. Nothing is worse than starting a new job and having nothing ready for you to begin working. And part of onboarding is training your new

3 reasons why your career is struggling By Michelle Risi ou don’t wake up every morning with the intent to fail. That’s just not how we, as humans, operate. Yet, I continue to see many real estate entrepreneurs struggling to build successful businesses while also creating lives they enjoy. It’s important to recognize that as a real estate salesperson, you are a lifestyle entrepreneur. You may not have a laptop lifestyle where you are running your business from an exotic island, but many of us do

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have the same freedom and flexibility to design and operate a business around a life we love. You can be your own boss and you do have unlimited income potential. And you have the freedom to design your day. So why do I see so many real estate lifestyle entrepreneurs struggle to achieve and enjoy this? Here are three reasons why you may be struggling. 1. Alignment: Do you have a clear vision of what you want to achieve? You, your relationships, your health, your clients, your business strategy, your marketing strategy – all of these working pieces must be in alignment with your greater purpose if you are

going to achieve the success you dream of. You might have the best business plan, but if you are not taking steps in all areas of your life to ensure you remain focused on this vision, you will find it challenging to achieve. Tuning into the big picture will ensure you are not sacrificing long-term success for short-term rewards. 2. Entrepreneurial mindset: No one is born knowing how to run a real estate business. These are skills that need to be learned. An entrepreneurial mindset means looking at your successes and failures as opportunities to learn and grow. There will be many ups and downs on the road to success, and having an entrepreneurial mindset

is critical to propelling you forward during the times when you may feel pulled down. It is about remaining positive, focusing on your vision and being responsible in how you spend your most valuable resources – time and money. 3. Your biggest asset: You are the visionary, the doer, the mastermind and everything in between. You are the biggest asset to your real estate business. How well are you taking care of yourself? You might have a profitable business, but if your relationships are suffering, you can bet that this will have a negative impact on your future success. What about your health? Your mindset? Everything that supports you

employee – even if they have years and years of experience. How you do business is always slightly different from how someone else does theirs. Congratulations – You have just made your hire. Now it’s time to live under one roof with your work wife/husband for the probationary 90 days to see proof in the pudding. If it is not working out in the first three months, then know when to pull the plug. So, question is: Are you ready? Have you planned? Are you going to take what comes your way or will you have a process in place when the market rebounds? The former owner of Imaginahome Inc. and former Realtor at Re/Max, Aiman Attar is the managing partner of AGENTC: The Real Estate Recruiter. She has worked in the real estate industry for over 10 years with Toronto’s finest, most accomplished Realtors. She decided to dedicate her talent and experience to helping you hire the best candidates to build your business. Email Aiman@agentc.com REM

being healthy and happy is your No. 1 priority. If you don’t have happy relationships or a healthy body, or if you have allowed yourself to reach the point of burnout, you will never be able to enjoy what you have built. And isn’t that the point? Building a successful real estate business means that you are not only creating wealth, but are able to enjoy the freedom and flexibility that your business offers. Tuning into and aligning with your greater purpose, focusing on building an entrepreneurial mindset and taking care of your biggest asset are three ways that you can work on achieving the success you dream of. Michelle Risi is broker/owner of Royal LePage Connect Realty, member of Forbes Real Estate Council, and host of The Lifestyle Entrepreneur Podcast. www.michellerisi.com REM


Show your clients’ home from the safety of yours. Live stream your open house with REALTOR.ca.

Learn More: REALTOR.ca/GoLive REALTOR®. Member of The Canadian Real Estate Association and more.


14 REM JUNE 2020

Virtual home staging thrives during pandemic Virtual staging is one industry that is benefiting from social distancing requirements. By Diane Slawych

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very industry has been affected by COVID-19 in one way or another. And while the fallout has mostly been negative, one niche business that has experienced a positive impact is that of virtual staging. For Young Kim, founder of Vancouver-based Bella Staging, business had been ramping up before COVID-19, but then it got even busier, prompting him to add four new designers to his team of 11. Unlike conventional staging, in which the contents of a home are removed and replaced with attractive rented furniture and décor to help improve a home’s sale price, virtual staging is done on a computer. It uses a combination of photography, 3D modeling software, Photoshop and renderings, to produce images of sprucedup rooms and achieve a similar result. The advantages of virtual staging are that it costs considerably

less, and, in this time of social distancing, property owners can still show their home in the best light without having movers carrying furniture in and out of their homes in the midst of a pandemic. Kim believes social distancing could be one reason why business is growing. “I think people know about virtual staging but haven’t been inclined to use it,” he says. “A lot of Realtors are traditional and not adopting new technology but this has forced them to try it out and say this is pretty good, instead of conventional staging.” A self-described techie nerd with a background in web development and a “keen” interest in real estate, Kim came across virtual staging a few years back and believed his designers could do a better job and make the photos look more realistic. He was pleased with the results and asked local Realtors in Vancouver to send them photos of empty units in order to test the

Before

market. “People liked what we did and looking at the competition, their pricing was high. It was a good time to get in the market. We could streamline the operation to keep prices low and provide good quality photos.” The process is fairly simple. A client – they include Realtors, developers and builders – submits one or more photos (the average is about three to five) of a room or rooms they would like to have staged. For optimal results, Kim says the submitted photos should be professionally shot and have a minimum resolution of 3,000 x 2,000 pixels. The company charges about $22 US (or roughly $29 CDN) per photo. The staged images are sent back to the client, who may request further edits or revisions at no extra charge. Normally clients can get the final images in one to two days, though with the increased demand lately Kim

says it now takes about two to three days. The company offers three main types of services. With virtual staging, the client sends photos of empty rooms and their designers fill it with beautiful furniture to make them more attractive on MLS and social media and any other marketing materials they have. A second type is virtual furniture removal and staging, which is often sought in cases of tenanted apartments/homes or properties with furniture in them that can’t be removed. The company will remove the existing furniture using Photoshop and replace it with more modern pieces. A third service is virtual renovation, which Kim says works best for properties that will likely be reno jobs. They can show what the home would look like with new flooring and appliances, or by adding a hot tub on the patio, for example.

Before

After An empty room and one with virtual staging.

After Don’t like the furniture? Change it up virtually.

It’s been three years since the company began offering virtual staging services, initially starting in the much larger U.S. market (hence its U.S. dollar pricing) where it still gets fully 70 per cent of its business. Domestically, the company receives about 50 to 70 photos a day from clients across Canada. “COVID has exponentially increased the number of orders we’re taking on a daily basis,” says Kim, who adds that a lot of people have learned about virtual staging through word of mouth or by attending the company’s presentations to brokerages. “We started our marketing efforts in Canada last year and so far it’s been great,” he says. “People realize instead of spending $20,000 to stage a home, they can spend $100 and get good results.” For information, visit www. bellastaging.ca 1-888-471-2278. REM


REM JUNE 2020 15

10 virtual staging tips By Connie Adair f you’re new to virtual staging, Toronto graphic production artist/virtual stager David Pearcey offers some tips. 1. The better the quality of the photo, the better the finished product will be. However, to ensure physical distancing, you can ask your client to take high-resolution photos with their cell phone. 2. One photo per room should be adequate unless you want to show different angles. 3. Take photos with a regular lens, not a fisheye or other type of lens that will distort the picture. 4. Along with photos, the virtual stager will also need the room dimensions. 5. Look for an experienced technical person who will manipulate the 3D products (furniture and accessories) from a software package that provides a range of choices. Those products can be rotated and then put in place and be Photoshopped to make them look more realistic. 6. Virtual staging is perfect for vacant homes, but for those that are furnished, it’s possible to edit out the décor. However it’s a more

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costly process. Before Some software companies offer a service that virtually empties the furnished space so it can be staged from scratch. 7. Virtual staging offers value, costing around $50 to $100 per room versus about $500 for the first month for physical staging. Virtual staging is fast – the turn around time is 24 to 48 hours per project (house or suite) For more information, visit https://www.computerguytoronto.c om/designsamples Here are some additional tips from real estate agent Lynn Tribbling of Right At Home Realty in Toronto. She has worked with Pearcey, virtually staging properties for years. 1. Hire a virtual staging company that has real estate experience. Pay particular attention to sample portfolios to ensure the finished product looks professional. 2. It’s also important to have

design options. Some services provide stock renderings with standard furnishings and decorate, not stage, a room. Decorating makes a room look pretty. Staging tells a narrative and targets a specific type of buyer. Top-quality real estate virtual staging involves two different skill sets: software competence plus market awareness of the likely purchaser and their lifestyle. When

A view of a vacant room before and after virtual staging.

How independent brokerages are coping with the pandemic By Mario Toneguzzi

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he COVID-19 pandemic has had a devastating impact on the residential real estate industry across the country as brokerages – big and small – are adapting to the realities presented by the current crisis. Small boutique and independent real estate brokerages have been hit hard but the industry is turning to technology to weather the massive turbulent storm during these times and set the foundation for the future. “Although we’re dealing with substantial sales volume being down, a very big problem for brokerages is how they operate in a new climate with such an emphasis on digital now,” says Adam Stern, president of resale at PSR Brokerage in Toronto. “Digital technology has always

been kind of like a nice addition to our business. This has made it really obvious that it’s crucial without it . . . I think we’ve always known as an industry there’s going to be disruption. I think what COVID-19 has done is put that disruption on steroids and made it to deal with the now.” PSR was started in 2010 but Stern and his partner took over the brokerage in 2018. It has three offices in Toronto with about 100 real estate agents. “The big thing about PSR is we have a very substantial pre-construction division as well. On top of 100 resale agents, we represent developers selling their units on projects. That provides a very different type of business model for PSR in comparison to others,” says Stern, who has a

in doubt, virtual staging can render different design options for the same room to appeal to a wider swath of buyers. 3. If you’re computer savvy and have design background, you may be tempted to tackle the job yourself but you risk creating an amateur result, which defeats the purpose of showcasing the home in the best light. REM

background in old-school brokerages, having worked in management and trained 3,000 sales reps. In April, sales in the GTA decreased by 67 per cent compared to last year. New listings are down by 64 per cent. “That hurts. All brokerages, all real estate companies,” says Stern. He says his firm is about to launch a proprietary mobile and desktop app “which creates a virtual brokerage essentially. That’s the good news of COVID-19 for a company like PSR. It’s really positioned us well to show people what we’ve been thinking.” He says the new app is “like a digital marketing agency in the palms of all our agents’ hands. We take care of all their digital content, all their branding, all their paid advertisements on social media for

their listings, helping to expose their listings digitally to different audiences.” Jared Chamberlain, broker of Chamberlain Real Estate Group in Calgary, says the lack of sales obviously has been the biggest impact on the brokerage. “I’m not really concerned about these couple of months, it’s more June, July, August when we should be having a ton of possessions and a lot of people making transitions. So when we’ve typically been used to having hundreds of families move into their new homes, I do feel like we’ll hit those numbers and still be able to help because we’ve invested a ton of money on our online marketing and growing our business that way,” says Chamberlain. “That’s also allowed us to be

really creative during this time. We’ve had to cut back on hours of staff, and as transactions are happening we can add hours in. We’re just being really, really conscious of cash flow.” Chamberlain and his wife Rebecca started in real estate in 2004-2005. At the end of 2017, the independent brokerage was established. It has 11 Realtors. When COVID-19 hit full force, the brokerage was able to pivot quickly. It was one of the first in the market to do virtual open houses. “It really positioned us in the sense of saying we’re not shutting down. We’re going to pivot and be unique and keep on pushing,” says Chamberlain. The brokerage has also used the digital space to do creative and fun activities such as an Easter egg hunt online on Easter weekend, where digital eggs were hidden in houses. It also started a blog series on its website, telling stories about what its Realtors have been doing while working at home. REM


16 REM JUNE 2020

How the pandemic will reshape the rental market By Paul Danison

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ow long has it been since we began hearing these words every day: COVID19, coronavirus, pandemic? How long before we try to forget them? Who knows – it could be awhile. But the new words will probably change us – change the way we live, play and work, and will possibly bring a more massive digital transformation closer to home sooner than predicted. Take housing, renting, and all that’s associated with the search, the transactions and the move. Post-COVID-19 could bring about some changes to enhance the process, making it more efficient, easier and maybe even more enjoyable. People are searching for rentals again, says Matt Danison, CEO of Rentals.ca. “Rentals.ca has experienced its all-time high in traffic numbers in the first week of May, surging 59 per cent compared to the first week of April,” he says. “Renters who put off moving when the pandemic hit are now starting to resume their apartment search in the hopes that Canada’s lockdown will end in the coming weeks.” Guy Tsror, data scientist at Local Logic in Montreal, agrees. “At its worst point since COVID-19, the rental market lost 27 per cent of user search traffic across Canada,” he says. “But since that low point in mid-March, the market has rebounded with the search traffic for the last two weeks of April exceeding the last two weeks of January. “People still need homes, and we see that the initial shock of COVID-19 has subsided, and consumers are back out there looking for homes online.” Local Logic looked at how users interact with its proprietary Location Scores to understand what matters to renters now, compared to pre-pandemic days. Unsurprisingly, people in

Canada looking to rent care about proximity to grocery stores much more than before the outbreak – 13.5 per cent increase compared to January averages. The graphic shows renters care much less about public transit (a 14-per-cent drop), and they are much more interested now in cycling (a 17.3-per-cent increase). “Since COVID-19, renters’ lifestyle demands have changed and have not rebounded to preCOVID times; we see renters are looking to live in more cyclingand pedestrian-friendly areas, with better access to groceries and better access to schools,” says Vincent-Charles Hodder, CEO of Local Logic. “Conversely, renters care less about being close to quality retail shopping, public transit, daycare and quiet neighbourhoods. “Only time will tell if this is a permanent change in lifestyle demand or if this will begin returning to normal as non-essential businesses reopen and consumer confidence returns.” Rentals.ca put together seven predictions – digital and otherwise – that might stick long after the coronavirus is gone to reshape the housing/rental market. 1) More landlords and renters will embrace online virtual leasing, 3-D and virtual tours. It’s not like 3-D and virtual tours are something new; they just have not been commonly used. More tenants will begin paying rent digitally than ever before. 2) Some short-term rentals in urban areas will convert to longterm rentals. The longer shortterm rentals in the larger cities remain vacant, the sooner their owners could put them back into long-term rental stock. Or, they might have to put the units on the market if they can’t afford the mortgages. This could give renters more options, help open up supply a little in cities such as Toronto, Vancouver and Halifax with tight vacancy rates, and might even help to lower rents. But the biggest short-term problem for short-term rentals are new laws prohibiting them in some jurisdictions. 3) Cleaning will take on a

whole new meaning in apartment buildings. Cleaning will become a bigger industry with stricter rules or guidelines on how to clean, what to use and how to stay safe while cleaning. Janitors and cleaners already wear gloves, but now they will probably don masks, coveralls that are washed every night and use spray bottles of disinfectants known to kill the coronavirus. The rags, brushes and equipment used to clean will need to be cleaned and disinfected or trashed. Cleaners might be trained better for the coronavirus, and they could get a temperature check before coming to work each day. This will become a more expensive task for landlords and property managers. 4) More claims will flood tenant/landlord boards. The renting landscape in the shadow of COVID-19 is confusing and chaotic and things could get worse unless cooler heads prevail. Rent strikes were planned for April and May, evictions are banned, rent hikes are frozen, job losses are mounting, government assistance is on the way – soon they say. Once the coronavirus war ends, the landlord/tenant war could escalate and play out in tenant/landlord board hearings and maybe even in more litigation. Tenant/landlord tribunals are already overloaded and backlogged; this could get worse postCOVID-19. 5) People will not move as much in the short term but expect a spike in the recovery. When the worst is over, moving vans will start rolling again as optimism gets us moving again. Most moves will only be delayed during this bleak time. While more renters will be on the move, count on fewer homeowners making a move. 6) Rents could fall in the short term, and affordable housing will be even harder to find. Imagine if you can, Toronto and Vancouver with a healthy three-per-cent vacancy rate, and rents falling by the end of the year

What renters cared about in April versus January of this year. (Local Logic).

rather than rising. A few months ago that would have been laughable. But because of COVID-19, Canada will have less immigration, fewer international students and with the border closed, not nearly as many seasonal and part-time workers. All typically are renters. And, because of item No. 2 above, some-short rentals will be converted to add to the rental supply. So, with fewer renters and more supply, rents could slide down overall this year, but the higher end of the rental market advertised as luxury rentals could be more affected. “With the record number of layoffs, there will be more demand than ever for affordable housing,” says Danison. Also, in some areas, building affordable housing has slowed or even been halted for a while. 7) Coworking spaces in apartment complexes could become the hottest new amenity. Working remotely is not new. Many in the gig economy know nothing of office politics. And, coworking spaces were becoming popular in new apartment complexes before COVID-19 hit. A few other trends to consider post-COVID-19: • A new way of living for seniors. Senior housing, buildings and units could be redesigned with new protocols on how to better protect them. More seniors die from this virus than any other age

group, so a lot of thought will be given to how to protect them. This will be an evolving, creative process of how we protect the older among us. • The dream of buying becomes more of a dream. The nightmare of COVID-19 could extend the trend of renters staying renters longer. • With vastly increased food delivery, will apartments have a designated area for the exchange of food and goods between delivery services and tenants? Not a bad idea. • Will international students be caught in a pickle of looming deadlines to leave their residences and the dwindling number of international flights? What will they do, caught in between school and going home? One last point: Character, creativity and community are often developed out of adversity. Think back to the 2008 “Great” recession or even to 1929 Great Depression. Entrepreneurs and creative companies will come together with innovative solutions to the housing crisis stemming from the 2020 COVID-19 pandemic. Count on it. Paul Danison is the content director for Rentals.ca. Paul started his career covering sports, then chased news stories as a reporter. For 20-plus years, he worked as an editor at a major metropolitan newspaper. REM


REM JUNE 2020 17

DR. LANDLORD

COVID-19 might kill the rental property industry property tax of 444 municipalities in Ontario.

By Christopher Seepe

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he financial situation of every rental property is as different as a fingerprint. Every operator applies their level of experience, understanding, operating sophistication and personal values of what’s most important to them in owning and operating a rental property. Therefore, the numbers (right) can only very roughly approximate the breakdown of costs of owning and operating a rental property. Nevertheless, the overarching conclusion, regardless of what numbers you use, is that the net profit from a rental property is much less than tenants, media and the government believe, and it’s these same entities who collectively think residential landlords are rich and can afford to carry all the consequent losses caused by COVID-19. Here’s a rough breakdown of where each investment dollar goes in a six- to 20-unit multi-residential investment property using an average of two six-plexes, one nine-plex, one 11-plex, and two 12-plexes in Oshawa, Ont., arguably levying the third-highest

$1.00 rental income (no HST) 18.8 cents - property tax 2.2 cents - building insurance 3.5 cents - electricity (common area only) 3.4 cents - gas heating (included in rent) 3.4 cents - water/sewer (included in rent) 8.8 cents - repairs & maintenance 3.1 cents - property management, janitorial, placement fees 1.4 cents - professional fees 44.6 cents - operating expenses 39.8 cents - principal & interest (5-yr closed fixed, 25-year am, 75 per cent LTV, three per cent interest) 84.4 cents total costs 15.6 cents - net profit before corporate taxes (cash flow) 7.8 cents - corporate tax (50 per cent “passive” income) 7.8 cents - net profit after tax BEFORE capital costs (new roof, furnace, boiler, windows, etc.)

So, on $100,000 of gross income from an average nine-plex rental property, the owner takes home about $7,800 before paying for hopefully infrequent capital costs. Factor in capital costs such as replacing the windows every 30 years, say, $50,000. Keeping the numbers super-simple, that’s $1,667/year; boiler at 20 years and $20,000 = $1,000/year, roof 15 years and $10,000 = $667/year totaling $3,334/year capital costs – paid from the $7,800 annual take-home pay. The above is overly simplistic and subject to many sophisticated cost-reduction management techniques and best practices to streamline those expenses and maximize return. It’s just a baseline value. A new boiler may reduce gas consumption by 30 per cent, resulting in a notable equity increase: for example, a $2,000 gas savings might add $40,000 (at a five-per-cent cap rate). Depreciation (capital cost allowance) will reduce the taxable income too but the money must all be paid back when the property is sold so it’s a tax deferral scheme, not a tax write-off. A higher amortization period for financing will improve cash flow but you pay more interest over the term. You could pay off

your mortgage quickly, which would substantially improve your cash flow (profit) but then all that equity is “dead” money, which is not working to help you create asset wealth. I have been receiving insurance quotes for multiple buildings these past three months and every company has been quoting 11- to 15-per-cent higher premiums than the previous year, despite not making any claims for more than five years, notable investments in improvements and no explanations from the companies explaining this industry-wide cash grab in a time of enormous financial upheaval. Ontario’s electricity rates went up 55 per cent last November but the increase was hidden by a 31.7per-cent short-term rebate. My local water/sewer costs went up about 40 per cent in the past five years. But rental income was “allowed” to increase about 17 per cent over the same five years. I couldn’t find a quotable statistic on the number of investment properties that are financed but I remember hearing that perhaps 85 per cent of rental properties have some amount of a mortgage. How much money is left over for a landlord to meet all their obligations in the midst of pan-

demic emergency measures? Say a “modest” 10 per cent of tenants don’t pay their rent. Which companies and government agencies have offered relief or forgiveness on the above costs? What will deferral of interest payments accomplish if there’s no increase in rent? How long will most or all of the landlord’s income we live on go towards the forced extended loans and accumulated interest payments? COVID-19 may be the catalyst but it wouldn’t be the culprit of a collapsing rental property industry. The attraction of leveraging real estate to create asset wealth is a powerful lure but the best advice may be to shed the “bonds” of interest-tyranny and reduce your dependency on lenders. Many of our risks were artificially and unnecessarily created by ill-conceived, short-term, simple-minded legislation enforced by a fundamentally dis-“membered” Landlord and Tenant Board. In the rental housing industry, ignorance of the law may turn out to be the single greatest “excuse” for financial ruin. Chris Seepe is a published writer and author of two books on “landlording,” course instructor, president of the Landlords Association of Durham and a commercial real estate broker of record at Aztech Realty in Toronto, specializing in income-generating and multi-residential investment properties. (416) 525-1558 Email cseepe@aztechrealty.com; website: www.drlandlord.ca REM

Beware the coming changes to trusts By Martin Rumack

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s you may have been advised by your accountant and/or your tax lawyer, the CRA has introduced new disclosure and reporting rules effective for the 2021 taxation year. Will these new requirements open a

Pandora’s Box? That’s the big question in connection with trusts. Historically, neither the assets of trusts nor the names of the beneficiaries had to be divulged, with certain limited exceptions. These trusts also had no obligation to file a tax return because they had no income. However, the new regulation and rules will require certain trusts to file both an information return and an income tax return. This new requirement is not surprising, since all levels of govern-

ment are looking for more tax dollars to collect. Several years ago, the Ontario Ministry of Revenue introduced similar new reporting requirements with respect to estate assets in the form of the Estate Information Return. The new regulations and rules include the obligation to provide a great deal of personal information, including the name, address, date of birth and tax identification number of the settlor, trustees and beneficiaries in addition to details of anyone else who can exert influence over

the trustees’ decisions. This new level of heightened disclosure may result in concern amongst some beneficiaries who had previously been able to rely on the privacy and lack of disclosure of personal information provided by trusts. As a result, many clients may decide to use a will to set out details of gifts to specific beneficiaries, or a specific written Memorandum of Bequests as opposed to a trust. I suggest that if you do have an existing trust, speak to your accountant and tax lawyer sooner rather than later

so you can protect your privacy as much as possible. Before you know it, January 2021 will be upon us. Work ahead, not after it is too late. Toronto lawyer Martin Rumack’s practice areas include real estate law, corporate and commercial law, wills, estates, powers of attorney, family law and civil litigation. He is co-author of Legal Responsibilities of Real Estate Agents, 4th Edition, available at the TREB bookstore and at lexisnexis.ca. Website: www.martinrumack.com REM


18 REM JUNE 2020

How agents can prepare for the new normal By Brian Buffini

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n these challenging times, many people are feeling stuck and unsure. With everything so uncertain, it’s difficult to know where to start or what to do in order to safeguard a business and emerge successfully when the situation improves. Now more than ever it’s important to remember that, while much is out of your control, you can still control your own environment. Despite the tough circumstances, it’s possible to create momentum and channel your energy in ways that will reap positive rewards for your business as you navigate the new normal. The best way to do this is to borrow an approach from NASCAR – it’s called the rolling start. This is used at the beginning of a race, or when a race has been stalled by a crash. After a pile up,

drivers don’t just head back on to the course full-speed ahead. Instead, they work up to it, following a pace car around the track at a reduced speed a number of times until everyone is warmed up and ready to accelerate. This tactic means that drivers’ stress levels are minimized and crashes are vastly reduced, making it far safer than a dead start. This rolling start approach is exactly how you should view your business as you start to acclimate to a new normal. Everything may have come to a sudden crashing halt when the COVID-19 pandemic hit, but the real estate industry across North America is going to experience pent-up demand once this storm passes. Because the spring buying season was paused, people are going to be eager to get back onto the real estate scene once the economy begins to move again. As restrictions lift and the new reality takes shape, you need to be fully prepared to get your business back on the racetrack and meet the demand with energy and

drive. By using a rolling start and working on yourself and your business right now, you will be ready to do this in a safe and powerful way. Taking this time to warm up properly by investing in yourself and your business means that you won’t risk crashing or burning out your engine when the race restarts. For an effective rolling start, you must find wellness in the five major areas of life – or what I like to call the Five Circles: spiritual, family, business, financial and personal. All of these circles of life are intricately interconnected. When one circle is off, it can affect the others too. For example, if you aren’t carving out enough time for self-care (personal circle), then you may find yourself frequently agitated with your spouse and kids (family circle). Similarly, if you aren’t keeping your finances in order, your business may struggle as a result. As part of your rolling start, challenge yourself to make improvements in each circle to increase your overall wellness. You could go all-in with every cir-

Turning to real estate regulators in times of crisis The following was submitted to REM by the Real Estate Regulators of Canada. he entire real estate industry changed in a matter of weeks as a result of the COVID-19 pandemic. While there continues to be movement in the housing market, this is not business as usual. Government measures and health guidelines aimed at stopping the spread of COVID-19 vary across the nation and are evolving daily. This is uncharted territory for the industry, but regulators, brokerages and salespeople have risen to the challenge and adapted to support consumers in their real estate transactions. Real estate regulators have a crucial role to play in how the industry adapts and pivots through the stages of the pandemic and how it recovers afterwards. Now more than ever, we need trusted sources

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acting in the public interest to advocate and inform consumers while providing tools and overseeing industry standards. Real Estate Regulators of Canada, a collaborative forum that enhances regulators’ effectiveness to achieve and sustain regulatory excellence, is tracking the evolving situations, measures and actions across the country. Protecting Canadians: Our governments and health officials have implemented physical distancing measures and restricted business operations to keep Canadians safe. Real estate regulators across the nation have echoed these directions to protect consumers and real estate professionals. In-person open houses have been banned in many provinces, and regulators have strongly recom-

mended that real estate professionals cease holding them in provinces in which they have not been banned. Regulators continue to provide guidance on showings, digital alternatives and tips on discussing implications with clients in order to limit in-person interactions to when absolutely necessary. On behalf of provinces, regulators enforce rules that real estate professionals must follow while ensuring that consumers are protected and informed and often provide guidance on leading practices to achieve compliance. During regular times, an effectively regulated real estate market is crucial to the Canadian economy. The pandemic adds a complexity to existing compliance obligations. Regulation becomes even more important to

cle or you could focus on one or two circles per week, depending on your circumstances and appetite. In your relationship circle, for example, you could commit to calling one person a day that you haven’t stayed in contact with. In your business circle, you might listen to an informative business podcast or enroll in a real estate training program. In your personal circle, you could do one workout a day or go for a walk within your designated area. The beauty of taking on a challenge like this is that you don’t have to go it alone. You can still get support from your friends and colleagues without getting face-toface. Seek out an accountability partner online by way of a business coach, a mentor or a colleague. You can encourage each other to stick with it. Working to build each circle of your life is a great way to keep active, maintain balance and improve every area of your life, so that you can be ready to navigate the new normal with ease. When maintaining consumer confidence in the profession, during the peak of the pandemic, as well as when each province begins “reopening”. Adapting to a virtual world: Agility has been essential to navigating these unique circumstances. Regulators are creating tools, answering questions, sharing and posting resources frequently to help the public and real estate professionals make informed decisions. Many regulators have increased and diversified virtual learning offerings to keep up with the growing demand for professional development, which has seen increased interest from professionals during the COVID-19 pandemic. Some have even implemented new courses and webinars for non-registrants to help brokerage employees learn more about industry regulations. Our industry’s future leaders, currently enrolled in real estate education programs, can continue learning through offerings that were already online or that have been adapted for the current digital environment. Program administrators are working diligently to imple-

full market activity resumes, you’ll be firing on all cylinders to better serve your family, customers and community at full speed. In these unprecedented times, the best way to get back to business is by taking baby steps. Committing to little actions to improve yourself now will translate to big results later. A rolling start will have a powerful snowball effect on your life and your business to make sure that you are ready for whatever will come your way. Getting started begins with the decision to control your attitude, energy and activities. Get focused, trained and engaged and you will come back stronger than ever and ultimately be a source of strength and encouragement for others. Brian Buffini immigrated to San Diego from Ireland in 1986 and became a top-performing Realtor. He then founded Buffini & Company to share his powerful lead-generation system. Buffini & Company has trained more than three million people in 37 countries and coaches more than 25,000 business pros. Today, Brian is a New York Times best-selling author and reaches over seven million listeners a year through “The Brian Buffini Show” podcast. Website: www.buffiniandcompany.com. REM

ment virtual solutions for exams that meet strict proctoring standards. Transforming the industry to enhance consumer protection: To keep Canadians safe and follow the guidance of health authorities, real estate professionals and businesses have amplified their use of online tools, embracing the industry’s ongoing digital transformation. Solutions that are convenient and save time, such as virtual tours and digital documents, may be here to stay, but consumers will still want to see and experience an in-person showing before investing. Health and safety must remain top priorities during all interactions. Regulators across the country are keeping their eyes on what’s next as provinces work to launch their reopening plans. Regulators continue to explore ways to evolve and enhance consumer protection to ensure real estate professionals and brokers are in a strong position to adapt their businesses for the future. One thing that is not changing: REM We are all in this together.


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Every Cloud – Even Social Distancing – Has a Silver Lining The following is paid, promotional content. The real estate industry is no stranger to adapting to changing times, but a global pandemic resulting in mandated stay at home orders is a whole new ball game. How do you conduct business in a world of ‘business as unusual’? Real estate professionals with a prosperity mindset will always find ways to see the proverbial silver lining in any cloud, even amid the exceptional challenges brought about by COVID-19. “Finding the silver lining is about looking at the situation and asking yourself, ‘How can I do business a little bit differently?’” says EXIT Realty Corp. International’s CEO, Tami Bonnell. When the gathering of large groups and non-essential travel was halted, Bonnell saw the cancellation of 50 in-person speaking engagements where she was booked to appear across the U.S. and Canada. The first one that cancelled was an event hosted by WomanUP!® a movement empowering women to consider careers in real estate leadership. “When we realized we weren’t going to be able to hold the in-person event, we switched to Facebook Live,” says Bonnell. “Surprisingly, six times as many people as would have been in the room have already viewed the recording in its entirety, so we actually got a bigger return than if we had held the event live.” On the heels of this initial success, Bonnell reached out to the organizers of the other cancelled events and 35 of them agreed to host virtual events instead. Rob Dipiero, Sales Representative and Manager with EXIT

Realty Specialists in Saint John, New Brunswick, says, “I believe that the COVID-19 crisis has presented all smart, hard working and empathetic REALTORS® with a great opportunity. At our brokerage we have focused on connecting and taking care of our agents so that when things go back to normal, they are able to connect and take care of their clients.” The professionals in Dipiero’s office have taken the time while self-isolating to focus on training, education and embracing new technology, “Agents have been implementing technology like Zoom for virtual meetings, BombBomb to record and send videos, Dotloop for digital signatures, EXIT Realty’s Enhanced Mobile Business Card™ and EXIT’s digital presentations to connect with clients.” When the agents aren’t able to come to the office, the office, goes to them – virtually. “In the past we were only able to connect once a week and usually had low turnout to our meetings,” says Dipiero. “Now we are connecting anywhere from two to four times per week and have great participation.” Carol O’Hanley, owner of EXIT Realty PEI along with her husband, Steve Yoston, says, “Our agents as well as Steve and I have definitely stepped up our technology game. Many of us were hesitant to try new technology tools but since the pandemic and the temporary closure of our physical office space, several of us have embraced technology and used it to engage with clients and other agents. Our agents have also focused on building and strengthening their relationships with past and present clients. Many agents with EXIT will come out of this pandemic more organized and more prepared to deal with the

boom that is expected in the real estate industry.” Kristen Trembinski, the owner of the subfranchisor rights to EXIT Realty in Northern Ontario, is also co-owner of EXIT Realty Lake Superior, Brokerage, in Sault Ste. Marie, a company with an average annual per-agent productivity of 23-25 closed ends. “One of the best changes that has come out of this time is the increased interaction with our people. The cohesiveness within the team is beyond what we’ve ever experienced,” she says. Trembinski’s team has been busy updating their databases, bios, social media and website presence. They’ve also participated in the training included as part of EXIT Realty Corp. International’s Take Action Stimulus Package, a $50 million bundle of training and technology offered to bolster EXIT agents and brokers across the U.S. and Canada. “The work that they are putting in now will definitely pay off moving forward,” she says. Trembinski and her team are

also reaching beyond the brokerage. “We have increased our relations with agents from other companies,” she says. “Although we may have considered them competition in the past, this time has brought us together as a team all going through the same challenges. Community involvement and client care have always been important to us, and this time has been wonderful to reflect on ways of giving back. We’ve put together a one-year plan including projects where our team can make a difference in the community.” Trembinski and her partner, Jamie Coccimiglio, have also fortified the underpinning of their operation. “This time has forced us to strengthen our budget and understand ways of cutting back on unnecessary expenses,” Trembinski explained. “We always said this needed to be done, and we’ve now taken the time to trim where necessary. It feels great!” Leadership and staff are assessing operational practices at all lev-

els. “There are projects, such as onboarding and training manuals, checklists, etc. that needed to be done, and day by day we have been able to check them off our list. We’ve kept our employees working full time and we believe that this is going to keep us strong once our office doors open up.” For many agents and brokers across the EXIT system, the silver lining in the COVID-19 cloud is the opportunity to pause and recalibrate their priorities. “In this industry, we are often guilty of high stress, long hours and not taking very good care of ourselves,” says Trembinski. “During this time, I have developed a whole new routine, including self-care that I will continue moving forward. We’ve also challenged our staff and sales team to develop their own routines, including daily affirmations, reading, exercise, meditation, journaling and practices that allow them to get present and clear. This has been a wonderful time to recognize all that we are grateful for.”

EXIT Realty is a company founded and built on human potential. A full service, forward-thinking, real estate franchisor with offices across North America, EXIT has to-date paid out more than $460 million in single-level residual income to its associates. The Expert Marketing Suite™ including geolocation Smart Sign™ technology gives sellers an edge in a competitive marketplace. The Focus on Good Health blog promotes wellness at work and home. A portion of every transaction fee received by EXIT Realty Corp. International is applied to its charitable fund. To-date, more than $5.5 million has been pledged to charity.


20 REM JUNE 2020

tizer. Some are giving the product away and others are selling it with proceeds donated to local food banks. ■ ■ ■

Good Works T

he founding families of Re/Max Integra – the Polzler, Schneider and Alexander families – are making a personal donation of $100,000 to support food banks in their local community. The company also asked Canadians and its network of brokers and agents to join them in raising funds to supply meals to local food banks across Ontario and Atlantic Canada as part of the Re/Stock with Re/Max initiative. A $30 donation buys one food box, which is the equivalent of a week’s worth of food. The boxes will be distributed to 130 communities across Ontario, with a goal to send 450,000 boxes total. “During these trying times, we realize that some tables are more bare than usual for millions of families across Canada,” says Shelby Schneider McDonald, vice presi-

dent at Re/Max Integra. ■ ■ ■

When a distillery converted part of its operation to produce hand sanitizer and disinfectant to fight the spread of germs and viruses, especially COVID-19, they were overwhelmed with requests. Andrew Kerr stepped up to help Dillon’s Small Batch Distillers distribute the sanitizer and disinfectants to healthcare professionals as well as microbreweries and takeout restaurants. “I have now repurposed my garage to become the ‘Toronto distribution centre’ for first responders/healthcare providers to pick up disinfectant/hand sanitizer that Dillon’s is producing,” says Kerr, a sales rep with Sutton Group - Old Mill Realty in Toronto. Multiple distilleries in Ontario have begun producing hand sani-

In late March, Darvonda Nurseries of Langley, B.C. and Redcliff, Alta. learned that its largest wholesale buyer would not be able to accept the majority of its season’s spring plant order. Lawrence Jansen, the owner of Darvonda Nurseries, needed a solution to sell up to 80 per cent of its annual vegetable and potting plants grown in Alberta and British Columbia or risk survival of its third-generation business. He explained the situation to James Heaps, the head of M&A and business advisory services at Avison Young, and the groundwork for a solution was put in place. In four weeks, Lawrence Jansen alongside James Heaps, Hani Abdelkader and Travis McElroy at Avison Young worked on a plan that saw the creation of seven popup locations throughout Alberta and Saskatchewan. “We worked with Lawrence to effectively create seven businesses in one month,” says Heaps. “We believe we have a win, win, win solution; we win by working with communities and provid-

ing our product to our customers, real estate owners win by gaining a short-term solution with no additional cost; and fortunately, we now have a plan in place to help our business survive,” says Jansen. ■ ■ ■

Eryn Richardson, a broker at Century 21 Heritage Group in Newmarket, Ont., recently launched Heritage Helpers to help those in need during the pandemic. This network connects homebound locals with volunteers who can help with a variety of tasks: grocery shopping, delivering medication or providing useful resources. With about 30 Realtors volunteering in five local communities, many of the elderly or atrisk members are getting the help they needed after receiving the strict advice to stay home. “The biggest issue is that people don’t think they need help or they are timid to ask for help. Don’t be embarrassed. Everyone needs help,” says Richardson. Those in need of help in the Bradford, Hamilton, Newmarket, Richmond Hill or Thornhill areas can find a helper at heritagehelpers.ca. ■ ■ ■

Dean Michel and Jennifer

Bacon, owners of Century 21 Granite Realty Group, recently created the Jump In The Lake Challenge to help raise more than $15,000 for the local Coboconk and Area Food Bank. Recognizing the pressing need for funds, Michel said he would jump into the chilly waters of Balsam Lake if he received $500 in donations. He then challenged his wife Jennifer Bacon to jump in if they reached $1,000. When the donations continued to roll in, they shared the challenge with other brave souls on Balsam Lake and other lakes in the area. On May 2, almost a dozen families and individuals took the plunge in support of the food bank and other local charities. ■ ■ ■

Becky Zhou Hill of Sutton – Premier heard reports of care facilities in her Surrey, B.C. community running dangerously low on PPE, so she got out her sewing machine and with the help of her 12-year-old daughter, Leah, they have produced more than 300 masks since early April. Zhou Hill is giving them out by donation; so far, they have raised more than $600 for the Surrey Memorial Hospital. “The demand has been overwhelming!” she says. “I have had

James Heaps

Eryn Richardson

Avison Young helped Darvonda Nurseries create seven new pop-up stores to sell most of its spring plant inventory. Kicking off International Nurses Week, Anita Springate-Renaud from Engel & Völkers Toronto Central and two of her team members dropped off 500 meals to frontline workers at Michael Garron Hospital. The team wanted to pay thanks to those who have put their lives at risk to fight COVID-19 and purchased meals from Kinder Kitchen to give back.

Re/Max Integra is a family affair. Standing, from left: Shelby Schneider, VP of corporate synergy; Simon Schneider, franchise sales consultant; Walter Schneider, founder and president. Seated: Christopher Alexander, EVP and Pamela Alexander, CEO. Not present for the photo shoot were Frank Polzler, founder and chairman and Michael Polzler, CEO and managing director, Europe. (Photo: Elijah Shark) Raman Dua

Ara Balabanian

The Heaps Estrin Team sponsored the Silver Lining Project.


REM JUNE 2020 21

seniors, people with asthma, hair salons, care homes and grocery workers in the South Surrey White Rock community as well as nurses and other front-line workers contact me. One lady told me that her mom’s care home only had four days of masks left, so I took on her order.” Mother and daughter sew day and night whenever they have free time between work and Leah’s homeschooling. Once an order is completed, Becky arranges a time to leave the masks on a table outside for people to pick up intermittently to maintain social distancing. ■ ■ ■

Century 21 Platinum Realty in Edmonton recently hosted a Lip Sync Contest to bring some cheer during these unusual times. Contestants created their best and most hilarious lip sync of their favourite song for a chance to win $1,000 to go towards their bills, rent or groceries. The first 40 entries also received a $25 grocery gift card. Props, costumes, make-up and crazy hairdos were all used to help make the contestants’ videos stand out. Patricia Lan claimed first place with her COVID-themed lip sync

of Stayin’ Alive by the Bee Gees. ■ ■ ■

Brandon Gough, a sales rep with Coldwell Banker RMR Real Estate, opened a restaurant on King Street East in Bowmanville called iGreek in 2016. It supplies fresh, never frozen product and uses a local farm to provide all their supplies for their meals. Following the COVID-19 shutdown, Gough decided to give back to the community by providing meals for front-line workers at Lakeridge Health in Oshawa and Bowmanville. In conjunction with the CB RMR offices of Brooklin, Whitby and Oshawa (now one office operating out of Dundas Street East in Whitby) Gough and RMR provided 100 free meals for the workers. Cathy Ayotte from the Port Perry office contacted Gough and paid for meals to be provided to the nurses at the Rapid Response Oncology Centre at Lakeridge Oshawa. They were surprised and extremely grateful – it was first time they received a group lunch. ■ ■ ■

Macdonald Realty Victoria is donating a portion of its agents’

monthly office fees to the Victoria Rapid Relief Fund, which is raising money for coronavirus emergency relief in the capital region. The first monthly contribution of $1,200 was delivered to The Victoria Foundation that chairs the fund, with a commitment to continue the monthly donations while Macdonald Realty agents work from home during physical distancing. “We saw an opportunity to shift the focus and support our community during this critical time,” says Ara Balabanian, managing broker of Macdonald Realty’s Victoria and Sidney offices. ■ ■ ■

The Heaps Estrin Team at Royal LePage Real Estate Services in Toronto recently unveiled The Silver Lining Project, a collaboration with award-winning Toronto-based photographer Camilla Pucholt in support of Community Food Centres Canada. “In these unprecedented times, we wanted to find a way to give back to our city and to support organizations that are at the front lines of this global health crisis,” says the team in a news release. “The Silver Lining Project’s mandate is to help cap-

Cathy Ayotte bought meals for the nurses at the Rapid Response Oncology Centre at Lakeridge Oshawa.

ture a ‘moment in history’ and spread some optimism, bring people together and raise money for an incredibly important cause.” The team offered 10-minute photo sessions at an outdoor location chosen by the donor, while respecting social distancing and the closure of public places. Photos were taken from a minimum of 10 feet away and subjects were encouraged to “jump around, dress up, dress down, bring some props, bring the family pet …we encourage you to get creative with it.” For every photograph taken, the team donated $8 to Community Food Centres Canada. “We are so happy to share that within one month, The Silver Lining Project has raised a phenomenal $5,000, which gives 625 individuals a healthy meal,” says the team’s website. ■ ■ ■

Mississauga-based Save Max Real Estate and tech start-up Workeefy recently hosted an online fundraiser event in support of Peel Region frontline responders who are supporting their communities during COVID-19. Several local politicians and business leaders took part.

Sales reps and staff from Coldwell Banker RMR deliver free meals for health care workers.

Andrew Kerr Shandrie Lewis and the massive collection of bottles.

Century 21 Platinum Realty’s Lip Sync Contest winner, Patricia Lan.

Becky Zhou Hill and daughter Leah, above, have been sewing masks since early April.

Dean Michel and Jennifer Bacon led a group of brave souls who jumped into chilly Balsam Lake to raise money for the local food bank.

“This fundraiser was an idea initiated by Shreya Dua, 14, daughter of Raman Dua, CEO of Save Max Real Estate. In celebration of her birthday, she asked for a way to support frontline responders in these difficult times rather than having a traditional teenage birthday,” says Ritesh Malik, cofounder and president of Workeefy, a start-up for online home services. Organizers set a goal of $100,000 to assist essential workers. In just a few days before the fundraiser, the organizers surpassed the initial $50,000 goal and since then have hit $60,000. A major portion of the money raised will be contributed to the William Osler Healthcare Foundation and Trillium Health Partners to procure personal protective equipment for frontline healthcare responders. ■ ■ ■

Shandrie Lewis, broker/owner of Re/Max Professionals in St. Albert, Alta. recently organized a bottle drive to raise funds for the local St. Albert Food Bank. Lewis and the other agents and staff at her office collected more than 12,000 cubic feet of bottles. In total they brought two full fiveton moving trucks, six truck boxes and six trailers packed with bottles. All proceeds went to the St. Albert Food Bank. Several other Re/Max agents and brokers from Western Canada have been helping out their communities during the pandemic. Among their activities: • Re/Max Select Properties in Vancouver purchased over $3,500 worth of Save-On-Foods gift cards for families in need in their community. • Joseph Sharpe of Re/Max 2000 in Surrey, B.C. has been volunteering for Meals on Wheels to deliver food to seniors who can’t get to the grocery stores. • Michael Tudorie of Re/Max Select Properties created a onestop-shop community Facebook page and has been purchasing tickets for families to support a local theatre. • Judy Gray, broker owner of Re/Max Mid-Island Realty in Ucluelet, B.C. has been busy sewing handmade masks and teaching her grandkids how to sew them as well. REM


22 REM JUNE 2020

Opinion: COVID-19 clauses are defective By Bob Aaron

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he organization representing Ontario’s 70,000 Realtors has published four confusing and dangerous COVID19 clauses for members to consider using in purchase agreements. The Ontario Real Estate Association (OREA) is an advocacy group for Ontario’s Realtors. It publishes the standard forms used by all real estate agents in the province and has a committee that regularly updates them. This time, however, OREA has missed the mark. OREA’s four new “state of emergency” clauses are posted on its members-only website to “assist” parties to real estate contracts in coping with the ongoing pandemic.

Katarina MarkovinovicPraljak, OREA’s media relations chief, emailed me to confirm that its state of emergency clauses were created and vetted by the organization’s legal counsel and staff. The OREA clauses are similar to the ones distributed by some law firms and real estate brokerages and which I wrote about last month. In an e-bulletin last month, Sidney Troister, a partner at Toronto’s Torkin Manes LLP, cautioned against their use. Troister is a director of the Law Society of Ontario and is widely respected as being one of Ontario’s leading real estate lawyers. I fully endorse Troister’s criticism of the clauses. The main clause on OREA’s website states that if the buyer or seller is unable to complete the transaction because the bank or institutional lender of either party or the land registry office has temporarily ceased operations, then

the closing is extended to two working days after restoration of services. And if the delay exceeds a stated number of days, then either party may terminate the transaction. In many years of practising real estate law, I can honestly state that this OREA clause is the worst real estate clause I have ever seen. The clause is vague as to the meaning of “temporarily cease operations.” As well, it is certain that neither the banks nor the land registry offices nor any institutional lenders will be closing during the pandemic. Even if that were to happen, trying to revive a postponed transaction within two days in the COVID-19 environment is highly unrealistic. But the real kicker in that clause is the option it gives to either side to terminate the transaction. This would probably be the exact opposite of what one or more

of the parties want. It would frustrate their expectations of closing the transaction, deprive the agents of their commission and inevitably lead to litigation. In my view, for OREA to publish and appear to endorse a confusing clause allowing termination of a binding agreement is irresponsible in the extreme. Two more clauses on the OREA website allow for electronic signatures on “any other documents” and “any closing documents” respecting the transaction. For agreements of purchase and sale, this is unnecessary because it is already provided for by statute, but closing documents including deeds, mortgages and affidavits cannot be signed by electronic signatures. So-called “wet” or ink signatures are still required by banks, real estate lawyers and the Law Society, even if they are scanned or faxed. In response to my request for

comment, all MarkovinovicPraljak would say to me was that OREA’s standard forms team would be reviewing my feedback, that the clauses are template tools to assist members, and that they are encouraged to seek brokerage and legal advice prior to using them. I’m not the only real estate lawyer who believes that the use of these OREA clauses or similar ones is extremely dangerous and could eventually lead to litigation among the contracting parties and the agents who drafted the agreements. The COVID clauses do not inspire confidence in OREA’s reputation. Bob Aaron is a Toronto real estate lawyer and frequent speaker to groups of home buyers and real estate agents. Email bob@aaron.ca, phone 416364-9366 or fax 416-364-3818. REM

Dan’s Isolation Journal By Dan St. Yves

D

ay 1: Well, turns out I need to self-isolate for 14 days? Piece of cake! I’ve got plenty of groceries, dozens of TV channels and a loooong list of things to do around the house – seriously, a total piece of cake! Maybe tonight I’ll even dig out one of those old DVDs I never watch anymore… Day 2: Watched Castaway last night, with Tom Hanks – oddly enough, a bit appropriate given the circumstances! Imagine though, naming a volleyball and having conversations with it! HA HA! As if! I did consume quite a bit of

potato chips and dip, so maybe I’d better swerve to some fruit and vegetables tonight. Day 3: You know, fruit and vegetables are really hard to chew on absent-mindedly. They need to be washed, peeled, chopped, dipped – that sounded like too much work, so I just made a bowl of popcorn. Pretty much scarfed that down while I watched Gravity with Sandra Bullock. Never mind getting stranded on a desert island, how about getting stranded in space? After the movie I peeked out the front curtains to check out how everyone else was faring in my neighbourhood. Pretty quiet, not even a single car driving by down the street. Ralph did head out to take his dog for a walk, hope he stays safe out there! Day 4: Okay, starting tomorrow morning, I’m cutting back on these heavy breakfasts. I won’t last the week, let alone two of them if I

keep eating at this pace. And I really need to consider expanding my taste in movies. Watched my DVD of The Martian with Matt Damon. How many movies are there with people stranded somewhere? I wish I had a dog myself that I could take out for a walk. I see Ralph is still getting out everyday with his. Day 5: I was going to make some homemade french fries, but one of my potatoes actually looked like a human face. Eyes, nose and even a smirk. I couldn’t bring myself to cut him up. Left him on the countertop. With that smirk, I jokingly called him Benny – not sure why… Day 6: After watching way too many movies about people being stranded, Benny and I decided to listen to some satellite radio last night, a channel featuring AM radio hits of the ’70s. That didn’t go so well though – Solitary Man, All By Myself, Alone

Again Naturally – did none of these songwriters have any friends or family? We did spend some time looking out the living room window, wondering when was the last time Ralph changed his shirt. He wears the same one every night walking his dog. Note to self – put out some new clothes for tomorrow morning. Day 7: I could have sworn I had projects to work on around the house, but I haven’t been able to muster up much in the way of motivation. After the first couple of pots of coffee every morning I play a bit of Solitaire at the kitchen table and tune out Benny’s horrible potato puns. That smirk of his should have been a warning sign! Odd how when I tried to slip on my spare pair of jeans, they barely made it up past my knees. I must have shrunk them the last time I washed them. Day 12: Lost track of time – is

it Sunday? Monday? July? Haven’t talked to Benny in a couple of days. He wasn’t happy when I accused him of stealing what was left of our soda pop. Plus he had started to get little odoriferous, maybe spending too much time looking out the window without ever bothering to wash up? At any rate, just a couple more days to go before I can come out of this self-isolation. Movies and music didn’t go so well, so I’m digging out some of my old books. I used to be a huge fan of Stephen King. Not sure which one to re-read – The Shining? The Stand? Maybe both, those oughta get my mind off all this endless isolation! Humour columnist and author Dan St. Yves was licensed with Royal LePage Kelowna for 11 years. Check out his website at www.nonsenseandstuff.com or contact him at danst.yves@hotmail.com. REM


Congratulations, Ron Antalek Recipient of the Canadian REALTORS Care® Award 2020 Proudly Presented by REALTOR.ca Ron Antalek recently took home the Canadian REALTORS Care® Award 2020 in recognition of his outstanding contributions to his community of Maple Ridge, British Columbia. Ron Antalek is a prominent philanthropist, committed volunteer and mental health advocate whose $1 million donation to the Ridge Meadows Hospital Foundation has led to the establishment of a new psychiatric unit at the hospital as well as the launch of Foundry Ridge Meadows, a youth wellness centre, located within his community. CREA is proud of Ron’s accomplishments and the REALTOR® community’s generous spirit. Visit REALTORSCare.ca to learn more.

Thanks to our 2020 award sponsors:

REALTOR®. Member of The Canadian Real Estate Association (CREA) and more.


24 REM JUNE 2020

When a brokerage goes insolvent, do agents get their commissions? By Shaneka Shaw Taylor & Eugenia Bashura

I

n Firepower Debt GP v. TheRedPin, the Ontario Court of Appeal grappled with the question of what happens to a real estate agent’s uncollected commissions when their real estate brokerage becomes insolvent. The brokerage, TheRedPin.Com Realty, had a roster of real estate agents actively engaged in trades, which entitled the brokerage to commissions. Red Pin had commission-split agreements with their agents. Before all of the commissions were collected, Red Pin became insolvent and a receiver was appointed.

The receiver went to court to seek guidance on whether the agents’ commissions, when collected, had to be held in trust for the benefit of the agents or the brokerage. Guidance was needed as secured creditors can collect from an insolvent business before unsecured creditors. If the secured creditors deplete all of the assets of the business, there will be nothing left for unsecured creditors to collect. If the commissions were held in trust for the benefit of the agents, the commissions would be excluded from Red Pin’s available assets and secured creditors would not be able to access those funds before the agents. If on the other hand, the commissions were not held in trust, then the agents’ claims to their share of commissions would be as unsecured creditors, ranking them behind secured creditors.

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The motions judge found that a trust had not been created for the benefit of the agents, as there was no evidence of Red Pin and the agents’ mutual intention to create such a trust. The agents appealed. The Ontario Court of Appeal agreed with the motions judge. The Court of Appeal found as follows: (a) Agreements between Red Pin and the agents. The independent contractor agreements between Red Pin and each of its agents neither explicitly created a trust, nor required that one be created in relation to the treatment of commissions. This failure to express that intention indicated that the parties did not intend to create a trust. (b) Red Pin’s financial statements. Red Pin’s financial statements supported an inference that there was no intention to create a trust. Red Pin’s financial statements reflected certain amounts as held in trust in the “Restricted cash� category. That category, however, did not include the agents’ commissions. Instead, the agents’ commissions were shown as assets of Red Pin in the “cash and cash equivalents� category. The financial statements were approved as accurate and not misleading by the auditors and by Red Pin’s Board of Directors. (c) History of a separate commission account at Red Pin’s banks. Red Pin had three bank accounts – a trust account where buyers’ deposits were kept, a commission account where all commissions were deposited and an operating account in which Red Pin transferred its portion of the commission split. The commission account was not opened as a trust account at Red Pin’s bank but rather as a standard operating account. This supported the conclusion that there was no intention to create a trust. (d) Trade records sheets. The reference to the “contract� in the trade records sheets was to the independent contractor agree-

ments between Red Pin and its agents and that these agreements, as discussed above, contained no mention of a trust. Therefore, the fact that the trade records sheets showed that the agents’ commissions were split with Red Pin and stated that it constituted a commission “trust� agreement “as set

intention should be clearly articulated in the agreement between the agent and the brokerage. At a minimum, that mutual intention should be recorded in the agreements that the real estate agents have with their brokerage. If necessary, have a lawyer prepare or review any independent contrac-

The motions judge found that a trust had not been created for the benefit of the agents, as there was no evidence of Red Pin and agents’ mutual intention to create such a trust. out in the contract�, this was not determinative of the parties’ mutual intention to create a trust. (e) Evidence of Red Pin’s founder: Finally, the evidence of Red Pin’s founder, Tarik Gidamy, who testified that the commissions were held in trust for the agents, was after-the-fact evidence inconsistent with his behaviour at the relevant time (i.e. his representation to Red Pin’s auditors and Board of Directors of the financial statements where the agents’ commissions were shown as assets). Based on the above, the Court of Appeal dismissed the agents’ request that they receive priority over secured creditors, in respect of the uncollected commissions.

What does this mean for agents and brokerages? If it is the expectation of real estate agents and their brokerages that commissions, when collected, will be held in trust for the benefit of the real estate agents, this

tor agreement to ensure that the parties’ reasonable expectations are clearly communicated. As the business progresses, ensure that the parties’ behaviours are consistent with what would be expected for a trust relationship including respecting the fiduciary obligations owed by a trustee to the beneficiaries of the trust. Eugenia Bashura joined Boghosian + Allen LLP in 2019 to complete her articles. She is a graduate of the University of Windsor. Shaneka Shaw Taylor is a partner at Boghosian + Allen LLP where she practices municipal, commercial and real property litigation. She is also a licensed real estate salesperson with Forest Hill Real Estate. She has authored several articles and speaks regularly on topical municipal ligation and civil litigation matters. She recently authored The Annotated Real Estate and Business Brokers Act, 2002 and Regulations (LexisNexis Canada). Phone 416-367-5558 ext. 214; email staylor@boglaw.ca REM


REM JUNE 2020 25

Winning the listing: The consultation By Ross Wilson “Don’t wish it were easier, wish you were better.� – Jim Rohn

I

n this continuing series of articles, which are abridged excerpts from my book, The Happy Agent, I address the presentation segment of the evaluation process. With your homework done, and with a value range in mind, this is where the rubber truly hits the road. With appropriate forms in your briefcase, a lawn sign and lockbox in your trunk and hope in your heart, as you approach the front door, you’re confident and fully prepared. As you step through the front door, you’re greeted by the homeowners in a beautiful foyer with a fantastic mosaic tile floor, rich wood paneling and etched bevelled glass doors to an elegant dining room. Suddenly, your opinion heads to the northern reaches of the value range. Okay, the owners of an outwardly unkempt property aren’t outdoorsy or they fired the gardener. But while inspecting the basement, a whiff of dampness brings another negative tweak. Down it goes again. Oh, but you’re then left breathless by the sight of a dazzling gourmet kitchen featuring Brazilian gran-

ite counter-tops and rich cherry cabinetry. Up goes your yet unspoken opinion, maybe even a little higher than the top of your preconceived value range. My example is clearly exaggerated, but I’m sure you get the idea. Think like an impartial buyer but consider the emotional element. Will the property enthuse or bore? In the final analysis, your ability to view objectively – and think on your feet – is where you justifiably earn a large portion of your fee. It’s that important. If you like percentages, try 40 per cent at this stage, another 40 per cent during offer negotiation(s) and the remaining 20 per cent with absolutely everything else. Once you’ve completed the inspection, with or without the homeowner traipsing around after you, gather everyone at the dining table for your carefully prepared CMA presentation. Its format might be a sophisticated software program or PowerPoint production on your tablet or the homeowner’s television. Or it might be a collection of unpretentious highlighted printouts of comparables, scribbled with notes upon which you reasoned your range. Or it could be a fullcolour customer-friendly portfolio with appropriate charts, graphs, testimonials, business bio and services rendered, along with feature sheets of your previously sold listings (with private infor-

Your ability to view objectively—and think on your feet—is where you justifiably earn a large portion of your fee.

mation redacted). If they choose to defer their decision, leaving an expertly prepared booklet behind serves as a silent sales aid that, in your absence, will reinforce your professionalism. If your portfolio is digital, you could certainly email it to them afterward. To thwart any possibility of their summarily bringing the meeting to an end, I urge you to not lead with your value judgment. Remember the power of curiosity. Keep them wondering. Even though you’ve already done the mental arithmetic, reserve your opinion until you’ve had more opportunity to bond. By reviewing the comparables with them, working up from the lowest sale prices, you’ll not just be telling them; you’ll be showing them how your opinion evolved. Going through them again will also serve as a refresher for you and at the same time, ease them into drawing a similar conclusion. Your opinion, when finally given voice, will become not just the view of a stranger, but a conclusion from someone more familiar. And it will be based on a solid, honest rationale and credible substantiation. If they’re rational, your prospect will reach a similar conclusion. In summarizing, don’t pull any punches. Tell them what they need to know, which isn’t necessarily what they want to hear. Honesty is always the best policy. You may find yourself competing with other agents who have unknowingly erred or deviously opined with an excessively high opinion. Agents in the latter group can rationalize their behaviour by thinking that if it fails to sell, at least they’ll benefit from sign calls and internet hits. If you want a long and successful career, I suggest that you avoid both practices; the former because it’s obviously incompetent and the latter because it’s unethical. Don’t “buy� the listing with the intention of seeking a

price reduction a few weeks later. Since the market is the final arbiter of value, even with a realistic opening list price, you may need that price change anyway. By innocently or maliciously misleading a homeowner, you’d not only be ill serving them, but also accepting a listing that’s doomed to expire. A faded lawn sign on a stale listing does not enhance your reputation in the neighbourhood, nor earn you a commission paid by a happy homeowner. At the best of times, evaluating real estate is an inaccurate science. Reinforce the fact that an opinion is simply an educated guess, and that in an open market, anything can happen, favourable or otherwise. When all is said and done, whatever price their property obtains will be fair market value. Assure

them that whatever happens, you’ll do everything practically possible to make it as high as the market will bear. You’re on the same team. In the next column, with your initial presentation more or less completed, I discuss the topic of seller wishful thinking and how to effectively handle an overly optimistic homeowner. Ross Wilson is a retired real estate broker with extensive experience as a brokerage owner, manager, trainer and mentor over a highly successful 44-year career. His book, The Happy Agent – Finding Harmony with a Thriving Realty Career and an Enriched Personal Life is available where print and ebooks are sold, including the TREB, MREB, RAHB and OMDREB stores. For more details, visit Realty-Voice.com. REM

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26 REM JUNE 2020

T

he Ontario Regional Technology & Information Systems (ORTIS) and the Ontario Collective (OC) have launched their combined MLS system on the new Matrix 360 platform. The corporations serve 21 Realtor associations with a combined membership of more than 14,000 Realtors. Trevor Schmidt, who most recently served as the interim CEO of the Saskatoon Region Association of Realtors, has been named project manager for the system. “We’re very excited to have Trevor on board as we continue to strengthen and grow our regional MLS system,” says Brad Johnstone, chair of ORTIS. “Trevor brings 12 years of real estate association experience where he was the IT manager introducing new technologies to the organization and its membership, before becoming the COO.” Allison McLure has been retained to develop a regional professional standards, discipline and arbitration framework for consider-

ation by the ORTIS member associations. She previously worked as legal counsel to CREA for 12 years. “Combining the Ontario Collective and the ORTIS MLS systems isn’t just about data and technology – co-operation and professionalism are equally important,” says Steve Dickie, OC chair. “In every member survey, professionalism comes back as one of the highest priorities for boards to address. Allison will provide us with a framework member associations can implement to help ensure that on our system all Realtors are providing consumers with the highest standards of service they expect and deserve.” All member associations now have access to the combined system. ■ ■ ■

Chris Peters assumed the role of president of the Nova Scotia Association of Realtors (NSAR) at its recent virtual AGM. Originally from Ontario, Peters and his family moved to Eastern

Trevor Schmidt

Passage, N.S. in 2004. He is an agent with Royal LePage Atlantic and has been a member of the NSAR board since 2016. NSAR’s executive team includes Donna Malone, presidentelect; Tammy Hines, vice president; and Matthew Honsberger, past president.

Royal Pacific Realty; Cybele Negris, appointed director; Jennifer Quart, Re/Max Westcoast; Danielle Roy, Five Sails Realty; Arnold Shuchat, Sutton Group - West Coast Realty; and Jason Wood, Pacific Evergreen Realty.

■ ■ ■

Myra Stewart, EO of the Sudbury Real Estate Board, retired on April 30 after serving the board for more than 25 years. “Myra has been an esteemed and significant contributor to the success of the Sudbury Real Estate Board for over 25 years,” says the board in a news release. “Myra has led the organization through great progress and successes. Myra has played a key role in growing our membership while successfully navigating industry changes and adaptations. Myra is well respected within the Realtor community, not only in Sudbury but across the province.” Ashley Sauve has been named EO of the board. Sauve holds a broker license and was an awardwinning Realtor, the board says. She is a former president of the board. “Ashley’s extensive knowledge of the real estate industry coupled with her proven leadership make her a great fit,” says the board. It says she has “made significant gains in advocacy and has a proven track record of building strong industry relationships.”

Colette Gerber of Sutton Group – West Realty is the new chair of the Real Estate Board of Greater Vancouver’s (REBGV) Board of Directors. “I move into this role amid a public health crisis. The Realtor community that we represent at REBGV is working to embrace new practices and innovations to help the public meet their housing needs in a responsible way,” Gerber says. Gerber became a Realtor in 2008. Before joining the real estate profession, she had a lengthy career in management, finance and luxury residential development. REBGV’s 2020-2021 Board of Directors also includes Taylor Biggar, chair-elect, Oakwyn Realty; Daniel John, vice-chair, Sutton Group - Seafair Realty; Ashley Smith, past chair, Oakwyn Realty; Doug Dang, Amex Broadway West Realty; Brian Friedrich, appointed director; Bob Ingratta, appointed director; Leslie McDonnell, Re/Max Select Properties; Michael Mitsiadis,

Allison McLure

■ ■ ■

Chris Peters

■ ■ ■

Corey Breau, broker of record at Re/Max Professionals Saint John, has been acclaimed as president of The Saint John Real Estate Board. Breau was born and raised in Saint John by his Realtor parents, Gordon and Joanne Breau, who own and operate Re/Max Professionals Saint John. Corey graduated with a marketing diploma and joined the family business in 2010, consistently increasing his production year over year, earning sales awards eight years in a row and obtaining his manager’s license in 2017. He was elected to the Board of Directors for the Saint John Real Estate Board in 2015 and has served on or chaired several committees. He has also served on provincial finance and government relations committees with the New Brunswick Real Estate Association. Breau will serve a two-year term as president. ■ ■ ■

As COVID-19 continues to put pressure on the province’s already stretched shelter system, the Ontario Real Estate Association (OREA) announced it is donating $480,000 to shelters and shelter-based charities through the Ontario Realtors Care Foundation. “With so many local shelters struggling to respond to increased demand, new procedures and outbreaks, we needed to do something to help,” says OREA president Sean Morrison. “It is our hope that this donation will help shelters and food banks through this incredibly difficult time.” The donation is being redirected from OREA’s one-time $5-million grant to the Ontario Realtors Care Foundation made earlier this year, facilitating a faster and direct distribution of funds at a time of need. The funds will be directed to local charities by OREA’s 37 member boards. ■ ■ ■

The Barrie & District Association of Realtors (BDAR) is donating $7,000 to three local charities to assist in making ends meet at a time when fundraising is difficult. The money will be divided equally between Youth Haven, the Women and Children’s Shelter of Barrie and the United Way Colette Gerber

Ashley Sauve

Corey Breau

Robin Jones

Continued on page 27


REM JUNE 2020 27

What’s

New

Re/Max launches tool to create 360-degree tours Re/Max recently launched Re/Max 360 Tours powered by EyeSpy360, a virtual platform that allows agents to create 360-degree virtual tours and provides leadgeneration capabilities. The company says the new tool allows agents to upload 360-degree photos from their smartphone or scan cameras to create professional-quality 360-degree virtual tours, 3D home models, floor plans and still pictures. “What differentiates this tool

from others is the ability for you to video-conference with the consumer in real time, while you walk them through the virtual tour. Homebuyers have the opportunity to navigate their way through the home, exploring different areas at their own pace, and ask questions along the way. It’s like being there in person, without the risk,� says Re/Max in a news release. “As the world moves through this pandemic and finds new ways to do business, we know there’s no going back,� says Christopher Alexander, EVP and regional director, Re/Max of OntarioAtlantic Canada. “Re/Max agents

Boards and Associations Continued from page 26

Simcoe Muskoka. “Our members, working through the Realtors Care Foundation, are contributing much-needed funds to help provide housing for women, children, youth and the homeless,â€? says Robin Jones, BDAR president. “This is the time that we come together to help those in need, and right now, local organizations, charities and businesses are hurting. Our association has the ability Each year the Real Estate Board of Fredericton Area takes an official to step up and help out right here photo of its newly appointed Board of Directors. Usually it is taken in the formal setting of a boardroom, but this year social distancing in our communities.â€? â– â– â–

The Toronto Regional Real Estate Board (TRREB) has received an additional $278,000 in Ontario Realtors Care Foundation grants to help support shelter-based charities across the Greater Toronto Area. This supplements the $713,000 that TRREB already provided in grants to shelter-based charities in the GTA at the end of 2019. “We have heard from the most vulnerable about the impact that the COVID-19 pandemic is inflicting. This is especially true with breakfast programs that feed our children daily, and food banks with increasing needs during this challenging time,� says TRREB president Michael Collins. “TRREB has donated an additional $50,000 to the Breakfast Program partnership it has with the Toronto Foundation for Student Success, a program that feeds more than 200,000 children across our region each day. The program is now providing food

have already been leveraging technology to bring convenience, efficiency and ease to the real estate transaction. COVID-19 has only pushed this emerging trend to the forefront.�

Free online tool addresses evolving safety protocols Toronto firm OneLocal recently launched COVID-safe.services, a tool for Realtors that addresses evolving safety protocols. It’s a free online resource where Realtors can access and share the latest COVID-19 regulations. “We’ve been speaking to small businesses, and even those who have since reopened, or maybe never closed at all, are struggling to get people through the doors,� says Maggie McIntyre, director of operations at OneLocal. “People are saying. ‘Why should I walk into a store and risk my health when I can just order online?� We’re hopeful COVIDsafe.services will give consumers an alternative to buying online because we truly believe that small businesses are the key to restarting the economy.� Businesses can access tailored

safety checklists to navigate COVID-19 government regulations. For Realtors, there is a set of mandatory protocols that they must say they are following before they can share it with their customers. Once they are following these guidelines, they can then create a public profile for their customers to see, the company says.

Engel & VĂślkers partners with Matterport Engel & VĂślkers recently announced a partnership with Matterport to provide its network with the latest in virtual technology capabilities. The deal means Engel & VĂślkers advisors will be able to use Matterport-certified local professionals to capture high-fidelity scans of listings. This will enable advisors to host virtual open houses and immersive 3D property walkthrough experiences for buyers. Advisors will also have everything they need to promote their properties, including an inclusive package of high-resolution photos, video assets, floor plans and a 3D tour, the company says. REM

required a more creative approach. Front row, from left: Michele Morris, vice president; Sean Daly, past president; Michelle Roy, president; and Dave Watt, treasurer. Back row: Debbie Crouse, director; Heather Warren, administrative assistant; Sharon Watts, EO; Justin Morehouse, director; and Linda Currie, director.

cards to cover the cost of breakfast for 30 days in an effort to help students get the nutrition they need while at home. The balance of our support will go to GTA food banks and shelter-based charities, especially those that receive little or no government grants.â€? â– â– â–

The Mississauga Real Estate Board (MREB) and BrokerBay have created a strategic alliance that the board says is the first of its kind in Canada. BrokerBay offers a front-desk system for the management of appointments, 3D virtual showings, offers, communications, analytics and more in a secure, cloud-based solution. It is currently used by more than 26,000 agents in Ontario. “Today’s agents and brokerages require modern systems that are

responsive to today’s mobilefriendly environment, simplifying and expediting front-desk management,� says Asha Singh, president of MREB. “Our partnership adds to our long list of value-added services we provide to our members. Leveraging the size of our board allows our member brokerages to benefit from this innovative technology at a more competitive price.� The BrokerBay team also released its new MLS integrated 3D Virtual Interactive Showing platform recently. “Our clients can now offer the most advanced, userfriendly and collaborative 3D showing experience on their listings,� says Michael Gruenstein, director of sales. “We are excited about our new partnership and look forward to working with MREB brokerages.� REM

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