November 2014

Page 1

Issue #305

November 2014

Challenges and goals of Canada’s largest board Page 3

Should salespeople be available 24/7?

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Page 8

Listing luxury properties Page 18

Ken Lamb’s leap of faith

Independent Calgary broker’s success story Page 10


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REM NOVEMBER 2014 3

Challenges and goals of Canada’s largest board

Toronto Real Estate Board president Paul Etherington talks about real estate dues, lobbying efforts and other issues facing his 40,000 members. By Neil Sharma

TREB members’ dues have decreased in seven of the last 13 years.

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aul Etherington has just finished overseeing his first summer as president of the Toronto Real Estate Board (TREB), and while this seasoned veteran has been serving on the board since 1999, he’s as cautiously optimistic as ever about the future of the real estate industry. Etherington speaks glowingly of the many changes that have swept through TREB during the last 15 years. Chief among them is ordaining fiscal responsibility as its unflagging policy, keeping its 40,000 members’ fees reasonably low in the process. One of the ways in which TREB membership fees have actually decreased seven times in 13 years was by trimming a staff of more than 200 employees to a more cost-friendly 113 that’s still, according to Etherington, every bit as efficient. “The dues at TREB are among the cheapest of any real estate board in Ontario, partly because we have the buying power of 40,000 members,” says Etherington. “But we have a great MLS service that has not been down in 10 years. It does everything we need and we keep adding functions to it. We lobby the government and we’ve cut our dues seven times in the last

13 years because we really do practice fiscal responsibility and we try to cut where we can with regards to expenses.” As for some of the difficulties facing Toronto Realtors, Etherington says that the industry is among the most competitive in the world and that the market will dictate who sinks and who swims. Among those one might expect to sink are part-time Realtors, frequent targets by some within the industry who regard anything less than categorical devotion with contempt. “As long as people are competent and follow the rules, everyone has a place,” says Etherington. “That’s what makes this a great industry; everyone can choose to do what they wish.” TREB is currently in litigation with the Competition Bureau over what the latter charges are discriminatory policies that stifle some real estate companies’ attempts to share certain MLS information online. While Etherington said he couldn’t openly discuss the matter in detail because it’s before the Competition Tribunal, he says TREB remains confident that it will be exonerated.

“We believe that we don’t discriminate; we’re very much in favour of any and all business models,” says Etherington. “I believe real estate is extremely competitive and when this all plays out in front of the courts, we’ll be vindicated.” Etherington says 2015 will see the board increase its lobbying efforts, introduce more technological interaction between the board and its members, and start new initiatives to foster stronger bonds between its Realtors and the community they serve. “This coming year I want to promote, as much as I can, investing in real estate and homeownership as a good thing,” he says. “We’ve got historical trends, prices going up; so, buying houses and buying real estate benefits the public, the community and the individual. “At the same time, we have new initiatives like our TREB Fact Sheet and enhanced market data for members. We also want more of a sense of community this year, which we will build with different functions and more promotion to get people out and get better press on it. We’re also going to use technology to engage members to get them more involved.”

Etherington says TREB is busy lobbying the government on behalf of consumers, too, which will in turn encourage more activity in the market. “There’s the RRSP Home Buyers’ Plan. We’ve lobbied to have that increased,” he says. “We’d like to see some capital gains rollover exemption, there’s the new Condo Act that we’re giving input on. We’re providing input on a lot of things.” Another hot topic Etherington addressed is the city’s controversial Land Transfer Tax, which he unequivocally opposes. Not surprisingly, considering his fiscal conservatism and the fruits such policy has yielded for TREB and its members, Etherington is concerned that the tax will dissuade real estate activity in Toronto, which can have ramifications that percolate throughout the economy. “Real estate is one of the economic engines that drives this country,” he says. “Every time a house sells, people get new carpets or hardwood floors, they paint, they buy appliances. In addition to the costs associated with the house, lawyers are involved, mortgage brokers are involved, banks are involved. Every time a house is sold, there’s a lot of economic activity generated by that one house, and anybody who puts a barrier, whether it’s an extra tax or whatever it is, they’re not smart enough to figure out they’re hurting the economy.” Etherington’s comments on the Land Transfer Tax come at a pertinent time because of the looming mayoral election. Doug Ford, now running in lieu of his brother Rob, who’s been felled by illness, has pledged to cut the tax by 60 per cent over his four-year term if elected, while other mayoral frontrunners John

Tory and Olivia Chow have countered that it cannot be done. Etherington is careful not to endorse any one candidate, but he didn’t mince words with regards to one candidate’s policies. “The Land Transfer Tax is a detriment in Toronto, and now you have Olivia Chow coming out and saying she wants to increase it even more,” he says. “That’s a barrier to home ownership, and a barrier to home ownership is a bad thing in this country. I think Ford and Tory get that; I don’t think Olivia Chow does.”

Paul Etherington

Candidates had an opportunity to explain their visions for the future of real estate in the city at a recent mayoral debate being hosted by TREB at its Annual General Meeting. Asked if TREB has any plans to implement an online agent rating system, as has been put in place in Saskatchewan, Etherington says, “We are involved in a lot of things right now and we are not considering a Rate Your Realtor. There’s one that recently failed in the U.S. and TREB is not considering that activity at this time. We’ve had discussions on it in the past and the overwhelming majority of our members don’t seem to want it, so we’re not planning on going down that road.” REM


4 REM NOVEMBER 2014

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

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at Baker has been named chairman and Barbara Lawlor president and CEO of Baker Real Estate in Toronto. Baker founded Baker Real Estate in 1993 and most recently was CEO. The company is known for its niche business of marketing and selling pre-construction new homes and condominiums for the development industry. As chairman, Baker is responsible for developing strategic focus for the company and taking a role in new business, new clients and major projects where the company is involved, the company says. Lawlor has been a member of the Baker Team since 1993. She has opened new offices and led major sales and marketing campaigns for the company in North America and international real estate markets. She is an indemand columnist and speaker, the company says. Her responsibilities include new business development and overseeing the Canadian, U.S. and overseas offices. Baker Real Estate has annual

new home sales of almost $2 billion dollars. It is part of Peerage Realty Partners. ■ ■ ■

Alex Ocsai and Gloria Riddall, brokers/owners of Royal LePage Meadowtowne Realty in Mississauga, Ont., recently acquired Johnson Associates Real Estate, an established independent brokerage based in Georgetown, owned by Finn Poulstrup. Johnson Associates has 50 salespeople and brokers who have maintained the No. 1 market share in their core market areas for more than 20 years, the company says. “This is a great cultural fit for the people at Johnson Associates,” says Poulstrup. Catherine Fox remains in her current role as area manager – Halton and branch manager, Georgetown office. ■ ■ ■

Mike Cartwright, owner of Main Street Realty, has opened a new branch office in Caledon in the Town of Bolton. The independent brokerage also has offices in

Newmarket and Stouffville. The office will be managed by Christina Pilon, an experienced local broker. “Our short-term goal is to have 10 new salespeople by year-end,” says Cartwright. “Our future plans are to expand and become the largest brokerage in Bolton.” ■ ■ ■

John Knox has been named vice-president of Fair Realty in Victoria. Knox joined the company in 2010 and opened the Kootenay Regional branch office of Fair Realty in Nelson. That was followed by branch expansions into Fruitvale, Trail and Kelowna and the company says two more branch openings are in the works. Knox has 27 years of real estate experience. President Bob Wilson founded Fair Realty in Victoria in 2002 and now has more than 160 salespeople in 13 company-owned branch office locations covering 10 real estate boards across B.C.

Re/Max Rouge River Realty has expanded its footprint across Durham Region with the opening of a new office in Newcastle, Ont. It will be managed by Gary Plummer. The brokerage now has eight offices and 220 salespeople in Toronto, Pickering, Ajax, Whitby, Oshawa, Courtice, Bowmanville and Newcastle. Local board memberships include The Toronto Real Estate Board, The Durham Association of Realtors, The Kawartha Lakes Real Estate Association and The Northumberland Association of Realtors. Re/Max Rouge River Realty was established in 1987 by David and Dolores Pearce and remains family owned and operated by David, Dolores and daughters Melody and Jennifer Pearce. ■ ■ ■

Wesley Marstaller has joined The Rennie Group in Vancouver as chief operating officer. Marstaller will oversee some initiatives in the Rennie real estate businesses and will also be responsible for the non-real estate activities of the company, including group investments in technology, art and other areas, the company says. Marstaller was with Macquarie, a global investment bank, where he was a vice-president in the private equity investment division.

■ ■ ■

■ ■ ■

Pat Baker

Barbara Lawlor

Alex Ocsai

Gloria Riddall

Finn Poulstrup

Mike Cartwright

John Knox

Wesley Marstaller

McGill Real Estate in Montreal has been named the exclusive agency in the province of Quebec for Leverage Global Partners. Leverage specializes in connecting clients seeking luxury real estate with vetted, independent real estate brokers around the world. It is currently in 17 countries and 129 markets with 225 agencies. “For McGill Real Estate, this is a colossal strategic alliance,” says owner Patrice Groleau. “We are now partners with the biggest names in the industry such as CORE in New York. Our customers will have access to the largest real estate network of capital and investors in the world.” Debby Doktorczyk, president of McGill Real Estate says, “The fact that Leverage is interested in the real estate market in Montreal sends a clear message, positioning Montreal as a major city of the world, both in terms of real estate, and (the) economy.” ■ ■ ■

JLL recently announced the formation of the Commercial Real Estate Lenders Association (CRELA) at its inaugural round table, hosted by the firm’s downtown Toronto office and featuring Ontario Finance Minister Charles Sousa as the keynote speaker. “This event has been the official launch of CRELA,” says Amar Nijjar, VP of debt capital markets at JLL. “The association has been formed as a networking and professional development platform that we hope will be the voice of the commercial real estate lender industry.” Hosted at JLL’s downtown office, the organizing committee is comprised of Amar Nijjar (JLL), Chad Gemmell (JLL), Michael Rupar (Scotia Bank), Daniel Simunac (Raymond James), Steve Gagro (Laurentian Bank), Neil Carpenter (National Bank) and Chris Green (BMO). The event included 50 senior management representatives of various financial institutions. CRELA will host quarterly luncheons, to be attended by lenders from different facets of the industry. The theme of each luncheon will vary, but the sessions will provide advice from legal, environmental, engineering and real estate experts, says JLL. REM


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6 REM NOVEMBER 2014

Agent alleges discrimination by client By Tony Palermo was sorry, his comments were inappropriate and to please cancel the contract. When he responded with more offensive comments, that’s when I said to myself, ‘no more’ and realized that this wasn’t just an unfortunate set of circumstances.” Allenberg says in early November 2013 he was called in by Johnson to see if he could help Johnson terminate the listing agreement for his high-end condo that he had with another agent. Allenberg says he attempted to negotiate a termination to the agreement, which was set to expire about 30 days later, but was unsuccessful because that agent had issues of their own with Johnson.

once the agreement with the other agent expired. Allenberg says the next day, after he and Johnson met in person and signed the contract, he received an email from Johnson saying he was cancelling their contract. When questioned, Allenberg says Johnson offered different reasons, including that Johnson had already promised the listing to another agent and that Allenberg was unethical to have signed a contract to take over his listing while there was already a contract with another agent in place. When Allenberg pressed further, explaining there was nothing unethical going on and pointing out that he was called

“I’ve worked hard to get my name out there, build a brand and develop a solid reputation,” says Allenberg. “This is an attack on me, (and) on other Realtors and it just makes my blood boil.” Johnson couldn’t list his property with another agent for the next 30 days and the agent who was holding Johnson for the duration of the existing contract couldn’t show it. Realizing everything was at a stand-still until the current contract expired, Johnson entered into an agreement with Allenberg, which was to have Allenberg take over the listing

in by Johnson; Johnson said he couldn’t trust Allenberg because he was a white South African. Allenberg says it was at this point that he reminded Johnson they had an enforceable contract in place, and that if Johnson wanted to cancel the contract, he couldn’t simply cancel it on his own – he had to apologize for the comments and ask Allenberg if he would agree

to cancel the contract. Johnson allegedly responded with another derogatory comment, so Allenberg filed the discrimination complaint with the B.C. Human Rights Tribunal. Allenberg says after Johnson was notified of the complaint by the tribunal, he contacted Allenberg’s broker and complained that Allenberg was unprofessional and should be disciplined. The broker reportedly told Johnson there was nothing wrong with Allenberg’s conduct, so Johnson then filed a complaint with the Victoria Real Estate Board (VREB), which Allenberg says was dismissed without a hearing. Citing privacy concerns, VREB did not want to provide a comment to REM. Allenberg says the complaints against him by Johnson to the broker and VREB were vindictive and launched because of Allenberg’s original discrimination complaint to the tribunal. The B.C. Human Rights Code protects against such retaliatory action, so Allenberg filed a second complaint with the tribunal. Allenberg has asked the tribunal to hear both of his claims at the same time and is waiting for a hearing date. The tribunal rejected a request by Johnson to have the original discrimination complaint dismissed, saying, in part, “… the new application to dismiss is made under each and every ground contained in s. 27(1), the vast majority of which simply have no conceivable application. Such an approach raises at least an index of suspi-

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Rick Allenberg

cion that the application was not framed seriously or may be intended to delay matters. I would also add that, even if the application had been brought only under s. 27(1)(b) or (c) of the Code, I would, considering the admissions contained in Mr. Johnson’s response to the complaint, have declined to exercise my discretion to dismiss it.” REM’s attempts to reach Johnson for comment were unsuccessful. Allenberg says throughout most of the process in the beginning, he had no intention of filing a complaint. It was only after Johnson continued to escalate the issue with racist comments, and a refusal to issue an apology and ask for Allenberg’s blessing to cancel the contract, that Allenberg decided it had gone too far. “I’ve worked hard to get my name out there, build a brand and develop a solid reputation,” says Allenberg. “This is an attack on me, (and) on other Realtors and it just makes my blood boil.” REM

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ick Allenberg, a white sales rep with Fair Realty in Victoria, has filed a complaint with the B.C. Human Rights Tribunal alleging his black client broke a contract with him over race and country of origin. Allenberg says he was born in South Africa but left the country and moved to Canada 25 years ago because he hated Apartheid and racial segregation. So, it completely angered him when his client, Dr. Roger Johnson, which tribunal documents show “identifies as a gay, multi-racial, black person”, decided to break his contract with Allenberg, in part because he suspects Allenberg “is a racist, white South African.” Allenberg says, “Given that I left South Africa because of Apartheid, his comments felt like sandpaper being run up my back and were extremely offensive.” But he says it wasn’t only because of the racial comments towards him that he filed the human rights complaint. Allenberg says he told Johnson in an email that if he wanted to cancel the contract, Johnson had to apologize for the racial comments and request their contract be cancelled. It was only when he received Johnson’s next email reply, which included a derogatory comment highlighted in capital letters and boldface type, that Allenberg decided Johnson had gone too far. “No one should have to take that kind of abuse,” says Allenberg. “All he had to do was send me an email saying that he


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8 REM NOVEMBER 2014

Should salespeople be available 24/7? By Toby Welch

I

s it mandatory to offer 24/7 service to your clients? Should clients understand that you have a life outside of real estate or is that hoping for too much? Establishing how accessible you need to be to your clients is not always a simple thing. John Angus, broker/owner of John Angus Realty in Lac du Bonnet, Man., doesn’t claim that he provides 24-hour service. “I do my best to respond to my customers, prospective customers and clients in a timely fashion. Does that mean they get instant feedback? Not necessarily, because if I am with a client or a prospect, I do my best to give them my full attention.” But Angus says he has set up a system so “a real live knowledgeable person takes the calls and immediately sends the message to me. Doing your best to respond as quickly, as accurately and as honestly as you can is what my clients and prospects deserve. And it has been my experience that most people are prepared to co-operate with you and you can usually work out a mutually convenient time.” Being accessible 24 hours a day doesn’t necessarily equal great customer service, just as providing outstanding service doesn’t require

you to work 24 hours a day. Think of the professionals who don’t have clients calling them at all hours who still provide top-notch service. Doctors, teachers, dentists and bankers all come to mind. It isn’t mandatory to be constantly on-call for clients in order to be successful at your job. But it’s tempting to always be available as the ramifications of not answering a call or email can be far-reaching. One sales rep shared a story of a client who dumped her because she didn’t answer her phone when the client called. The sales rep was having her hair blow-dried at a salon when the phone rang. And taking time off for holidays (gasp!) can lead to lost deals and clients if you don’t have a back-up plan in place. Marty Waite, broker and team leader of Re/Max Direct in Gatineau, Que., is available to his clients 24/7 from the moment he signs the contract with them. “It is not easy to do and deal with but I only want the best for my clients. I do not set boundaries with my clients. If I do receive a call and it is not the perfect timing, I will still take it or try to call back with the least delay.” Waite says: “I believe that in this business you do have to be

Letters to the Editor We have a big problem In Niagara Falls and I’m sure throughout Canada, Realtors are selling homes that have been used as grow-ops. The buyer is not aware because the Realtor is not telling him. Nor is the lender aware, since money for the mortgage would not be available if they were. For insured mortgages, CMHC and GE will not insure homes that were previously used for grow-ops even if they have been remediated. So, the only way to get financing is not to

tell the buyer or the bank. Problem solved. It’s one teeny little lie, except it is fraud. If found out, the Realtor could be charged. He or she could possibly not only lose their license, they risk being sued and who knows what else? I spoke to a Realtor from one of the largest franchises and he asked me, “What should I do?” I advised him to either cancel the listing or declare the home was previously a grow-op. I did not follow up as I am aware of many homes in the same circumstances that have been sold and sold again. I think the answer

available to clients 24 hours a day. I believe it’s part of our job. There are no Realtors working from 8 am to 4 pm. When you choose to be a Realtor, you necessarily expect to do long hours (and) receive calls at any time and you need to be ready for that or real estate is not for you. We need to be there at all times for them; they are the reason why we are in the business.” Let’s be honest – the general public has no clue what being a real estate agent entails. Most people think sales reps sit by the phone day and night waiting for their call. They can’t comprehend why you aren’t able to drop what you are doing and immediately meet with them or take them through properties they want to see. It wouldn’t dawn on the average Joe that you are heading to your child’s recital or taking your spouse out for date night. If you decide you don’t want to be accessible all the time, establish boundaries up front as to when you will and will not be available. This either annoys clients (people who have been “trained” to expect agents to be at their disposal) or clients respect sales reps for it. On your schedule, block out the time you want set aside for yourself and/or your family. Mark those is, if a home has been remediated, CMHC and GE should insure the mortgage lender. In Niagara Falls, the fire department checks the air quality and declares that the home passes their test. It’s time the government authorized CMHC and GE to insure these homes if they have been remediated and passed whatever requirements are necessary, thereby taking the risk off the bank. I have not seen anything written about this problem. Sooner or later, a buyer will discover he has purchased a home that has been used as a grow-op and he will sue everyone involved. Charles Wood Broker of Record Sunshine Realty Corp., Brokerage Niagara Falls, Ont. REM

occasions in your calendar just as you would any other appointment. The rest of your time is when you are available to your clients. If you aren’t on standby 24/7, it is vital you let clients know when you will and won’t be available so they don’t wonder why they haven’t heard from you and become dissatisfied. One sales rep resets his voice mail message every morning stating the best times to reach him and the times he will be answering messages. He does the same for his email auto-responder. He said these two steps – which take an average of three minutes a day – have been a big hit with clients who like knowing when he is accessible. Another sales rep suggests keeping your availability relatively the same from week to week, as that is easiest on the clients. While being in real estate typically isn’t a 9-5 job, some do find a way to make it work without slaving away on the weekends and weeknights.

Chris Avery joins Lone Wolf

John Angus

Marty Waite

Angus leaves us with a final thought: “Customer service is an attitude and not a casual, passing thing. It is a way of life and you build a good reputation as being available, honest, direct and prepared to go the extra mile to assist both your clients and prospective clients.” REM ing plans for more than one million residential addresses in the GTA through agreements with Teranet, which owns and operates Ontario’s Electronic Land Registration System, and Land Survey Records, an online digital warehouse of legal property surveys, cooperatively owned by a group of Ontario surveyors, including Krcmar Surveyors. Sasa Krcmar, principal and managing director of the company, says the site is “a remarkable advance over the archaic labyrinth of data that anyone searching for these records previously had to navigate. “An up-to-date survey plan is always a homeowner’s best resource; however, previous survey plans of a property can provide a great deal of valuable information about the true boundaries and history of development on the site,” Krcmar says. REM

What’s

Chris Avery has joined Lone Wolf Real Estate Technologies as VP of sales and marketing. Avery has 10 years of experience in sales and marketing in real estate technology. He was previously at Trulia, formerly known as Market Leader.

New

GTA property surveys available online Krcmar Surveyors Ltd. of Toronto recently launched ProtectYourBoundaries.ca (PYB), billed as “the first comprehensive online source of information, tools and services to help homeowners safeguard their property investment and avoid boundary mistakes and conflicts with neighbours.” PYB provides access to exist-


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10 REM NOVEMBER 2014

Ken Lamb’s leap of faith

The founder of Real Estate Professionals Inc. in Calgary took a chance by leaving the safety of a well-known brand and launching his own independent firm. By Toby Welch

K

en Lamb took a leap of faith – and it was a big success.

Lamb got into the real estate industry in the mid-1980s, when real estate franchising in Canada was still a fairly new idea, working for a Re/ Max brokerage. There he met his wife, Maria Corley. Both were prolific agents and top producers in their Calgary office; Corley was the top agent at the 100-person Re/Max Mountain View office every year during the last decade they spent there. But after 17 years, when the annual fees they were paying Re/Max began to approach high five figures, Lamb and Corley decided they wanted to put more of the money they made into their own pockets. They checked out other brands that charged a quarter or a third less, but were not inspired enough to make the lateral move to another franchise. Unsatisfied with what was available at that time, they came up with a business plan based on production. The thinking behind the business model was that costs are marginally higher with increased production but the impact is less due to higher earnings. That guideline in place, Lamb and Corley left the security of the brand name and established their independent brokerage, Real Estate Professionals Inc. Originally operating REP from an 800-square-foot office space in their home, Lamb and Corley jumped into real estate with a renewed commitment to one another and the real estate industry. From the get-go, a number of agents wanted to join REP and Lamb took them on. Within 18 months, REP had 30 associates. As REP closed in on its two-

year anniversary, Lamb began to recruit and during the next 18 months, the brokerage grew to 80 associates. When REP passed the 100-agent milestone, Lamb knew the company was at a precipice. They needed larger office space, so Lamb and Corley moved REP out of their home and into a south Calgary storefront location. Lamb says he knew he needed to either hire someone to run the brokerage (he was still selling at a high level and didn’t have the time and energy to focus on the business aspect of REP) or he had to take over the operations on a full-time basis. He opted for the latter. Since 2006 when he turned the sales side of business over to his daughters, Lamb hasn’t sold real estate and he spends his days running the brokerage and mentoring associates. July and August 2014 were two of Lamb’s best months to date. Each month included over 300 ends and the top 10 agents produced an average of $50,000 each, due partly to Calgary’s hot real estate market. REP is now the seventh largest brokerage in Alberta with more than 220 agents in two offices.

they had to offer to their clients was valuable, it became a nonissue. The first three months were rocky, Lamb says, but when the new brokerage hit its one-year mark, Lamb was certain REP would be a success. One of the most rewarding aspects of branching out on his own has been the opportunity to work with newcomers to the real estate profession. When Lamb speaks on this topic, it’s obvious that the entrepreneur takes pride and satisfaction in helping newbies become top producers in the industry. “You can’t create enthusiasm but you can channel it,” he says. Lamb says that of his top office producers in 2010, eight of them were brand new to the industry when they came to REP. As I spent time with Lamb, it became clear that a major aspect of his success is his attitude. While it may be a stretch to say he embraces adversity, he does find pleasure in coming up with solutions to challenges. “There are no problems in real estate and in life, only challenges,” he says.

When first making the transition from Re/Max to their own brokerage almost 13 years ago, Lamb admits there were challenges. One of his main concerns was that not having a franchised name would hurt their credibility but he quickly learned the opposite was true; the agents and clients who used their services were much more concerned with the individuals they were dealing with than the name of the company.

Asked what he would say to someone who is debating leaving a franchised company to start their own firm, Lamb says he would encourage them. “Make a list of the pros and cons and if you decide that you really want to do it, do it.” Lamb offers the following suggestions to those starting an independent brokerage: • “Don’t use your own name. There are exceptions such as Keller Williams, but try to find a name that is unique and build on it and your brand.”

you grow and want to expand to new areas.”

The greatest struggles initially were internal issues for Lamb and Corley, but once they convinced themselves that what

• “Avoid names such as Jack’s Realty or Canmore Real Estate Company as this isolates and restricts you in the event

• “Stick to what you know best and don’t try to be a onestop shopping spot. If you are selling real estate, be the best

Ken Lamb (Photo by Bryce Meyer)

• Spend time working on your logo and slogan. “By building your own unique brand from the start, you will not have to rebrand as you grow to meet the professionalism you are projecting.”

real estate company you can be. Do not sell insurance or travel, as this broadcasts that you are not a specialist in anything.” • “If you do not have a great cash flow at the start, get a line of credit or a small business loan to start a very professional looking company.” My favourite piece of Lamb’s advice sums up his journey: “Don’t resist change, embrace it.” REM



12 REM NOVEMBER 2014

T

here’s always a fear that a property you’ve listed for sale is going to be viewed at a lower value because of surrounding properties and their condition, or because of bad neighbours. When listing a house for sale, it is important to assess the neighbourhood. Note any potential negatives such as nearby entertainment venues, bars, railway lines and noisy neighbours along the block. Take a look at how the other homeowners keep their yards – is it in line with the look you would like to see in the property you are selling? “Generally we try and take the path of least resistance” with sellers’ neighbours, says Adam Bendig of Re/Max Connex Realty in Rockwood, Ont. “It’s nice to knock on the door and say hi, or if there is bad blood (with the seller), try to remedy it prior to selling the house. The past issues may be minor but people hold grudges longer than they need to.” Don’t forget to leave business

cards and make sure that everyone you meet has a way to get in contact with you if they have any problems. Talk with the seller and make a list of any difficulties they have ever had with neighbours, paying attention to what and how things are said. You want to clearly understand what the issues are and how serious or minor they may be. Assume nothing and always clarify. “Sometimes it can be a financial issue – if a property doesn’t look up to par it might just be that they’re not capable of taking care of their house and maybe they need help” cleaning up their yard, says Bendig. He suggests offering to help out with cleaning projects as a way to build better relationships between neighbour and seller. Privacy walls or fences, large plants or temporary decorative items can help make your property sale smoother by accenting the house rather than drawing the eye to other houses or their occupants. What if you are considered the bad neighbour? For instance, what if a neighbouring property feels

they are being harassed by open houses scheduled during the time they sit down to dinner? “A gift card can go a long ways toward smoothing things over. We’ve done that with clients as well as neighbours when small issues have arisen,” says Bendig. Neighbours can be quiet yet deadly – passive aggressive or prone to blow a fuse for unpredictable reasons. While they are in the minority, head it off at the pass with open communication. “When you leave notes you just don’t get the same response,” he says. “Show them the courtesy of discussing what’s going on and how you’d like to see things. Explain that you are trying to sell the house,” says Bendig. If you feel tensions are escalating during a conversation with the seller’s neighbour, back off and come again another time. If you think a neighbour is not going to respond well to the seller talking to them, be prepared to step in as a sort of mediator. It takes the personal aspect down a notch

®

By Yvonne Dick

because it is now a professional talking to them and not the neighbour that they don’t get along with. Bendig says one of the tools in the sales rep’s kit is being able to show neighbours how what they are doing affects property value. It can benefit the neighbour if they realize others may see their own home as more valuable.

“A lot of people have in their head the worst-case scenario. Nine times out of 10 just talking with people, they are more than willing to work with you.” Bendig says your last resort is getting local bylaw enforcement officials involved, but if you go that route, “you might stir the pot a little more than you want.” REM

Photo: Robbin Cunningham

Good advice for bad neighbours


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14 REM NOVEMBER 2014

Believe in yourself and real estate By Cliff Baird

Y

oung Arthur was not the first to try to pull Excalibur from the rock. The legend tells us that many others had attempted to use their vast array of skills and powers in their lust for the bounty. The reward was certainly great. The one who could dislodge the sword from the rock was going to get the kingdom. The most powerful people in the land all took their turn. The muscle-bound titans tried to use brute force. The alchemists used their knowledge of metallurgy and geology. Then there were those who waited for an appropriate alignment of the stars. Some would even think this was their lucky day. But they all failed. Countless scores of them left the

scene miserably discouraged because everything they had assumed would work was rendered utterly ineffective. But one day after spending considerable time with his mentor, young Arthur was finally encouraged to make his way to the rock. It was probably a damp, foggy morning. Arthur gazed from a distance as the others continued to line up one by one, brimming with arrogant confidence that they knew how to unlock the prize. He watched as they all ultimately shuffled away … some in anger, some in despair but all in failure. After a brief moment of inner contemplation, revisiting the beliefs that had been his source of strength, he approached the rock. As he stood about 40 feet away he steadfastly fixed his gaze and his heart on the Excalibur sword. He was aware of all the ramifications and welcomed them. Even though every other attempt had produced nothing but failure he never doubted for a single moment. He simply glanced back

at his mentor one last time and then took the step. Arthur had now been empowered not merely with cerebral knowledge laden down with facts, but with a life force sufficient to overwhelm any circumstance. He had evolved. Arthur had gained what everyone else lacked. He had faith. He simply knew that he could accomplish the task. The very moment that Arthur took his first step, overflowing with inner peace and assurance, the rock immediately released its grip. Although the rock had aggressively imprisoned the prize for a long time, how wonderful is it to know that there is no power that can withstand a simple, unadulterated act of absolute faith. Arthur placed his small hand on the great sword and he pulled it out as though it had been resting in putty. His quest was not driven by thoughts of the “kingdom”. He had loftier goals. He was recognizing his amazing opportunity and accepting his responsibility to embrace it.

If we need to explain this metaphor you are most likely struggling. If you are dismissing this legend as completely irrelevant for you in today’s world, you are already determining your future as grossly mediocre. However, if this has sparked the fire within and you are again aroused to realize the sheer simplicity of personal faith, you will thrive in the midst of chaos. It’s a law and no amount of doubters, failures or headlines can change it. You can arm yourself with all the gadgets. You can have a plethora of websites. You can attend every seminar, listen to every conference call and enjoy every webinar. Neither cerebral brute force nor an armament of world-class marketing battle weapons will get you to the land of your dreams. You can get certified, clarified and glorified but no special alignment of your stars will get you to where you want to be. In the end it is profoundly simple really. Do you believe in yourself or have you surrendered your

personal power to all the negative forces that are plundering your potential for success? Not until you take back control of your life will any business tools have the capacity to create the tranquility of success. They will have no power if they remain external to you. But the moment you internalize them and embrace them as part of your faith system, you will rise above any circumstance. The future already exists in your present. You cannot think your way to better behaviour but you can behave your way into better thinking. Cliff Baird, MBA, PhD is a clinical psychologist and a former professor at Wilfrid Laurier. He has spent more than 35 years in real estate. He created a 32-office franchise, developed several online recruiting profiles, was the keynote speaker for every major real estate franchise in the USA and Canada and was a featured keynote speaker for 12 years in a row at the NAR convention. www.cliffbaird.com REM


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out a doubt, this system took me to a higher level. I’m so thankful to Craig Proctor and his system. What I would say to anyone reading this is just do it. Do it sooner ‌ do it now. I waited a lot of years to take the step, and it’s made a huge difference. I know it’s a little scary to start something new, and I know a lot of us don’t have as much money as we’d like, but it is the step that’s going to pay off and your commitment to yourself and the program is going to pay off big time to you. Just do it. Thanks Craig and all the people in his organization for helping me move from a struggling and sometimes bitter agent to having fun, making more sales and having a profit. I have the Quantum Leap System up and running and I’m getting hundreds of new leads per month. In the last year I have gone on vacations to Europe, New York, and Hawaii. It is awesome to come back and have deals closed. It has allowed me to have the life I want and be proactive and work

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world and was in the top 10 for RE/MAX International for 15 years.) You may have seen my information in this publication before and wondered if it was for real. Well, George’s experience is NOT unique. It’s indicative of what happens when you send for my free Book & CD and follow my system. If you’d like to hear agents like yourself who are successfully using my system, you can call my toll free eavesdrop line at 1-800-700-0958. everything you want to know about my Quantum Leap Real Estate Success System in detail and it won’t cost you a penny.

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16 REM NOVEMBER 2014

REM reviews the iPhone 6 By William Molls

H

ere at REM, it’s difficult to ignore the trend of mobile devices replacing desktop computers for ordinary, everyday tasks. Up to half our audience now visits our website and reads our email newsletter from a smartphone or tablet device. So it should come as no surprise that even Apple is getting in on the trend of making “phablets”. After all, if you’re using your mobile device for more things that you used to do on a computer, it helps to have a bigger screen. Is the iPhone 6 a must have for real estate agents? Will the iPhone 6 make you more productive? Undeniably, the most noticeable new feature is its size. When it comes to showing off a listing, or writing and sending emails to clients, a bigger screen is definitely better and the iPhone 6 – as well as its even larger variant, the iPhone 6 Plus – delivers. With a screen size of 4.7 inches – 5.5 inches on the Plus – the iPhone 6 boasts a display resolution of 1334

by 750 pixels. The iPhone 6 Plus, meanwhile, has full 1080 HD resolution, a vast improvement over the iPhone 5’s four-inch, 1136 by 640 pixel display. All of this is to say images, text and video are more clear and precise than on previous models, which makes a difference when, for example, showing off photos of a new listing to clients, or reading the fine print

on a contract. The iPhone 6’s eight megapixel iSight camera is better than ever, offering automatic HDR, optical image stabilization and an improved panorama mode. While on the front-facing side of the device, a 1.2 megapixel camera offers improved face detection and a back-side illumination sensor that can sense how bright or dark your surroundings are and adjust the aperture as necessary. And as for recording video, the improved iSight camera offers full 1080p HD video capture, now including the ability to record in slow motion (up to 240 frames-per-second). Imagine being able to give a live virtual tour of a listing in HD video, then flipping to the frontfacing camera to have a one-onone video call with the client over FaceTime. You can do all of these things more seamlessly than ever with Apple’s newest phone. Bigger also means more powerful. The iPhone 6 boasts an A8 chip and quad-core mobile proces-

sor, so running large, data-heavy applications can happen more smoothly than ever. Early tests by cnet.com indicate that battery life is on par with the previous iPhone 5 model, meaning that under average conditions, the battery should hold a charge throughout the day, though two days or more without a charge may be pushing it. But what’s really exciting is what’s on the horizon for Apple’s signature product. ApplePay, a wireless payment system that uses Touch ID fingerprint verification and near field communication (NFC), will soon allow you to quickly and securely pay for everyday purchases without ever reaching for your wallet. The Apple Watch, Apple’s foray into the “smart watch” product line, can be linked with your phone and allow you to do basic tasks like answering calls and responding to texts without needing to reach into your pocket for the phone itself. What should be the most exciting new feature for real estate professionals, though, is Handoff, which will allow you to start tasks on one device and finish them on another. For example, you could start a text document on your iPhone, pick up an iPad and edit it

there, and then proofread and email it away on a Mac or MacBook, transitioning between devices seamlessly. Being able to switch back and forth between devices while working on, for example, a contract or disclosure agreement, promises to greatly increase the efficiency of a typical agents’ workflow. Still, all of these exciting new possibilities are just that – possibilities. It remains to be seen how practical these new features will end up being in the real world. So while it may not excel in any one category over offerings from Samsung and others, it’s certainly the most impressive allaround mobile phone on the market. If you’re up for a new contract with your wireless provider, it should be the first device you consider buying. But it’s not quite a “must-have” for real estate agents. Not yet, at least. William Molls has been REM’s digital media manager since 2009. He has also worked freelance in media production for Bell Media, CityTV, and Rogers Communications, and is a graduate of Ryerson University’s RTA School of Media. web@remonline.com REM

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18 REM NOVEMBER 2014

Listing luxury properties Patience, perseverance required

By Dennis McCloskey

sell is high,” says Poczynek, who moved to P.E.I. from Burlington, Ont. in 1997. “But in P.E.I. you might have a luxury home next to a $100,000 home.” And that, he says, is where the risk/reward factor comes into play. “If you’re selling a house in Cape Cod or Nantucket – or even Toronto or Oakville – you’re almost sure it’s going to sell so you have no problem spending a massive amount of money marketing that product. It’s not a big deal there; but here it is.”

The oceanfront property in Cable Head East is currently listed for $3.95 million.

M

ichael Poczynek believes that patience is a virtue. When he secured the listing for one of the most expensive summer homes in Eastern Canada several years ago, he knew it would take extraordinary measures to sell this spectacular architectural gem in Canada’s smallest province. Poczynek also believes in the proverb that “good things come to him who waits” but the sales rep with Century 21 Northumberland Realty in Summerside, P.E.I., has not been sitting around waiting for a buyer to magically appear. Five years ago, a nationally renowned American architect built the $6.9-million, 13,360-sq.ft. Cape Cod summer home on 11 acres of oceanfront property in Cable Head East near the eastern tip of the island. A few years later, when the owner put the home up for sale because of family health reasons, he contacted Sotheby’s International Realty. As the sole Sotheby’s representative in P.E.I. at the time, Poczynek was contacted by the firm and was given the listing in 2013. As of August 2014, the asking price had

been reduced to $3.95 million. You would think such a price drop would be seen as a steal by some international financial magnate looking for a recreational property, but

“He that can have patience can have what he will.” - Benjamin Franklin Poczynek faces many challenges in attracting a buyer for this ultra-luxurious house. “The biggest challenge has to do with the U.S. market crash and 99 per cent of potential buyers of a property such as this come from the U.S., mostly the New England states, New York and Florida,” he says. “We are seen as the Cape Cod or Long Island of the north. So, the saleability is dependent on those American buyers and the market

is at the bottom right now.” Always the optimist, Poczynek adds that an American broker recently said that’s a good thing because the time to buy (a stock) is when prices are low. Poczynek, who is a selfdescribed “technology addict” and uses an airborne drone to videotape some of his properties to show prospective buyers, says another drawback he faces – besides a lack of consumer confidence – is the size of the province. “A property like this in P.E.I. is seen as a hidden gem or diamond but the province is so small the government doesn’t have a big marketing budget, nationally or internationally.” He suggests that the larger province of next-door Nova Scotia has a big budget for advertising, so Americans who are looking for east coast Canadian property tend to buy there. Geography, on a national and local scale, comes into play in a big way when offering a luxury product. “If this was in Malibu or Beverly Hills where every other home is worth a million dollars or more, the potential to

Because the large and spectacular north shore summer home is such a difficult sell in such a small province, Poczynek has pulled out all the stops, including the creative suggestion that it could be turned into a luxury B&B or a corporate retreat for company executives or employees. He has a highprofile online presence with professionally taken creative photos and videos, including a video exclusively for the China market. “Two of our brokers were in China for a total of 90 days and the home was shown to clients who have purchased a hotel and other properties from us in P.E.I.,” he says. He lists a plethora of other ways he is marketing the house, including advertising in the strong markets of Boston and Long Island; emails to his contact list of 22,000; using Century 21’s world property sites and other industry resources such as CREA’s Data Distribution Facility (DDF). When asked about the massive amount of media coverage, both locally and nationally, that he has garnered in print, radio and TV, Poczynek laughs and says he is a “media whore.” He is proud of the self-described moniker “because I can’t buy the kind of coverage I’ve received on CBC, CTV, Charlottetown Guardian, YouTube and even a story in the

Michael Poczynek

Huffington Post.” Poczynek, who also sells residential and commercial properties, got into the recreational and waterfront property listings when he sold a house (that another agent had given up on) through an ad in the New York Times. He denies that he gets discouraged by the seeming lack of serious buyers of this particular property, saying he enjoys the challenge. “As a businessperson, I could look at the numbers and say it’s time to cut my losses, but as an eternal optimist, I am stupidly motivated to sell P.E.I.’s most phenomenal waterfront property. Also, I am a patient man.” He keeps the vendor apprised of his marketing efforts and he explains absorption rates to the client (how long it could take to sell such a property in that location) and supplies other forms of data as often as necessary or requested. Asked if he has advice for other agents who are listing – or would like to list – luxury properties, Poczynek says with the right marketing mix and the use of creativity and technology, a good real estate agent can connect a luxury listing with qualified and interested buyers. He also recommends a book by Jack Cotton, titled Selling Luxury Homes. Poczynek says it is far and away the best book for selling all kinds of real estate, not just luxury properties. REM


Extend your reach. Expand your resources. Be part of our truly connected worldwide network. The local market leadership of our agents and the global recognition of our brand come together to provide the highest level of international real estate service in markets around the world. Each of our 4,700+ agents operating in 38 countries throughout Europe, Africa, Asia, South America and North America, are truly connected by our propriety global technology and a culture that is united by our three core values – competence, exclusivity and passion. Be part of this extraordinary network and enhance the services you provide to your clients. Engel & Völkers Canada 2 Bloor Street West · Suite 700 · Toronto · Ontario M4W 3R1 · Canada · Phone +1-416-323-1100 info@evcanada.com · evfranchise.com

©2014 Engel & Völkers. All rights reserved. This advertisement is not an offering of a franchise, and where required by law, an offering can only be made 14 days after delivery of the applicable franchise disclosure document.


Reaching new heights

IS WHAT WE DO The 2014 Royal LePage National Sales Conference was an incredible success! Royal LePagers, from coast-to-coast came together to network, learn, be inspired, and have fun.

Wow... what an awesome week! Had a blast. - Gia Lucchetta, Royal LePage Royal City Realty, Brokerage*

What a great week! Thanks fellow Royal LePagers for such good memories, sharing of ideas and inspiration. An amazing event. - Jennifer Trentadue, Royal LePage Wolstencroft Realty* Don’t miss out on the fun and referrals. We hope to see you at our next National Sales Conference in Halifax.

#rlpnsc royallepage.ca/joinus This is not intended as an offer to sell or a solicitation of an offer to buy, including a solicitation of any sales representatives or broker that is currently under contract. Any copying, reproduction, distribution or other use of these materials is prohibited. All offices are independently owned and operated, except those marked as “Royal LePage Real Estate Services Ltd.” and “Royal LePage West Real Estate Services.” ©2014 Brookfield Real Estate Services Manager Limited. All rights reserved.


Reaching new heights

IS WHAT WE DO The 2014 Royal LePage National Sales Conference was an incredible success! Royal LePagers, from coast-to-coast came together to network, learn, be inspired, and have fun.

Wow... what an awesome week! Had a blast. - Gia Lucchetta, Royal LePage Royal City Realty, Brokerage*

What a great week! Thanks fellow Royal LePagers for such good memories, sharing of ideas and inspiration. An amazing event. - Jennifer Trentadue, Royal LePage Wolstencroft Realty* Don’t miss out on the fun and referrals. We hope to see you at our next National Sales Conference in Halifax.

#rlpnsc royallepage.ca/joinus This is not intended as an offer to sell or a solicitation of an offer to buy, including a solicitation of any sales representatives or broker that is currently under contract. Any copying, reproduction, distribution or other use of these materials is prohibited. All offices are independently owned and operated, except those marked as “Royal LePage Real Estate Services Ltd.” and “Royal LePage West Real Estate Services.” ©2014 Brookfield Real Estate Services Manager Limited. All rights reserved.


22 REM NOVEMBER 2014

An exit plan for your business The golf course beckons. Steps you take now toward succession planning will pay dividends later.

By George Heos

A

fter working 30 or 40 years to build your brokerage, you’ll want to leverage the equity you have created to sell it at the right price and to the people you want. As you begin to think about spending more time on the golf course or whatever your choice of leisure, questions will arise. How do you prepare your business for sale? How much is your business worth? Who are your prospective buyers? Who are the buyers that will make the transition to new ownership as smooth as possible? As someone who has put a lifetime into building your brokerage, you’ll want to consider your options carefully. For business owners who already have an exit plan, answers to the questions

STOP SELLING HOUSES & START MAKING MONEY

By Debbie Hanlon ave you ever been absolutely right? I mean that 100-per-cent positive, bet the house, certain you were right about something that other people were unsure of. Whatever it was, you knew it and everybody knew you knew it. You had that confidence about you. That comfort level that only comes from the power of possessing that knowledge at that time. The term people use for those moments is “a position of power”.

H

above should come readily. For those who don’t have a plan in place, several key points should help you to establish an exit plan and to maximize your selling price: 1. Present a clear picture of your company’s financials. Preparing for a sale is different from your year-end financials prepared for taxation purposes. In selling, you need to prepare an accurate reflection of the business. This involves taking out costs, and in some cases, adding them in. For example, the seller may not have previously included his salary in the company’s financials. Conversely, some expenses will come out, such as vehicles or business trips. The purchaser will look for two to four years of history on the business to understand where it is within its lifecycle. Is the business growing? Has it plateaued or is it declining? All this will affect the price. 2. How much is your business worth? As a rule of thumb, a

mature business is worth three to four times its cash flow. For example, if a business makes $100,000 per year, it is worth $300,000 to $400,000. Keep in mind that values can vary greatly, particularly if there is a competitor interested in purchasing. A business is always worth more to a competitor when economies of scale can be leveraged and when a nearby competitor wants to grow. Instead of having two offices at which to pay rent, utilities, furnish and administer, the business can be consolidated by a competitor under one roof. 3. Who are the prospective buyers? The operating models of various brokerages can be starkly different. When you think of prospective buyers, you want to look for a fit in order to maximize the value to the buyer. Conversely, in some cases, you may want to consider whether your business model can be transformed to be more synonymous to the buyers’ culture and operating model.

4. Decide what your role will be in the transition. If you are planning to sell your business and simply hand over the keys, that will have some impact on your selling price. Your agents play a huge part in the value of your brokerage, so retention of your agents is important to the value. While agents believe in the power of the brand and the benefit of tools and services in terms of helping them to build their business, your involvement will also play a critical role. As an owner, how long you decide to stay with the business, working with the new owner to ensure a successful transition, will have a positive impact on agent retention and the value of your business. In many cases, owners plan to stay with the new ownership for one to two years. 5. Where do you find advice and assistance to get the deal done? There are a lot of owners who have built and run very successful businesses, but they may

never have acquired another company or have sold a business. Companies like the one I work for, Royal LePage, help brokerages within our network who want to grow, and are capable of growing, to do so. We support these companies from both a financial and operational perspective to make growth an option. While each situation for a change of ownership is unique, there are considerations and a process to get everyone where they want to go. Seeking out the right advice and negotiation expertise, from those with a track record for growth, is a smart first step in exiting your business. George Heos is senior vice-president, network development at Royal LePage, where he has contributed to make Royal LePage Canada’s fastest growing real estate brand since joining the company in 2011. georgeheos@royallepage.ca 416REM 510-5827

Put yourself in a position of power Knowledge, as we all know, is power, so if you have it you are in a position of power. It’s that simple. I remember clearly the first time I experienced it in my real estate career. I was still a relatively new and inexperienced agent and my self-confidence wasn’t that great. After all, who was I to think I knew more than agents who had been in the business for so much longer? How dare I question them? Even when I thought something they said was wrong, I would never have the nerve to correct them. That went on for months until one evening I was at a get-together at a friend’s house. It was her birthday and quite a few people were there helping her celebrate. Some of them I knew and others I’d never met before. At one point in the evening I was introduced to a young couple as a real estate agent. There’s someone you can talk to, the person doing the introducing said and left me with

the two of them. They were recently married, expecting their first child and in the preliminary stages of looking to buy a house. They didn’t have an agent, which was the first question I asked them out of professional courtesy. After some small talk they let loose with questions they had no doubt been thinking and talking about for a while. Luckily for me I had done my homework as well. Between the home buyers talks and press releases I was sending out to the media regularly about the state of the local real estate market, I was quite comfortable fielding their questions. At one point, I remember thinking to myself, wow, I know a lot about real estate. I was certain and confident in my answers – and looking cool while I did I might add. By reading everything I could find on real estate, checking my local MLS listings daily, visiting

agent open houses, doing walkabouts of the new listings in my farm area and searching for information for my press releases, I had accumulated a lot of knowledge. A lot of power. Soon, other people joined our conversation with their own questions and comments. I was able to hold their attention because I knew what I was talking about. There was no bluffing involved, no deflecting questions or stammering for answers. Everything just rolled off my tongue. Standing there in my position of power was an amazing feeling and one I’ve strived to maintain ever since. Keep in mind that this was long before the Internet and Google. I couldn’t find answers and information on a smartphone while I ate lunch. Today it is so much easier for any agent to be in their position of power. In fact, there’s really no excuse not to know your business. All it takes is

dedicating as little as 10 minutes a day to doing research. That young couple have been my clients ever since that evening we met and they’re on their third house now. Plus they were more than happy to recommend me to their friends and family. So I’m going to challenge you to a 10/10 task. Spend 10 minutes a day for the next 10 days studying your local real estate market. You will feel your confidence growing and at the end you won’t stop. You’ll be enjoying your new-found position of power too much. Debbie Hanlon is a real estate broker who has helped train hundreds of sales reps and brokered and managed a national real estate franchise. She also founded an independent real estate firm. Currently she coaches sales reps all over the world. She is the CEO of All Knight Inc. https://www.facebook.com/missdebbieandfriends REM



24 REM NOVEMBER 2014

LEGAL ISSUES

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he plaintiff allowed its tenants to park in a lot. However, access to that lot from the street was over a right-ofway on property owned by the defendant. During an eight-year period, the right-of-way was disturbed when the defendant constructed a hotel. When the right-of-way was restored, it was narrower, had less height and was obviously more restrictive. The plaintiff sued for damages and succeeded at trial. The plaintiff was awarded $441,400. These damages represented the hotel interfering “permanently” with the right-of-way that had originally been granted. (Fountas v. Melo, 2014 ONSC 2463)

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Don’t block my way this tenant so that no other tenant would be authorized to sell, exchange and purchase new and used videogames in the centre. The owner subsequently advised that it was going to lease space allegedly “near the shopping centre to a major video store chain.” Of course, the tenant sued for an injunction and declaratory judgment based on the exclusivity clause. The Court of Appeal upheld the trial judge that the proposed lease to the video store chain violated the exclusivity clause in the lease granted to the plaintiff. It also was found that the owner attempted to deceive the tenant by claiming that the other business “would not be operated inside the shopping centre.” ■ ■ ■

Mediation: Often the parties to a disagreement will enter into mediation. The Mediation Agreement contains a confidentiality clause and the mediator will advise that what occurs during mediation is privileged. However, if the two sides can reach an agreement (settlement) the best mediators always require a signed written Settlement Agreement. In this case, which went all the way to the Supreme Court of Canada, the plaintiff brought a motion for approval of a settlement. The defence moved to strike out allegations referred to in the mediation process.

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When the right-of-way was restored, it was narrower, had less height and was obviously more restrictive. The plaintiff sued for damages and succeeded at trial.

The courts reiterated that communications leading to settlement “ceased to be privileged” if disclosure is necessary to prove the existence or scope of the settlement. As in any other situation, matters set in writing record the settlement. Obviously mediation was to avoid the expense of having to lead evidence and a determination by a judge. If not carried out in the mediation settlement, that advantage can be lost. (Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35) ■ ■ ■

Your intent must be clearly expressed: Parties who live next door to each other signed an Easement Agreement creating an easement on the defendant owner’s property for the benefit of the plaintiff. Both parties also signed a Severance Agreement where the plaintiff agreed to sever another lot and “if successful” to transfer the parcel to the defendant owner. At the request of the plaintiff the owner refused to proceed with the easement “until a severance was granted.” The plaintiff then sought a declaration that the Easement Agreement was binding and should be registered on title. The defendant sought specific performance for the severance of the lot and the transfer of the parcel. The judge decided on a Summary Judgment to grant relief to the plaintiff. The Easement Agreement and the Severance Agreement were both binding and enforceable and the plaintiff was entitled to the easement notwithstanding that the application for the severance of the other lot had not been completed. The plaintiff, however, had taken all reasonable steps to attempt the lot severance. This decision was upheld by the Court of Appeal as the agreements were not conditional, the one on the other. (Nordlund v. Plominski, 2013 ONSC 283) Donald Lapowich, Q.C. is a partner at the law firm of Koskie, Minsky in Toronto, where he practices civil litigation, with a particular emphasis on real estate litigation and mediation, acting for builders, real estate agents and lawyers. REM


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26 REM NOVEMBER 2014

By Dan St. Yves

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ventually, screenwriters find a way to work every subject into a movie. Go ahead, think about it – love, war, Spring Break, zombies…Heck, even warring zombies in love on Spring Break. There’s probably been a movie made about it! Real estate or real estate agents don’t often find their way into the flickering pictures, but on occasion, they just might play some small part in a movie. Here are a few popular films that have featured either real estate or real estate agents: Comedy: The Money Pit, a 1986 comedy starring Tom Hanks and Shelley Long. Despite what you might think, this is not a documentary about how much Brad Pitt is worth. Like a few listings you may have tried to market over the years, or a home you may have owned, this disaster comedy exaggerates what can go wrong after purchasing a fixer-upper. Let’s just hope there was full disclosure and the buyers walked into this knowing what they were getting into. The fact that the seller’s name was Con Artist suggests perhaps not. Neighbors, a 1981 movie with the dynamic former Saturday Night Live duo, John Belushi and Canadian Dan Akroyd. There’s that old saying that you can choose your friends, but you can’t choose your family. Sometimes, you take your chances when you buy a new home and inherit existing neighbours you might not gel with. Frankly, it’s just too bad that so many building codes in this day and age prohibit moats and 30foot-tall perimeter stone walls. Horror: House – Not the popular TV series about medicine and one particularly cantankerous doctor, this 1986 horror film starring William Katt features a gateway to another dimension. In a note of interest to builders, this is not a prudent feature to install in a bathroom medicine cabinet with respect to future

Real estate in the movies resale values. This movie does feature zombies, although I don’t recall if it was set during Spring Break. Or if they were in love. If you’re a big fan of horror movies blended with supernatural happenings in homes, you may also want to check out Poltergeist (1982), a home built on ancient burial ground, with spirits awakened by TV signals, then wreaking ghostly hijacks worse than opening and seeing your monthly cable bill. Drama: The War of the Roses from 1989, starring Michael Douglas and Kathleen Turner as a high-powered couple who refuses to vacate their home during a divorce. Short of literally splitting the residence in two, this movie is a great example of the delicate nature of dealing with the parties during the sale of a property whilst divorcing. If your stomach is weak however, and you’d prefer something less stressful than dealing with two temperflared, immovable objects, consider instead performing a root canal with a paperclip on a non-sedated saltwater crocodile. Glengarry Glen Ross (1992) with Al Pacino, Jack Lemmon, Alec Baldwin and Kevin Spacey. If you’ve ever worked in timeshare sales, multi-level marketing or any other sort of boiler-room sales environment, you will cherish the reality of the characters in this terrific film. You wouldn’t want to be on the other side of the table, especially when they bring in “Jimmy The Closer” to clinch the sale, but you’ll still enjoy the characters. These are just a few movies that have had a degree of success, while featuring facets of the business of real estate. What are your own favourites? 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


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28 REM NOVEMBER 2014

AS I SEE IT FROM MY DESK

By Stan Albert

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ave you ever had a dream? Maybe about that cottage up north, maybe that cruise around the world, or a Mount Everest climb or a vintage car? I had a dream – or was it a nightmare? It was a Victoria Day weekend and an old friend phoned to ask me to come over to his place. He said he had a surprise for me and that it was something I always wanted. Inside his large garage was a 1973 Mercedes Benz 230 SL convertible in not-too-bad condition. What a beautiful little car. The interior had a custom Benz woodgrain interior, complete with a matching wood steering wheel and a Blaupunkt radio (no FM in those days). The mileage was only 115,000 miles. But hold on! The best part was the car was to be a gift as a token of my friend’s appreciation and friendship. I asked my mechanic friend what he thought about restoring

Knowing when to let go the car before I took ownership of it. Since he had never restored a car of collector vintage, my wife had some concerns about his ability to do so, but I pooh-poohed her and won the argument. The car arrived at my mechanic’s lot a couple of days later. I had an appraiser come to examine the car. To my astonishment, he kicked the under-panels on the body of the car and chunks of rusted metal fell to the ground. The appraiser told us the car was worth only about $1,500 as is and could be sold only for parts. He offered to buy it for $1,500. After a brief discussion with my mechanic, he convinced me that he could do the work himself to my complete satisfaction. I had seen a number of older cars being restored at his garage and was confident he could do the job at a nominal cost. He wanted to be involved in the project. That was in 2008. As the spring rolled into summer and then fall, bills for essential car parts such as headlights, tail lights and a new battery were mounting. I had no idea how much all of this would cost. On Thanksgiving Day, my wife and I received another call from my old friend, asking us to come to a barbecue at his home because he had another surprise for us. He had begun cleaning out his garage and

found a steel roof that went with the car. I took it to my mechanic to complete my dream vintage car. I had found in my research that there was a vintage Benz auto club, which I joined at a nominal cost, expecting that I would soon be able to take part in their regular car rallies. As winter 2009 approached, I asked my wife if I should put the brakes on the spending or if we should continue with the restoration project. After some brief discussion we decided we were in for a penny, in for a pound (as the saying goes). Since this was my dream, my wife encouraged me to continue, so on we went. I saw my car parked outside of the mechanic’s garage a number of times and was concerned that the convertible roof was on instead of the metal roof. He kept assuring me that it was only temporary and it would be safe from the elements. This proved to be untrue. As the winter of 2009 morphed into spring, the mechanic had only a small amount of spare time to work on the car, since his garage is very popular in the neighbourhood. It was as though both he and I had some sort of addiction to this never-ending project. Finally, in mid-summer, my wife and I got the chance to take the car for a spin. It was to be one of our few driving experiences in

the car that summer. As 2009 rolled into 2010 and then on to 2011, 2012, 2103 and 2014, we replaced and/or repaired some major components such as the floor panel, carpeting and the canvas top. We installed new seating and a re-built transmission – which was the straw that broke the camel’s back (and my bankbook). With much regret I decided to sell the car through one of the auto magazines, but I didn’t get any interest. I received a call from a friend of my son in Eastern Ontario, who offered a fraction of what I was hoping to get for the car. We all know that something is worth only what someone is willing to pay for it. Finally, I was satisfied to let go of this particular dream.

What does this have to do with real estate, you may well ask. Well, I think one of the most important things in life is to have a dream. But to make that dream a reality, make sure you do your research. Make sure you have the financial wherewithal to bring that dream to fruition. Acknowledge that making a dream come true requires total commitment. And make sure you can recognize when it’s time to let that dream go and move toward having another plan. Stan Albert, broker/manager, ABR, ASA at Re/Max Crossroads’ iRealty office in Toronto can be reached for consultation at stanalb@rogers.com. Stan is now celebrating his 44th year as an active real estate professional. REM

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A

lthough Toronto is the only municipality in Ontario that currently has its own Land Transfer Tax, the Ontario Real Estate Association (OREA) is proactively lobbying to ensure the hated tax doesn’t come to other cash-strapped cities. “Municipalities across Ontario are looking to the province for new revenue tools or taxes,” says Costa Poulopoulos, London-based real estate broker and president of OREA. “One of the tools being considered is a second (municipal) land transfer tax on home buyers, similar to the tax imposed by the City of Toronto. This tax carries a huge cost.”

A report conducted by Altus Group Economic Consulting says the economic impacts of a MLTT on London, Mississauga, Hamilton, Ottawa and Thunder Bay totals more than $1 billion and a loss of more than 10,000 jobs. OREA’s campaign against the MLTT launched on Sept. 15 and will run through to municipal election day on Oct. 27, highlighting the negative economic impacts of a MLTT on local communities. The campaign includes billboard and bus shelter advertising, brochures, public relations, election events and a microsite at www.donttaxmydream.ca.

The Brandon Real Estate Board has found a new home and with it came a name change. The 200+ member board changed its name to Brandon Area Realtors to reflect its entire membership, not just the board of directors. President Cam Toews says about one-third of its members are in rural areas as far away as 856 km in Thompson, Man. and the name is meant to encompass those members too. The rebranding “also included a new mission, vision (and) value statement, to try to bring it up to date,” Toews said. After moving out of its old downtown location, the organization was renting an office for nearly two years. Now the 47-year-old association has moved back downtown. “We felt it necessary as an organization that promotes ownership that we should own our building,” Toews said. “It was prudent for us to put our money into a building.”

The association’s recent Shelter Invitational Golf Tournament raised more than $8,000 for charities in the Brandon area. Through the Manitoba Shelter Foundation, the funds will be used for shelter-related charities. Two applications from local charities have been received by the foundation so far. The Royal LePage team of Doug Temple, Ron Cornell, Russ Vanbuskirk and Glen Tosh had the low score for the tournament. Vanbuskirk, who won the 50/50 draw, donated a portion of it back to the Manitoba Shelter Foundation. ■ ■ ■

Gareth R. Jones has joined The Real Estate Institute of Canada (REIC) as vice-president, corporate development at the REIC national office. He will be responsible for expanding the delivery of REIC programs through industry partnerships with real estate boards, sector related associations and corporations across Canada.

Brandon Area Realtors have a new name, logo, office and mission statement.

The Lethbridge District Association of Realtors’ (LDAR) recently donated funds from its Charity Golf Tournament to the YMCA Strong Kids program. The tournament raised $27,000, which will help provide financial assistance to youth in Lethbridge so that they can participate in YMCA recreation and leisure programs. From left: Cathy Maxwell, LDAR CEO; David Agema, LDAR president; Jennifer Petracek-Kolb, CEO of the YMCA; and Heleen Jacobsen, committee chair.

He will also serve as a staff faculty member. Jones is a real estate broker with more than 28 years of experience in residential and commercial real estate with prominent national real estate companies, says REIC. He also has experience in residential and commercial financing while working in the banking industry. “Advancing ethics and professionalism also advances the image and status of real estate industry professionals,” says Jones. ■ ■ ■

The Realtors Association of Grey Bruce Owen Sound (RAGBOS) donated $21,200 to Habitat for Humanity Grey Bruce recently. The association raised $20,100 at its annual charity golf tournament and a further $1,100 with funds from the Ontario Realtors Care Foundation (ORCF). Local Realtors in co-operation with ORCF have donated more than $151,000 to Habitat builds since 2000. Doug Temple, Ron Cornell, Russ Vanbuskirk and Glen Tosh had the low score at the Brandon Area Realtors’ Shelter Invitational Golf Tournament.

Ladette Fuchs of the Albert Park Community Association receives the cheque from ARR president Basil Pappas. Gareth R. Jones

From left: Michael McIntee, RAGBOS president; Brad Angel, golf committee chair; and Greg Fryer, HFHGB executive director.

ARR president Basil Pappas presents the cheque to Sandy Wankel, executive director of the North Central Family Centre.

LSTAR members and their families planted 60 trees and shrubs in Springbank Flats recently.


REM NOVEMBER 2014 31

RAGBOS members Brad Angel, Judy Howard, Gary McGillivray and Jason Steele participated in Realtors Day at the HFHGB 2 Homes for 2 Families Build in Port Elgin, at which roof trusses were put in place. ■ ■ ■

A new study published by the Quebec Federation of Real Estate Boards (QFREB) says single-family homes that contained an intergenerational dwelling – where aging parents live in a separate suite in a single-family home with their children – sold, on average, at a price that is 15 per cent higher than that of conventional single-family homes. While the number of singlefamily home transactions decreased by seven per cent across the province in 2013, sales of intergenerational homes increased by six per cent, with a total of 951 transactions concluded through the real estate brokers’ Centris system. The study says in 2013, intergenerational homes stayed on the market an average of 20 days longer than conventional singlefamily homes (111 days vs. 91 days).

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The Association of Regina Realtors (ARR) has donated $12,585 to the North Central Family Centre’s Youth Empowerment Program. That’s half of the record proceeds raised at this year’s ARR Annual Charity Golf Tournament plus an additional $5,000 from the association itself, bringing the total that ARR has contributed to the NCFC over the past nine years to almost $98,000. This year’s donation will purchase tutoring, reading and homework help for the Centre’s Children and Youth Literacy Program, as well as supplies for the Clean The Neighbourhood Project, which puts youth to work assisting elders and housebound residents with yard care and other maintenance. The association donated the other half of the golf tournament proceeds to upgrades at south Regina’s Realtors Park, which local Realtors helped to establish in 1987 as a legacy of their association’s 75th anniversary. “Realtors Park is not just the hub of our community, people

from all across Regina come to our spray pad and soccer fields,” says Ladette Fuchs, director of the Albert Park Community Association, the group spearheading the park’s improvement project. ■ ■ ■

Representatives of the Association of Saskatchewan Realtors (ASR) toured the Saskatoon Crisis Nursery earlier this month. The session was arranged so that ASR could see first-hand the results of a $5,000 grant provided through the ASR Quality of Life Legacy Fund. Saskatoon Realtors Joanne Kerr, co-chair of the ASR’s Quality of Life in Saskatchewan committee and Rich Jeanneau, as well as ASR CEO Bill Madder and COO Christ Guérette, were on hand for the tour. The grant was spent on extracurricular activities for the children both on-site (crafts, reading stories, baking, backyard play park) and outside the nursery (outings). “The funding provides something for these children that they just don’t get every day – the opportunity to be children and

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participate in social outings,” says Collette Wiebe, executive director of the nursery. “Seeing a child get excited about the thought of an activity outside the nursery is very touching and you know it has a positive impact in their lives.” Madder says: “This is so much more than money. The positive impact this grant has for so many children is heart-warming. If children are here, it means they are safe, even though their families are in crisis. And while $5,000 isn’t a huge amount, it can buy a really nice piece of ‘normal’ in the middle of chaos and confusion.” ■ ■ ■

Through the Realtors Care Foundation, the Toronto Real Estate Board supports Furniture Bank, a Toronto-based charity that outfits homes with the essentials, giving those who are emerging from difficult circumstances a strong start as they begin a new chapter in their lives. The charity traces its beginnings to 1998 when Sister Anne Schenck of the Sisters of St. Joseph began collecting furnishings for refugees in need of help when establishing a new home. Since then, it has served

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More than 60 members of the London & St. Thomas Association of Realtors and their families planted nearly 400 native trees and shrubs in Springbank Flats recently. “The flats separate a busy street from Greenway Park,” says Heather Arnott, chair of LSTAR’s Quality of Life Advisory Group. “Having this beautiful natural barrier will enhance the experience of people visiting the park along with all the many other benefits trees confer on a community.” To optimize London’s environmental and human health, ReForest London is partnering with the City of London and community partners such as LSTAR on the Million Tree Challenge, with a goal of planting one million trees during the next 10 years. LSTAR signed onto the challenge in 2011. REM

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32 REM NOVEMBER 2014

METES & BOUNDS

By Marty Douglas

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afflegab! We are used to politicians not answering the question, parsing the language and having their bureaucrats create communications so obtuse, any later retraction, amendment or denial can be made to appear positive. This “skill” gained national attention recently when a Conservative parliamentary secretary was forced to apologize to the House of Commons for disrespecting the zoo called Question Period. In his defence, it is not called Answer Period, however he was guilty of arrogant indifference, what we might call ignorant,

Bafflegab in politics and real estate when called upon to answer a question from the Opposition. I’m drafting this column the day following the speeches from Prime Minister Harper, Opposition Leader Thomas Mulcair and wanna-be opposition leader and posturing PM-in-waiting Justin Trudeau, on the role of Canada in the war against the Islamic terrorist group, ISIS. (Full disclosure: I have supported my Conservative member of parliament John Duncan for every federal election. But I several times voted Liberal when they, in the distant past, supported the armed services and once, blame it on youth and that’s where the girls were, I drifted to the provincial NDP. So I’m a bit of a political tramp.) I fully support the government position on ISIS. I can’t help but think the government has led the two opposition parties into an election trap, and the NDP and the Liberals sniffed the air and decided against the right thing to do in favour of

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doing what will win votes in 2015. In their opinion. It boils down to the wrist band the NDP and the Liberals wear and glance at when they are in doubt about policy. You’ll recall the wrist band in another format, but this one asks, “What would Quebec do?” Because that’s where the grassroots vote resides for the opposition, the votes they cannot lose if they hope to gain power in Ottawa. The Conservatives wouldn’t reject extra seats in La Belle Province (the jurisdiction, not the fast food chain) but they don’t need them. For Mulcair or Trudeau to turf the Harpers out of 24 Sussex Drive, they need gains in Ontario and the West while maintaining their base in Quebec. And despite the glorious history of that province’s contributions to Canada’s military in war and in peace, the vote tends to go against military engagement at the pointy end. Sure we’ll build your warships – in fact we insist – but support a conflict with our allies against a global threat? Non merci et pass the poutine. So mark my words (another phrase that will soon disappear into the electronic miasma): the Conservatives have just won the next federal election by doing the right thing and luring the opposition into playing politics for power, because in their opinion, it would have cost them everything. And besides, they can count. The majority government will carry the day regardless, so they can fearlessly posture. But it’s a losing game. And we play it too, but our war in real estate is on the truth. Or statistics. No one seems to know for sure who coined the comment, “There are three kinds of lies: lies, damn lies and statistics.” (Not Mark Twain, who probably caused its popularity when he incorrectly attributed it to Disraeli. And so the Wikipedia battle goes on.) To quote Pogo (who?): “I have seen the enemy and it is us!” I’m afraid it starts from our grassroots and spreads to the directors of real estate boards, our provincial associations and

CREA, who then echo their constituents’ requirement that nothing but good news comes from the governing body. I understand the reason – years of positive thinkers have drilled it into our heads not to watch, read or listen to the news or hang out with the “black cloud” group at the water cooler because nothing lies down that path but despair. But when this “nothing negative” philosophy couples with bafflegab and invades our forecasting and statistics it denies the credibility we deserve. Consider these excerpts from the Sept. 15

I suppose CREA is demonstrating that increased activity is occurring despite rising prices, with the result that affordability may inhibit the ability of those on the fringes to purchase real estate. But so do changes in mortgage qualification rules or a rising dollar or declining employment. We do know who said, “The only function of economic forecasting is to make astrology look respectable.” That was J.K. Galbraith, an economist. He should know. I started this column with a rant against bafflegab. I’ll finish

The directors of real estate boards, our provincial associations and CREA echo their constituents’ requirements that nothing but good news comes from the governing body. But when that “nothing negative” philosophy couples with bafflegab and invades our forecasting and statistics, it denies the credibility we deserve. CREA Housing Forecast: “British Columbia is forecast to post the largest year-over-year increase in activity (11.9 per cent) followed closely by Alberta (7.7 per cent). Demand in both of these provinces is currently running at multi-year highs…In other provinces, activity is forecast to decline in the range of between one and two per cent. In British Columbia and Ontario, this trend reflects eroding affordability for single-family homes.” On the one hand B.C. is forecast to have an increase in activity and a few sentences later, coupled with Ontario, B.C.’s trend is judged to reflect “eroding affordability.” No wonder Harry Truman demanded a one-handed economist.

with the only statistic or forecast you need to know in our business. Demographer, wine consumer, poet and sculptor David Baxter offered long ago the secret to rising prices. “House prices will not go up until wages do. Low incomes equal cheap housing.” Contact Marty Douglas by email at mgdouglas247@gmail.com. Follow or connect with Marty on Twitter, LinkedIn and Facebook. He is a managing broker for Re/Max Ocean Pacific Realty in Comox and Courtenay, B.C. He is a past chair of the Real Estate Errors and Omissions Insurance Corporation of B.C., the Real Estate Council of B.C., the B.C. Real Estate Association and the Vancouver Island Real Estate Board. REM


REM NOVEMBER 2014 33

Building a real estate investment portfolio, Part 2

By Eddy Boudiwan and George Hill

I

n the first article of this sixpart series, we discussed how to assess your readiness to invest in real estate. Now we will explore the framework required to select the geographical area where you will invest and building your team. A process is defined as “a systematic series of actions directed to some end.” This being the case, it is important to keep in mind that, when looking to select an appro-

priate investment property, you must allow the process to guide you, rather than deciding based on how a property “feels” to you. Research your area of focus before entering the market. We look at real estate investments as a longer-term commitment that allows steady and sustained wealth growth, rather than a quick-buck scenario. GDP, job growth and population growth are examples of economic indicators that signal a positive trend for investments in an area of focus. For example, a town that has shown steady increases of population and job growth can indicate a good long-term investment where you can get cash flow and also build equity. Many franchisors and big-box stores look for such indicators to determine placement of their new franchises and project these indicators for 10 to 15 years into the future. Keep an eye on indicators, as

they can tell you not only the appropriate time to enter a market, but also when to exit one, should the growth trend be reversed. Selecting and building your real estate investment team: A good team of people in your network is an important asset in selecting the right property. • A real estate agent and lawyer with experience in the neighbourhood and in dealing with multifamily property transactions. • A mortgage broker who has significant experience in investment properties, to assist you in finding the most efficient funding for your properties. Sometimes creative lending solutions are required that only a broker with the right experience can help facilitate. • An accountant who will assist in tax-savings strategies, eligible write-offs, appropriate filing for your taxes with the correct tax structure and preparing financial

statements and bookkeeping, if necessary. Meet with them at every stage of the property acquisition and for continued counsel. • A property inspector who has experience in general contracting will have valuable insight to real costs for potential abatements. For larger multiplexes, there may be additional layers, such as building and engineering reports and environmental studies. • A general contractor for larger jobs and other supporting trades such as plumbers, electricians and a general handyman. During the initial visit to an interesting property, take the general contractor with you to provide a high-level estimate of needed work. This early feedback will help you adjust your analysis and structure the offer if the numbers makes sense, prior to even going through the detailed due diligence, including the official inspection. • A property management

company will assist in taking care of the day-to-day issues after a property purchase. We will address this further in part six of this series, but at this stage, you should look for a PM company that services your area of interest and has local managers. This will make on-site servicing easier and more efficient because the property manager will be familiar with the environment. • An insurance broker experienced in recommending the right insurance for your building and who can ensure that your property has the right type of coverage such as liability, sewer back-up coverage, fire coverage and loss of rent protection. • Educational forums/groups: Education is of paramount importance to become a successful investor. Real Estate Rangers is a real estate investment team that locates, operates and maintains properties for investors. Eddy Boudiwan (eddyb@realestaterangers.ca) and George Hill (georgeh@realestaterangers.ca) are the co-founders of the company. They have partnered with Taft Forward Management as their acquisition arm. www.realestaterangers.ca REM

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34 REM NOVEMBER 2014

Real Estate Technology

Royal LePage Meadowtowne Realty - expands! Georgetown, Acton, Erin, and Port Loring, Ontario Alex Ocsai

Gloria Riddall

Finn Poulstrup

We are pleased to announce that effective September 17, 2014 Alex Ocsai & Gloria Riddall broker/owners of Royal LePage Meadowtowne Realty have acquired Johnson Associates Real Estate Ltd. the respected, and established independent brokerage from Finn Poulstrup. Alex Ocsai was born in Montreal, raised in Mississauga. Alex has been in the real estate industry since 1987. He has been active in real estate brokerage and management since 1995 and joined Royal LePage in May 2000 to manage the Meadowvale/Streetsville office. Gloria Riddall began selling real estate in Mississauga in 1980, and joined Royal LePage in 1995. In 2003 she and Alex acquired the Royal LePage corporately owned offices at 6555 Mississauga Road in Mississauga and 388 Main Street East in Milton, Ontario. Gloria and Alex then opened Meadowtowne’s Georgetown office in July 2003. Finn Poulstrup has been licensed in real estate for over 40 years. In 1995 Finn became Owner, and Broker of Record for Johnson Associates Real Estate Ltd. (Founded in 1967 as Johnson Carney Ltd.)

About joining Royal LePage Finn says, “Royal LePage Meadowtowne embraces a high ethical standard, training and support, compliance and best business practices with a forward view of the real estate business. This is a great cultural fit for the people at Johnson Associates. Royal LePage has made significant gains in market presence, locally, regionally, and nationally. Together Johnson Associates and Royal LePage Meadowtowne Realty will be the clear marketplace leader. The extensive suite of services and support they provide will be effective in giving our salespeople a clear advantage to offer their clientele.” Catherine Fox remains in her current role as Area Manager – Halton and Branch Manager, Georgetown office. With today’s announcement the Royal LePage Meadowtowne Realty force totals 300 sales professionals and full time support team. Royal LePage Meadowtowne Realty can be reached at any one of their seven locations, starting with their newest: 280 Guelph Street, Georgetown Market Place Georgetown, ON L7G 4B1 905-877-8262 Toll free: 866-865-8262

273 Queen Street, Acton, ON L7J 1P8 519-853-5155 Toll free: 866-865-8262

120 Main Street, Erin, ON N0B 1T0 519-833-9714 Toll free: 866-865-8262

11527 Hwy 522, Port Loring, ON P0H 1Y0 705-757-7000 Toll free: 866-865-8262

Active in the industry, Finn has served on numerous committees of the Brampton Real Estate Board (BREB) including Bylaws, Arbitration, MLS Public Service Commission (PSC), Education, the Election Committee, and is currently a member of the Professional Standards Committee. He was also President in 2000, and 2001 and Past President in 2002. Within his community he has served as a Halton Hills Municipal Councilor (1982-1985), and is a Founding Member and Current Chair of the Halton Hills Sports Museum/Sports Hall of Fame.

324 Guelph Street, Georgetown, ON L7G 4B3 905-877-8262 Toll free: 866-865-8262

475 Main Street East, Milton, ON L9T 1R1 905-878-8101 Toll free: 800-514-3316

6948 Financial Drive, Mississauga, ON L5N 8J4 OR 905-821-3200 Toll free: 866-821-3200

www.meadowtowne.com alex@royallepage.ca gloria@royallepage.ca

Today’s acquisition brings with it 50 salespeople/brokers who have maintained the #1 market share in their core market areas for over 20 years.

Please join us in congratulating Alex and Gloria, welcoming Finn and his team, and wishing everyone at Royal LePage Meadowtowne Realty continued success.

Genworth app helps buyers make informed decisions

A new platform from TRES Labs enables Canadian real estate agents and brokers to advertise the full DDF listing database on their personal websites, blogs, online profiles, Facebook and other venues. Agent iFrame lets agents paste the database into any third-party site to create a minisyndication network of listings and profiles, the company says. “No longer are buyers redirected to a commercialized website to browse listings. With Agent iFrame, they can stay in the social and business venues they are familiar with and search the national database as a seamless experience,” says Aaron Lagadyn, general manager of TRES Labs. The platform costs $4.95 per month and has no set-up fee or other costs. “A lot of agents like to do their own thing and we fully support that. We say ‘keep working with the one you like’ and use Agent iFrame to build your affordable listings network,” says Lagadyn. www.realtywebsites.ca

Genworth Canada recently released the HomeOpeners app, which the company says recognizes the need for a single tool to provide mortgage professionals with information to help their clients make sound home-buying decisions. Considering more than just monthly mortgage payments, the app provides an estimate of what homeowners can afford by including additional expenses such as property taxes, monthly utilities and mortgage insurance premiums. The company says mortgage and real estate industry professionals can access the app from their smartphone, set up a personal profile and use a number of mortgage planning tools or view informational videos that explain product options. They are then able to share mortgage affordability estimates and options, mortgage insurance product information and other useful resources with their clients. The app is available at genworthmobile.ca and works across iOS, Android and BlackBerry platforms.

WHAT DO YOU DO IF: Your clients’ property taxes are high? Your client has a tenant from hell? You received a letter of complaint from RECO? Let’s talk.

416.818.6130 †

†Royal LePage is a trademark used under license.

See DDF database on business or social sites

In addition, I'm a real estate broker with over 40 years of experience. I can provide you with valuable insight into the law.

Fax: (905) 882-6618 Website: avirosen.ca Email: avi@avirosen.ca

Tool helps agents plan online marketing costs A resource launched by digital marketing firm Search Engine People now makes the cost per click (CPC) of top real estate-sector keywords easily available for cities in North America, the company says. CPC refers to the actual price an advertiser pays for each click received by a prospective customer in an online campaign. For example, the keyword “condos” in Montreal will cost the highest CPC for that keyword at $7.18 as compared to other cities in Canada. By comparison, in Welland, Ont. the CPC is the lowest in Canada at 22 cents. New home developers, apartment rentals, Realtors and real estate agents are among the many keywords real estate sector professionals look to invest in through Google AdWords campaigns, hoping to draw the attention of potential buyers searching online for properties and services. Each one of those keywords has a cost associated to it that varies over the course of a month. “Knowing what that cost will be is valuable information for a business trying to determine where it will get the biggest bang for its Google AdWords buck,” says Search Engine People CEO Jeff Quipp. http://tinyurl.com/ldab8vs

Anti-spam compliance program for real estate professionals The Pro Broker APP has been developed to ensure Canadian real estate professionals are compliant with the new Canadian AntiSpam Legislation (CASL). The new regulations mean anyone who sends out commercial electronic messages must track when and how they obtained express consent to send the messages; when consent is withdrawn and when an unsubscribe took place; and varying expiry dates for implied consent with each contract. Pro Broker APP is used as an email verification and contact management system. It has a follow-up system to enable agents to contact prospects through CASL compliant emails and record contact verification through instant websites, the company says. It offers a free 30-day trial. www.TheProBroker.com REM


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36 REM NOVEMBER 2014

ly going through some tough days fighting for their lives against a relentless disease. It really puts our day-to-day troubles into perspective.” The event has raised $244,000 over the five years.

Good Works C

entury 21 Reynard Real Estate in Kenora, Ont. recently held Boobie Nights 5, an evening of music and entertainment and a silent auction raising $78,000 for the local hospital foundation and to help fight breast cancer. This year’s event tag line was “Save a Rack”. “It amazes me each year that

■ ■ ■

we hold this event the generosity and support we receive from our small community of 15,000 people,” says Bill Scribilo, broker of record. “There are some long hectic days leading up to the event that make you wonder if it is all worthwhile, but when it all comes together there is no better feeling than being able to give back to our community for those that are real-

Wayne Jewell, broker of record at Sutton - Diamond Realty in Dorchester, Ont. knows first-hand the struggles of his neighbours. He says many local manufacturing jobs have been lost in the area in recent years, and as a result, one in five children go to school hungry or malnourished. Just prior to the new school year, Jewell contributed his entire $4,000 commission from a recent transaction to a local food bank. “We have a great need here,”

Ralph Shaw and Angela Havey Re/Max Fort McMurray held its Annual Charity Golf Classic Tournament recently, raising $25,000 for the Stollery Hospital Foundation and $25,000 for Northern Lights Health Foundation.

From left: Wayne Jewell; Mark Irvine, the vendor of home Jewell sold that created the donated commission funds; Jean Davis of the Some Century 21 Reynard Real Estate Boobie Nights volun- Dorchester Food Bank; and John Mantel of teers, from left: Laura Cimperman, Antonio Cianci, Elle the Corner Cupboard Food Bank. Peterson, Angela Kuchma, Dustin McLeod, Bill Scribilo, Kristie Cavanaugh, Donny Booth, Wayne Gauld and Michelle Scribilo. Geoff Lee started the Imani Orphan Care Foundation to help orphanages in Kenya.

The Rocca Sisters and Associates team at the Applefest Fall Fair.


REM NOVEMBER 2014 37

says Jewell. “I challenge others, including Realtors across the country, to contribute what they can. Too many children are going to school hungry.” He gave $2,000 each to the Corner Cupboard Food Bank in Aylmer and the Dorchester Food Bank. ■ ■ ■

A cheque presentation was recently held at Century 21 Heritage Group in Bradford, Ont. to support a local child in need. A charity golf tournament, founded by sales rep Luis Moniz in 2011, this year supported Emily Szabo, a child in Bradford West Gwillimbury. Emily has spastic quadriplegic cerebral palsy and faces challenges in her daily life. All of the proceeds from the tournament were donated to assist Emily in acquiring therapies that she requires to help her gain and maintain daily living skills. The tournament raised $21,667. After the tournament a local family who had a family member with similar challenges contacted Moniz and donated their 2005 Dodge Caravan Wheelchair van. Moniz works with co-ordinators Cristina Silva and Carlos Silva and volunteers to organize and execute the event each year. ■ ■ ■

MARKETPLACE

Barry Lebow, broker at Re/Max Ultimate Realty in Toronto,

recently staged Realtor in the Park III to bring together friendship and a fundraiser. “The day was full of magic, music and a great barbecue buffet,” says Lebow. He started the event three summers ago, inviting a group of real estate professionals who had connected on Facebook but had never met in person. Held at Earl Bales Park in North York, the first year had 40 to 50 people. This year’s event introduced a charitable twist, with funds raised for the Baycrest Hospital for Alzheimer’s research. It attracted more than 200 people, with some flying in from other provinces. ■ ■ ■

Broker of record Ralph Shaw of Century 21 Explorer Realty in Carlton Place, along with broker Angela Havey of the firm’s Arnprior office, recently rappelled down the outside face of the 20storey Morguard Building in Ottawa to raise funds for Easter Seals. It was the fourth time Shaw has taken part in the Drop Zone event, and the third time for Havey. Drop Zone participants must have at least $1,500 in sponsorship money pledged before they can take part. “If you ever go to Camp Merrywood (a camp between Smiths Falls and Perth operated by the Easter Seal Society) you will see how important this (fundrais-

er) is,” Shaw told the Carleton Place Almonte Canadian Gazette. ■ ■ ■

Avison Young held its inaugural Global Day of Giving earlier this month in all of the company’s 60 offices in Canada, the U.S. and Europe. Each office chose its own community volunteer project in consultation with the charity that will receive the assistance. “While Avison Young offices already contribute to many charitable organizations throughout the year, setting aside a day for all 1,600 professionals to volunteer their time will broaden and greatly strengthen our philanthropic efforts as a company,” says Mark Rose, chair and CEO. Staff activities ranged from completing small construction projects for organizations such as Habitat for Humanity and the YWCA to riverside cleanup efforts. The company plans to make it an annual event.

response this year and have some very talented kite boarders from around Vancouver Island and the mainland joining us…We are excited with our progress and the excellent support shown by the B.C. kite community and the Vancouver Island business community.” ■ ■ ■

For the third consecutive year, the Rocca Sisters & Associates of Royal LePage Burloak were presenting sponsors of the Museum of Burlington (Ont.) Applefest Fall Fair. Admission to the fair was free courtesy of Cathy and Tanya Rocca and the team. Families were treated to games, exhibits and crafts including pony rides, a hay maze, fairstyle games, scarecrow making, live entertainment, artisan demonstrations and tours through historic Ireland House. All pro-

ceeds raised from the event will go towards the Museum of Burlington’s educational programs and preservation of the historic collection. ■ ■ ■

Geoff Lee of Dominion Lending Centres Drake Entrust Mortgage Services, recently participated in the annual 2014 Hockey Marathon of Hope – a Paul Henderson sponsored event where more than $74,000 was raised for various charities, including Lee’s own initiative, the Imani Orphan Care Foundation. Lee was then able to see these funds put to work as he took a twoweek trip to Kenya. The portion of the funds raised by the Hockey Marathon of Hope for Imani is helping with education, surgeries for children in need, and care and development of the orphanages in Kenya. REM Luis Moniz, left, along with co-ordinators Cristina Silva and Carlos Silva, presents the cheque to Emily Szabo and her family.

■ ■ ■

KitingforKids, in which kite boarders cross from Vancouver Island - Nanaimo to Davis Bay and back to Nanaimo, was recently held to raise funds for the B.C. Children’s Hospital. The goal was to raise $20,000. The group is headed by Parksville sales rep kite boarder Ken Droog of Re/Max First Realty. “We are really pleased with the

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38 REM NOVEMBER 2014

Trade Shows and Conferences

THE PUBLISHER’S PAGE

For complete listings, visit www.remonline.com. To add a listing to this calendar, email jim@remonline.com

Barrie & District Association of Realtors 2nd Annual Education Day and Trade Show Thursday, Oct. 30 Holiday Inn, Barrie, Ont. Bonnie Hunter – bonnie@barrie.realtors.ca Ottawa Real Estate Board Trade Show Thursday, Oct. 30 Ottawa OREB.Admin@oreb.ca REBarCamp Westend Thursday, Oct. 30 Mississauga Living Arts Centre Mississauga, Ont. Tickets at Eventbrite Virginia Munden - vmunden@live.com National Association of Realtors Realtors Conference & Expo Nov. 7 - 10 New Orleans www.realtor.org/convention.nsf/ Durham Region Association of Realtors Realtor Connect Thursday, Nov. 13 Deer Creek Golf & Banquet Facility Ajax, Ont. www.realtorconnect.wordpress.com

Realtors Association of Grey Bruce Owen Sound Trade Show Tuesday, Nov. 18 Harry Lumley Bayshore Community Centre, Owen Sound, Ont. Marilyn Newbigging Marilynn@ragbos.com Mississauga Real Estate Board Home & Trade Show Wednesday, Nov. 19 Mississauga Grand Banquet & Convention Centre, Mississauga, Ont. Gay Napper – events@mreb.ca International Council of Shopping Centers NOI+ Asset Management Conference Nov. 20-21, Chicago RetailGreen Conference Dec. 2-3, Phoenix www.icsc.org CAAMP 2014 Mortgage Forum Nov. 23 - 25 Palais des congrès, Montreal www.caamp.org Compiled with the assistance of Bob Campbell at Colour Tech Marketing, www.colourtech.com

By Heino Molls

T

here are some good arguments for meeting people face to face. I’m sure you know them all: when you speak to someone in person you get a far greater sense of what they are all about through their body language, eye movements and gestures. You also have a better opportunity to make your point to the people you meet with because it is harder for someone to end a discussion person to person than it is over the telephone. There are also reasons why personal meetings are not as important as they once were. We live in a new world where people need to grasp the idea you are speaking of

See you at the show quickly. The best way to do that is either over the phone, sometimes with accompanying charts and illustrations that you can send over the Internet to that person’s computer. Even if you are just chatting on the phone, you can easily see each other by using Skype and other technologies and make your points complete with gestures and eye rolling. The one place where travel expenses and time spent are still truly justified is at a real estate conference or trade show. A conference is a place where you can meet people from your own community face to face. Not just one or two people but many through the course of just one morning or afternoon. Issues can be discussed, common problems can be thought through and regulations can be debated. Professional enhancements are taught at conferences. Motivation is available to those who need encouragement and new developments can be learned from good teachers and guides, who are often the very authors of those advances.

By attending just a couple of trade shows per year you will see new products and services that will make your job easier and make you more productive than you are today, guaranteed. If you walk through any real estate trade show in Canada, either at your local board or at a national conference and you do not find at least one idea that will make you more efficient or more successful, then you weren’t paying enough attention to what's being offered. Stop and talk. Start with, “What is this? How is this going to help me?” If you don’t have five minutes to hear the answer to those questions at a trade show booth, then you shouldn’t have come because you are missing the point of the whole show. You wasted your time and money. Trade shows and conferences are the life blood of a real estate career. Just by going you are making a statement to yourself that you are not going to be one of those people who waits for others to tell them what’s new or how things have changed. You will be the person who knows. You will be the person who tells others about the leading edge rather than the person who is told about it. Would you like to meet someone who does more business than you in a non-competitive setting? You can do so at an industry trade show and conference. Here is the place to have a casual conversation with people who are making more money than you because this is the place they go to find out how to make more money themselves. This is the place where people are willing to share their knowledge freely and casually. This is where you can share your sales methods with peers who will give you honest thoughts and evaluations. A real estate trade show and conference is electric with new ideas, new ways, new styles, new services and new products that will help you work brighter, faster, efficiently and professionally. I know people who refuse to go to trade shows yet will easily spend hundreds of dollars on dinner and learn nothing but the price of beef. Which kind of person are you? Heino Molls is publisher of REM. heino@remonline.com REM




& YOU

Learn what’s happening in the market and how RE/MAX is generating business for you! Come out and network with the best! What Are You Gonna Do? Leigh Brown, Broker/Owner RE/MAX Executive Realty

Keeping Your Commission Tony Joe, Sales Representative RE/MAX Camosun

Date Tuesday, Nov 18th, 2014

Venue Mississauga Convention Centre 75 Derry Road West, Mississauga, ON, L5W 1G3

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Power Negotiation Tamara & Shannon Stone, RE/MAX Kelowna, Stone Sisters Group

Each office is independently owned and operated.


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