October 2019 by Real Estate Magazine (REM)

Issue #364

October 2019

Peter Mason:

A career in commercial real estate Canada Post Publications Mail Agreement No. 42218523 - Return undeliverable Canadian addresses to 2255B Queen St. E., #1178, Toronto ON M4E 1G3

Page 14

The uncertain future of Albertaâ&#x20AC;&#x2122;s regulator Page 3

Co-living projects tackle affordability Page 12

Kitec: What you need to know Page 28

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The uncertain future of Alberta’s regulator The Real Estate Council of Alberta is under fire after a scathing report recommended dismissing the entire council. By Mario Toneguzzi

he future of the Real Estate Council of Alberta, the province’s regulatory body for the industry, is under review as the government considers a scathing independent report on the organization’s governance and activities. Earlier this year, prompted by complaints from the real estate industry, Service Alberta tasked KPMG to produce the report. It concluded that “the Council is not governing RECA effectively, and that personality conflicts within Council, and between Council and Administration, are unlikely to be resolved without changing the individuals involved. Council has spent considerable resources attempting to improve its governance with minimal effect.” The report, entitled Governance Review of the Real Estate Council of Alberta, also said, “It would appear that the most effective and timely way to resolve Council’s governance challenges would be to dismiss all Council members. There are too many issues with the current composition and operations of Council to enable an effective governance body.” Nate Glubish, Service Alberta Minister, says the review was held because over the past couple of years the provincial department has received numerous complaints from real estate industry stakeholders about the governance performance of RECA. “I think the most significant takeaway from the report is it really just demonstrates how dysfunctional the Real Estate Council of Alberta is and it goes into good detail to document that,” he said. “It’s clear that industry has lost confidence in the Real Estate Council and quite frankly so have I in terms of the Council’s ability to fulfill its purpose of regulating the real estate industry.” Glubish says the government is “carefully considering what if any next steps may arise from this report’s recommendations. Right now would be premature to speculate on specifics. Given the grav-

ity of the report, I don’t want to rush into anything. “We’ve taken a couple of actions to provide instruction to RECA based on the report. To this date, they have complied with those directions. We’re grateful for their compliance and we will continue to work with them to ensure that compliance is met.” In early August, Glubish told RECA that its proposed changes to business signage requirements, as well as any other policy, bylaw or regulatory changes, must first pass through his office. “Our government has a mandate to cut red tape that creates unnecessary burdens for Albertans in their personal and business lives, and we are working hard to make sure Alberta is open for business and free of unwarranted red tape,” said Glubish in making the announcement. “That’s why I was so frustrated to see a government agency trying to dictate font size and logo placement to private-sector business, a change that would not have provided any benefit or service improvement to Albertans buying or selling their homes, while increasing costs to hard-working Albertans. “We know that in recent years, Alberta has seen the amount of red tape grow, causing the province to earn failing grades from our partners in the fight to prevent mounting costs on businesses due to unnecessary changes in government regulation. In a time when we are actively working with the public, with businesses, and with different levels of government to reduce regulatory burdens, it is unacceptable that RECA would take steps toward implementing new red tape.” RECA is embroiled in ongoing litigation with one of its council members, Robyn Moser, a Realtor in Calgary who was appointed to the council by the Alberta Real Estate Association. RECA filed an application to have Moser removed from council, claiming a violation of conflict of interest provisions in the

Real Estate Act. “Council members claim that Council spends a disproportionate amount of time discussing governance matters, including internal conflicts such as the lawsuit against one Council member,” said the KPMG report. “Approximately 80 per cent of the motions brought to Council over the last three years pertain to administrative or governance issues, in comparison to 20 per cent of decisions pertaining to strategic or regulatory matters.” Moser told REM she could not

Nate Glubish

comment on the issue due to the ongoing litigation. RECA’s first and only executive director, Bob Myroniuk, retired at the end of August after 23 years. Joseph Fernandez, the director of education programs, is currently the acting executive director. A Service Alberta spokesperson says “the search is ongoing and recommendations have been sought” for a new executive director. RECA did not give interviews on the controversy but directed REM to two public statements it has issued in the past. Regarding the August Ministerial Order, Robert Telford, chair of RECA, said: “As the independent governing authority for Alberta’s real estate industry, consumer protection is at the core of our mandate. We will work diligently and co-operatively with the minister to ensure compliance

with the Ministerial Order and are committed to providing updates to industry members and stakeholders as they become available.” RECA said it remains fully committed to transparency and openness and “we thank the Government of Alberta for working with us to ensure the ongoing integrity of the industry and protection of consumers.” Regarding the KPMG report, the Chair’s Message in an August newsletter said: “I want to be clear; this report deals with the work of RECA Council Members, and not RECA Administration. The other side of the overall review, the operational review, is currently under development and has no release date at this time. The major findings of the governance report include significant interpersonal conflict amongst Council and Administration, Council not focused on strategic issues, Council not having a constructive relationship with industry associations, Council not exercising adequate oversight of RECA, and minimal public representation on Council – one industry association has the ability to control the majority of Council member appointments, and that contributes to the other governance challenges. “Council will work co-operatively with Service Alberta as the Minister decides what, if any, recommendations he will advance. “RECA will keep all stakeholders informed, immediately, upon any further developments stemming from this review.” Brad Mitchell, CEO of the Alberta Real Estate Association says the association is calling on council to take the findings of the KPMG report seriously and to fully explore its implications – holding itself and its administration accountable for their respective actions. “It is encouraging to see the minister take note of industry concerns around RECA’s rogue administration, its regulatory overreach and its lack of accountability to stakeholders and gov-

ernment,” says Mitchell. “AREA will continue to advocate for an accountable, open and transparent regulator, who protects the public interest.” Alan Tennant, CEO of the Calgary Real Estate Board, says the industry has a lot to learn from the KPMG report. “It’s a very strongly worded report. There’s some very specific areas that are explored and it’s one that we’re still digesting,” says Tennant. “(We’re) certainly trying to position ourselves as being part of the solution going forward and we’ve always worked hard to make sure that our members understand different parts of the Real Estate Act that affect them. “A good full-functioning regulatory environment is really important. There is going to be a reset going forward and we see ourselves as being a big part of that. This report certainly suggests that change is in the air and we do have a new provincial government and they have been on record as having concerns about agencies, boards and commissions and how they operate,” says Tennant. “This is an area of great concern to us. We want to ensure the evolution of our regulatory environment to an updated model.” RECA is a government agency and reports to Service Alberta. Council is composed of 12 council members, representing residential and commercial real estate, property management, mortgage brokerage, real estate appraisal and the public. Council members adhere to a Code of Conduct. Their responsibilities include determining, setting and enforcing standards of conduct and business practices for industry professionals, providing services that enhance and improve the industry, and administering the Real Estate Act, bylaws and rules. The administrative staff, led by the executive director, assists council in fulfilling its duties. Council members are appointed for three-year terms and can serve two terms consecutively. REM

4 REM OCTOBER 2019

Multiple Listings By Jim Adair, REM Editor

Do you have news to share with Canadaâ&#x20AC;&#x2122;s real estate community? Let REM know about it! Email: jim@remonline.com

of the British Columbia chapter of the Asian Real Estate Association of America. He was previously president of the Fraser Valley Real Estate Board. He earned numerous sales awards in real estate and volunteers in the community as a coach and mentor for children, the

company says. Rachel Vanderveen and The Vanderveen Team of Calgary have been in real estate since 2006. She and her team were top producers at their previous brokerage, earning Continued on page 6

loud-based eXp Realty recently announced that several Canadians have joined the company. They include salesperson Tracey Fines of Toronto, a 20-year real estate veteran and an experienced investor. The company says she is also an award-winning, published interior designer, author and speaker. Derek Gillette and his team, Derek Gillette and Associates in Nanaimo, B.C. were formerly with Re/Max, where they won several sales awards. He earned Re/Max Internationalâ&#x20AC;&#x2122;s Circle of Legends Award for achieving $10 million in

gross commission after being with the company at least 10 years. The company says he also developed marketing analytics software that is used by real estate agents across Canada. Jason Simard and Sims Real Estate Group, also from Nanaimo, has been in real estate for nearly four years. In 2017 and 2018 he and his team achieved the highest annual production level of Diamond Club at Re/Max, the company says. In 2018 with seven licensed agents, the team closed 257 transactions representing $105 million in sales volume and more

than $2.1 million in gross commission income. Broker Wayne Jewell and The Diamond Real Estate Team was with Sutton Preferred Realty in London for four years before starting his own mini-franchise, Sutton Diamond Realty, says eXp. He and his team of six had more than $70 million in sales for 2018. As a way to give back to his community, he donates part of his commissions to the local food bank and to date has donated more than $8,000, the company says. Sales rep Gopal Sahota of Vancouver is the current president

Tracey Fines

Derek Gillette

Jason Simard

Wayne Jewell

Charlie Young

Gopal Sahota

Rachel Vanderveen

Chris Dunlop

Keith Burton

Andy Puthon

Jennifer Burton

Mike Star

Mark Dalton

Ryan Gorman

Nadine Westgate

James Knull, bottom right, and the Mogul Realty Group

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6 REM OCTOBER 2019

Continued from page 4

the MaxWell South Star Realty Chairman’s Award the past four years. In 2018, Vanderveen earned the brokerage’s Community Spirit Award for her ongoing charity work with the Auburn Bay Angels. James Knull is the founder of Mogul Realty Group, the No. 1 Re/Max Real Estate team in Edmonton in 2018. “We are thrilled for the opportunity to provide better service, better communications and a better experience to our current and future clients,” says Knull. Phil Hahn, a “real estate entrepreneur” at eXp Realty says Knull’s “commitment to his clients and contributions to the local market will only get better with (eXp’s) cloud-based technological solutions, improving communications and allowing for increased and better-packaged properties.” eXp Realty, The Real Estate Cloud Brokerage, now has 21,000 agents across five provinces, 50 U.S. states and the District of Columbia. ■ ■ ■

Keith and Jennifer Burton have transferred ownership of their Toronto brokerage to Chris Dunlop, who became a part owner of Royal LePage Estate Realty in 2014. The change is part of a longer-term plan to allow the Burtons to gradually step back and enjoy the fruits of their labour. “Keith and Jen have built a strong team and great culture. Their leadership serves as not only an example to me, but to others across the industry as well,” says Dunlop. The brokerage says Dunlop will continue to renew and modernize their offices and infrastructure and upgrade technology.

Cover photo: ELIJAH SHARK

■ ■ ■

Engel & Völkers recently announced its newest shop opening in Banff. Bow Valley Realty will now do business as Engel & Völkers Banff Canmore under the continued leadership of Mark Dalton. The brokerage will serve the Bow Valley area, including Banff, Canmore, Harvie Heights, Exshaw, Dead Man’s Flats and Lac Des Arcs. “With Banff and Canmore becoming more attractive to domestic and international visitors, I needed to differentiate my business and align with a brand recognized worldwide for its bestin-class real estate experiences, which I’ve found with Engel & Völkers,” says Dalton. The new shop is located in the historic Crag Cabin within the Bison Courtyard. There are plans to open a second shop in the next year. ■ ■ ■

Recently the AlbertaRE Real Estate Team at CIR Realty launched a sold data feed on their website, www.AlbertaRE.com. The team says it was the first in Calgary to make the information available on their website. “For the longest time, Realtors were gatekeepers of information, and part of the value we provided was that we had that information and you had to come through us to get it,” says AlbertaRE team member Gareth Hughes. “This just isn’t the way the world works anymore. Consumers want access to information on their own terms. As Realtors, our job is to help our clients understand that data and make educated decisions with it.” Mike Star, also an AlbertaRE team member, says that he worked with the Calgary Real Estate Board to get permission to launch the sold data feed

and ensure it was being used in a way that complied with all privacy policies. The AlbertaRE Real Estate team includes nine Realtors. ■ ■ ■

Realogy Holdings Corp. recently announced strategic organizational changes that include the integration of the Coldwell Banker affiliate network and company-owned brokerage. Creating a unified leadership team is expected to allow for faster, more agile decision-making, including an aligned approach to growth, the company says. Combining as one global business will also give affiliates an opportunity to access a suite of agent tools and services the company-owned operation has been investing in. Effective Jan. 1, 2020, the integration will start with a unified Coldwell Banker leadership team to be helmed by Ryan Gorman, in addition to his current role as NRT president and CEO. Current Coldwell Banker CEO Charlie Young will move into a senior advisor role supporting the integration. Coldwell Banker Canada will remain a distinct part of Coldwell Banker North America. Responsibility for marketing and the operations for the Canadian business will remain under the leadership of Andy Puthon, president of Coldwell Banker Canada, based at the national office in Burlington, Ont. ■ ■ ■

Zillow says it has now signed up more than 250 Canadian brokerages and franchisors to display listings on Zillow.com. Recent partners include iPro Realty, Re/Max Condo Plus, Living

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Realty and PSR Brokerage, all based in the Toronto area. Zillow says it has seen a 32-per-cent year-to-date growth of monthly Canadian unique users. More than 4,500 Canadian agents have profiles on Zillow.com, with more than 3,000 reviews of those agents by consumers. “We pride ourselves at being at the cutting edge of real estate,” says Jamie Johnston, broker/ owner of Re/Max Condo Plus. “We think our association with Zillow is another opportunity for our agents to demon-

strate their value to the public.” ■ ■ ■

The latest company to join the Aventure Realty Network is Sage Executive Group Real Estate of Kelowna, B.C. Under the leadership of Nadine Westgate, broker/owner, Sage Executive Group has grown to a team of over 90 sales professionals. It serves the markets of Kelowna, West Kelowna, Lake Country and Vernon. Aventure has 55 member companies and nearly 3,000 REM Realtors.

Letters to the Editor Kingsway Real Estate still operating RE: iPro Realty acquires three locations from Toronto-based Kingsway Real Estate iPro did not purchase Kingsway Real Estate Brokerage at all. Not even one share of the corporation. Kingsway brokerage is fully operating. In December 2018, I transferred over 600 Realtors to iPro Realty and restructured my business. The idea of large offices and huge overhead is not profitable with the model of the business that I was operating. Therefore, Kingsway Real Estate Brokerage is now operating with less overhead and much more profit. In the near future, I plan to expand the brokerage even bigger than what it was before. Kingsway Real Estate Brokerage is one of the leading real estate brokerages, offering amazing hands-on training with 100 per cent commission (-$399

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

Phone: 416.425.3504 www.remonline.com

REM is published 12 times a year. It is an independently owned and operated company and is not affiliated with any real estate association, board or company. REM is distributed across Canada by leading real estate boards and by direct delivery in selected areas. For subscription information, email distribution@remonline.com. Entire contents copyright 2019 REM. All rights reserved. Reproduction in whole or in part without written permission from the publisher is prohibited. The opinions expressed in REM are not necessarily those of the publisher. REALTOR® and REALTORS® are trademarks controlled in Canada by The Canadian Real Estate Association (CREA) and identify licensed real estate practitioners who are members of CREA. MLS® and Multiple Listing Service® are trademarks owned by CREA and identify the services rendered by members of CREA. REM complies fully with the CREA’s Trademark Policy (section 5.3.2.6.1). ISSN 1201-1223

transaction fees) and is currently operating throughout the GTA with multiple branch offices. Akbar Zareh Broker of record/owner Kingsway Real Estate Brokerage Toronto

Ontario had land transfer tax since 1921 In the September issue of REM, Bill Johnston wrote that until April 1974, Ontario didn’t have a land transfer tax. The fact is that Ontario’s first Land Transfer Tax was introduced in 1921 and received Royal Assent on May 3 in that year. The rate was one-fifth of one per cent of the purchase price. Bob Aaron Aaron & Aaron, Barristers and Solicitors Toronto REM

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10 REM OCTOBER 2019

In memoriam: George Cormack F

or more than a century, Royal LePage has been a leader in the Canadian real estate industry. To build and sustain a great enterprise you must have great people, and there have been many who have left their mark on the firm. With history as our lens, a small handful of leaders stand taller, even in such towering company. George Cormack was such a man. It is with great sadness that I share that he has passed. As an eager young executive, George was instrumental in driving the growth of A.E. LePage during the 1960s and 1970s. He first made a name for himself with innovative marketing techniques and management strategies. In spearheading the company’s expansion plans, he championed opening up new offices beyond LePage’s stronghold in the heart of Toronto. The suburbs were attracting new immigrants from Europe, and George and his team focused on building a business that would capture this emerging market. I can’t help but smile when I think of how important today’s new Canadians are to the contemporary Royal LePage. George would approve. As a field manager, George pio-

neered the “agent tour” concept in Canadian real estate and planted the seeds for profitable collaboration within Royal LePage that are very much part of our DNA in this century. He would gather agents together each Monday morning to review listings and to match the homes to the hopeful buyer clients that the firm was representing. While fierce competition and a lack of trust between agents was the norm in the real estate brokerages of the day, he insisted that the LePage team share details about their sellers and buyers because it was in their clients’ best interest. From the book that commemorated Royal LePage’s 100th anniversary, published in 2014, Cormack explained, “We would go out Monday after our meeting and tour properties with about eight or nine agents in tow. We would talk to the homeowner, hear from the listing salesperson, and report back to the homeowner with what we thought would help to sell the house. And then we all came up with a price based on the opinion of the group.” These novel tactics were a huge success and gave George the courage to create his formula for success. Dubbed the “model

office,” the business plan laid out everything you needed for success in real estate: a cookie-cutter building layout and signage, the perfect number of agents per office and so on, right down to the size of desk a Realtor would be provided with. During his tenure in the business development role, a new office opened in Ontario every month. By 1970, LePage had expanded well beyond Ontario. Between 1974 and 1979 the company acquired more than 50 midsized firms across the country. A.E. LePage grew during this period to be not only the largest real estate company in Canada, but the second largest in the world. In 1983, A.E. LePage merged with Royal Trust and in 1986 George Cormack finally got the top job, becoming president and CEO of Royal LePage. He retired in 1993. George was a man of great energy and quick wit. He will be missed by many. My deepest sympathies to his family for their loss. And to George himself, if you are listening I would say that I consider myself fortunate to have met you and to have heard first-hand great stories from your era. A

At the 2013 gathering of Royal LePage presidents, from left: George Cormack and Gordon Gray (seated); Colum Bastable, Simon Dean, William Dimma and Phil Soper.

hearty thank you from the over 20,000 of your modern day colleagues from coast to shining coast for the trails you blazed to help us get to where we are today. In 2013, to celebrate the company’s 100th birthday, I hosted a luncheon of former Royal LePage presidents in the Canoe restaurant, on the 54th floor of the TD Bank building in downtown Toronto. Every single one of the company’s living legends attended. It was a wonderful couple of hours that I will not forget. The location had special significance because some 60 years ago, LePage quietly assembled the land, piece by piece, that was used to build the TD Centre. Occupying an entire city block in the heart

A tribute to Ettore Cardarelli I

t is with a very heavy heart that the OREA family recognizes the loss of friend, leader and a true legend of organized real estate in Canada – Ettore Cardarelli. Ettore was a pillar in the real estate community for over 30 years and excelled in some of the most important leadership roles in the profession including the Mississauga Real Estate Board and the Ontario Real Estate Association (OREA). Ettore was first elected to the OREA Board of Directors in 2003 and led the association as president in 2017. He was a dedicated volunteer, giving up countless hours away from his business and family. Ettore cared deeply about his profession. Most notably, he fought to ensure grassroots Realtors always

had a voice at the OREA Board table and in meetings of the association. Ettore’s time at OREA was epitomized by some major successes. He was chair of OREA’s Government Relations Committee the year the province extended the land transfer tax rebate for first time home buyers to resale homes – a $250-million tax cut for young families. He led the efforts to change legislation to permit electronic signatures. He fought to stop the $1-billion municipal land transfer tax, protecting the dream of home ownership in Ontario for future generations. As president, he guided OREA through the transformation from real estate education provider to a new association dedicated to highimpact advocacy and quality mem-

Ettore Cardarelli

ber services. In addition, Ettore strengthened the Realtor family by establishing regular meetings between provincial associations. Finally, he fought for and won greater transparency at RECO. In addition to his considerable leadership successes, Ettore also

By Phil Soper

George Cormack

of the city, it was the largest construction project in the Commonwealth at the time, and the tallest building in the country when completed. Phil Soper is president and CEO of Royal LePage and Bridgemarq Real Estate Services – a Brookfield Company. REM

By Karen Cox

built countless friendships across our profession. He was highly respected for his hard work, dedication and diplomacy. Time with Ettore was always full of laughter. He brightened every room he entered and every person he touched. Ettore has always been about building strong communities. Outside of real estate he served his community in a number of ways. At a young age, Ettore was a beloved advocate for recent Italian immigrants adjusting to their new home in Mississauga. He helped them adapt to their new life and broke down barriers with government, schools, businesses and social service agencies. He was president of the National Congress of ItalianCanadians and a founding member

of multiple organizations including the Peel Multicultural Council, the Mississauga Italian-Canadian Business Association and the Peel Legal Aid Clinic among others. He was also an active leader with worthy charities including the John Howard Society and Muscular Dystrophy Association of Canada. Thanks to his dedication, his profession, his community, our association and the thousands of Ontarians who dream of owning a home are better off. On behalf of the OREA Board of Directors, I would like to offer my deepest condolences to his wife Luciana, his children, grandchildren, family and friends. Karen Cox is the president of the Ontario Real Estate Association. REM

12 REM OCTOBER 2019

Co-living projects tackle affordability “Co-living is as much a lifestyle choice as a product,” says Anil Khera, CEO and founder of Node. By Don Procter

he idea of renting an apartment with roommates is not new, but a crop of developers is putting a different spin on the concept. The new rental model is partly built around affordability but it also offers residents social connections that they wouldn’t get in a traditional rental. “Co-living is as much a lifestyle choice as a product today,” says Anil Khera, CEO and founder of Node, a global developer that will soon start construction of its first Canadian co-living apartment in Kitchener, Ont. “It is tackling housing affordability issues, tackling isolation (loneliness) issues and tackling lifestyle flexibility (by incorporating plug and play residences),” says Khera. Node’s CEO, who believes it will represent “a real shift” in how people choose to live in rentals, says the day is coming when many rental buildings in cities will have to offer co-living space to stay competitive. Khera says while co-living is not exclusive to young people, it cashes in on the movement of upwardly mobile people moving to different cities for jobs. “Our cities are not being competitive if they don’t offer quality lifestyle housing solutions. If you want to attract the best people to Toronto . . . how do you expect them to stay and want to contribute?” Not all of the apartments in Node’s Kitchener project will be shared accommodation but residents will have a communal recreation lounge, co-working spaces and a common outdoor patio with views of the city. But the development, which will be completed in 2021, goes a step further: it will have “community curators” assigned to organize events around the building’s amenity spaces, helping tenants connect with each other, says Khera. Node’s residents want a “turnkey apartment solution” with a sense of community, he says, noting that his company has co-living units in seven cities in Europe and the U.S. and has expansion plans to 30 cities.

Another developer is proceeding with a 24-storey, co-living rental building in Ottawa. A partnership of New York-based Common with Toronto’s Dream Unlimited Corp., the project will be on a 34-acre mixed-use development by Zibi on the Ottawa River in downtown Ottawa. Common will supply 252 beds in three- and four-bedroom suites, with the largest suites about 1,200 square feet. The apartments will be 20 to 30 per cent less than comparable rentals in Ottawa, says Brad Hargreaves, Common’s CEO and founder. Each suite will provide “private nesting space” for tenants (private

ty but get rid of as many of the annoyances as we can control.” Those annoyances include a dirty apartment – the main reason for tenant disputes, Hargreaves says, noting that Common cleans suites weekly. Common also provides Wi-Fi throughout each building, and it even shares kitchen and bathroom supplies (paper towels to toilet paper) because it is “a huge source of roommate disputes” in traditional shared arrangements. “One person is always the one going out and buying the toilet paper.” Other issues Common controls include lease arrangements, utility bills and rent cheques so no one

tenant carries all the responsibilities. “There are a lot of details we do to make their living experience better,” says Hargreaves. Common has about 1,000 beds in 30 co-living buildings in seven cities. The median age of tenants is 30 and 85 per cent of the residents work in a traditional office. “They are not students, or freelancers working from home.” Hargreaves says while most members are on a 12-month lease, a three-month stint can be signed. “But we’re looking to create a longterm community; we don’t really serve transients.” If a tenant doesn’t like his or her roommate they can transfer to another room in a different suite, says Hargreaves. Along with advertising through social media for residents, Khera says Node engages corporate Realtors and some traditional brokers who fit the profile of clients looking for more than just an apartment to rent. “Some of the smart

agents are looking at how they can help . . . maybe even to assist with roommate matching. There is a need for more value-add.” “I think more Realtors are seeing what Airbnb has done on short-term rentals and you are extending that concept further along on long-term rentals,” Khera says. In the U.S., Common leases its buildings in-house. The company’s marketing, sales and leasing teams act as brokers, working directly with renters to pair them with the co-living home that is best for their needs. Common receives 15,000 applications every month for membership. “Demand is high,” says Hargreaves. Both Hargreaves and Khera have Toronto on their development radar. Common is looking to add 500 beds in Toronto next and Node is currently looking for projects in Canada’s biggest city. “We’d like to do a lot more in Canada,” says Khera. REM

Node will soon start construction of its first Canadian co-living apartment in Kitchener, Ont.

bedrooms, many with bathrooms), spacious common living rooms and building amenity spaces such as lounges and workspace, he says. Hargreaves founded Common four years ago in New York City to address the growing market for shared accommodation. Skyrocketing rents is one reason for the surge to share digs but Hargreaves adds other reasons such as people delaying marriage or choosing to reside in high-density inner city neighbourhoods where traditional apartments are in short supply. And it is not just young people sharing roofs, he says. Many tenants are in their 30s, some even in their 40s. “We saw an opportunity to create a better experience of living with roommates . . . to keep the social environment and affordabili-

A partnership of New York-based Common with Toronto’s Dream Unlimited, the co-living project will be on a 34-acre mixed-use development by Zibi on the Ottawa River.

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â&#x20AC;&#x153;We no longer operate from a position o scarcity and are tracking to achieve a of â&#x20AC;&#x153;As a husband and wife real estate team, life had been such a challenge. We were making a living, but not really living if you know what I mean. In 2006, after being involved in several coaching organizations, we drove to a Craig Proctor conference in Chicago and have never looked back! Because we no longer operate from a position of scarcity, weâ&#x20AC;&#x2122;ve for 2019. We are still amazed that a top agent like Craig Proctor and the team he has surrounded himself with would be willing to share the systems he used to be so successful.â&#x20AC;? KEVIN FLAHERTY (Orangeville, ON)

! t agent in my franchise for the past 8 top "#$ % & â&#x20AC;&#x153;Craig taught me that thereâ&#x20AC;&#x2122;s plenty of business to go â&#x20AC;&#x153;Cra around and helping others in the industry helps improve the image of Realtors as a whole. Because of Craigâ&#x20AC;&#x2122;s help, I have been able to build a successful business / team that doesnâ&#x20AC;&#x2122;t rely on me daily. Iâ&#x20AC;&#x2122;ve been iPro Realtyâ&#x20AC;&#x2122;s top producing Realtor for the past eight years based on gross sales out of over 950 other Realtors in the company. Craig taught me the importance of working on my business and not in it. With a personal coach guiding me every step of the way, I didnâ&#x20AC;&#x2122;t waste time going down the wrong paths. My team now consists of eight salaried employees and nine successful Realtors.â&#x20AC;? EVELYN LOPES (Brampton, ON)

â&#x20AC;&#x153;My income had remained relatively ! ! ! ' ( ) ! & ) ! ) ( ! *& *& ( ) ! +, ! â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;ve been a fairly successful Realtor for quite some time. My income had remained relatively consistent in the six digits, but with no real growth. Being involved with Craig Proctor and his training program has been amazing! My mindset has drastically changed and so has my business, " # this to be possible. Craig has created an environment full of big thinkers and big sharers. You canâ&#x20AC;&#x2122;t help but grow into the best version of yourself. He has completely changed my â&#x20AC;&#x153;mindsetâ&#x20AC;? and the belief that you can do it! I made a mindset shift and massive success has followed. I have just touched the surface and I am excited for the future and the possibilities. I canâ&#x20AC;&#x2122;t imagine doing business any other way!â&#x20AC;?

JASON BOCCINFUSO (Oshawa, ON) ! !( && ! * ! && ! ) ! ! ) - ! "#. % & ! ! ! â&#x20AC;&#x153;I have been a member of the Craig Proctor System for 3 years now. Before joining the system I found myself working long hours and never having control of my schedule. I would always be at the mercy of my telephone, chasing the next deal as it came in. Using Craigâ&#x20AC;&#x2122;s system, all of my # $ % & '() *+ % % # Iâ&#x20AC;&#x2122;m spending time with friends and family, travelling and doing whatever it is I want to do. In fact, I now have so many buyers and sellers that I canâ&#x20AC;&#x2122;t represent them all. I turn away more business in a week than over 95% of Realtors get in an entire year.â&#x20AC;? PAULA & JODY TYSOSKI (Brantford, ON) / 0 ! ! ) ( & ( ! â&#x20AC;&#x153;â&#x20AC;&#x153;We started Real Estate in 2007, had â&#x20AC;&#x2122;okayâ&#x20AC;&#x2122; years and â&#x20AC;&#x2DC;not so okayâ&#x20AC;&#x2122; years, but then ? 8 :% )(;# $ < %# $ system Craig taught us effectively eliminates the inconsistency of leads and provides a steady = # > ? @ @ % # Meeting expectations and helping clients reach their goals, without exception, is priority, and because we have so much business, weâ&#x20AC;&#x2122;re able to pick and choose which clients to work with. At the same time, we value being able to enjoy our lives and spend time with our family without worrying about our business falling apart.â&#x20AC;? DIONE IRWIN (Airdrie, AB) ) ! & !( !( ! ) ! ! ! ) 1 & ) ! ! * ! 2 && ( 3+ 4 && ! ! â&#x20AC;&#x153;II was a single mother, had just become a Realtor, moved to a new city where I had no % D ? < % ? (; % +

was not an option to fail. I received a call from a CP coach telling me about the next upcoming SuperCon # $ % % D $ % ;F '( F+)))# G % % % ' J % F % # % have an exciting life and lead a team of amazing agents and staff. I truly believe I could be dropped off in any city and be able to start a Real Estate business with the tools I have been given with this system.

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14 REM OCTOBER 2019

Peter Mason: A career in CRE

Peter Mason was the youngest-ever president of the Toronto Real Estate Board when he was in his early 30s. Now at 75, he continues to work full-time, managing accounts for major corporations. By Susan Doran

ndustry veteran Peter Mason, active in commercial real estate for over five decades, had a milestone birthday recently. “I did not save experiences for a bucket list. I have enjoyed them this full 75 years. I’m still having fun. But boy, the years have flown,” he says. Continuing to work full-out, he looks back on the days when he was always the youngest within his network of professional affiliations. At age 22, after working in his father’s brokerage for awhile, he started his own business and became the youngest broker in Ontario. A decade later he was the youngest-ever president of the Toronto Real Estate Board (TREB). This was followed by a stint as the youngest president in the history of the Ontario Real Estate Association (OREA). Back then, he and his peers were referred to as “the young bucks,” he recalls. Mason now has nine grandchildren. These days he and his contemporaries are decidedly the older generation, promoting the importance of bringing welleducated younger people into the business. After many years running his own company, at the time one of the top commercial real estate firms in the province, Mason merged with another brokerage. In 2003 he joined global commercial real estate services company Cushman & Wakefield as senior vice president and director of business development in Toronto northeast. He remains there today, managing real estate accounts for various major corporations, including Toyota and the City of Markham (where he lives). Building business relationships

is crucial, Mason says. He’s aware that some Realtors now do deals online from start to finish, never even meeting the client. “I don’t understand that,” he says. “We need technology but we also need to build and protect relationships. Don’t forget the individuals you are representing. Make sure you continually do eye-to-eye meetings.” Another of his tips for new agents is to be patient. Unlike residential real estate, “Going into commercial real estate, it takes a number of years before you can start generating an income you can live on,” Mason says. “The learning curve is longer... You almost have to look at it as staying in university for another couple of years” as part of your ongoing education. Along with his extensive experience brokering commercial and industrial transactions throughout the Greater Toronto Area, Mason has various prestigious designations (FRI, PLE and SIOR), along with a strong history of community service and leadership roles with professional associations and boards at all levels. And let’s not forget his lengthy list of honours, which include a Queen’s Diamond Jubilee medal for community service (notably in the Markham area, where he has been instrumental in exhaustive fund raising to help build the hospital, art gallery, library and theatre). “Peter is a true community role model,” the mayor of Markham was quoted as saying. There was also a nomination for the Order of Ontario, the province’s highest honour. “I didn’t get that. Would have been nice,” says Mason. Order of Ontario or not, his is

an impressive biography. Looking back, a career in real estate seemed almost destined, Mason says. With a father, grandfather and uncle who were all involved in the business, he figures that if anyone was meant to be a Realtor, he was. Dorothy, his wife of 53 years, also works in the industry. Like him, she’s a past president of TREB and OREA. Yet there was a time when Mason was not convinced that real estate was for him. “I saw my dad working at all hours. So, I wasn’t sure about it at first,” he says. Mason was in banking for awhile. And at one point he even “thought it would be fun” to be a cattle rancher. After he found his feet in real estate, things took off, although not immediately. He neglected to cover all eventualities on his very first deal, leasing out a warehouse in downtown Toronto. As a result, he didn’t get paid. “I learned from that,” says Mason. “Get everything in writing. Because I always build a file, I’ve never had a lawsuit. My father always said, ‘People are basically honest. But they sometimes forget what they’ve promised.’” Forever an inspiration to Mason, his father is also the voice behind some of his other philosophies, including “luck follows hard work and dedication.” In the business long before computers and cell phones came along, Mason recalls jotting down the details of his business dealings in a ledger every day and searching for a pay phone when he had to make a call outside the office. He has witnessed technology become a colossal game changer. “Things that would take me a month to research when I started,

Peter Mason (Photo: Elijah Shark)

I now have in a minute with the push of a button.”

unduly concerned but are keeping a watchful eye.”

Something else that has changed in his years in the business is the evolution of teams. “The industry at large is seeing a lot more teams. With the complexities of commercial real estate, you need the right people and resources to overcome obstacles,” he says. “Before, you always tried to do your own deals.”

Asked whether he has plans to retire anytime soon, Mason says he “still has too much to do.” He does reluctantly admit that he’s pulled back somewhat from his board activities. (“I am still on three boards, but I used to be on eight.”) That’s about all the slowing down he’s prepared to do right now. There’s a lot of freedom in his position, he explains. “I can do what I want. It’s not like sitting at a desk job.”

The commercial/industrial/ investment markets in the Greater Toronto Area are strong, with limited land for development, he says. There are concerns in regard to trade, “But the commercial market is not as reactionary as the residential,” he says. “We are not

All things considered, to no one’s surprise, Mason foresees “being tied up” for a number of years yet. REM

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Join the blue. coldwellbanker.ca ©2019 Coldwell Banker LLC. All Rights Reserved. Each Office is Independently Owned and Operated. Coldwell Banker, the Coldwell Banker logo, Coldwell Banker Global Luxury and the Coldwell Banker Global Luxury logo are registered service marks owned by Coldwell Banker LLC. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations. * Network statistics as of 12/31/18.

16 REM OCTOBER 2019

The case of the shrinking driveway

By Shaneka Shaw Taylor & Emraan Dharsi

hat do you do when your purchaser refuses to close on an Agreement of Purchase and Sale (APS) because the driveway is smaller than they originally thought? That was the central issue that the Court of Appeal grappled with in Himidan v. Farquharson, 2019 ONCA 575. The seller, Himidan, entered into an APS to sell her home to Farquharson and Burns. After they signed the APS, but before the

closing date, Himidan’s neighbours claimed that they owned a twofoot strip of Himidan’s nine-footwide driveway. To prove their point, the neighbours built a fence around the two-foot strip. Himidan and her neighbours were unable to resolve their dispute and litigated the matter. Having heard of the litigation between the neighbours, Farquharson and Burns refused to complete the purchase as Himidan was unable to demonstrate that she owned the entire driveway. Himidan commenced an action against Farquharson and Burns, for damages for failure to close the sale. Farquharson and Burns counterclaimed for a return of their deposit. They both moved for summary judgement. The motion judge found in favour of Farquharson and Burns. In her view, the APS was a representation that Himidan owned all of “what was visually apparent as the functioning private driveway.” She found a defect in Himidan’s title and held that the defect was significant enough to justify Farquharson and Burns’ refusal to complete the sale. Himidan appealed.

A buyer may have a legitimate claim to refuse to close when the property differs from what the eye can see. The Court of Appeal sided with Farquharson and Burns. It determined that the motion judge correctly used the “physical and visual appearances of the property” to interpret the APS, reaffirming LeMesurier v. Andrus. In LeMesurier, the court held that purchasers are entitled to assume “everything which to the eye appeared part of the driveway” was actually a part of the driveway. The motion judge was entitled to find that any reasonable person, upon viewing the property, would assume the property was in fact nine-feet wide, despite the provision in the APS indicating otherwise. Citing Ventas Inc. v. Sunrise Senior Living Real Estate Investment

Trust, the Court of Appeal also held that the APS must be interpreted in accordance with sound commercial principles and good business. If Himidan was correct in her dispute with the neighbours (which was still ongoing), that she in fact owned the two-foot strip by adverse possession, then the APS was reserving the two-foot strip for herself. This made no commercial sense. In further finding for Farquharson and Burns, the Court of Appeal held that the defect (the two-foot strip) was significant enough to justify Farquharson and Burns’ refusal to complete the sale. After all, Himidan herself gave evidence that the fencing off of the two-foot strip, and the ensuing lit-

igation with her neighbour, interfered with her use of the driveway. She also gave evidence that it negatively affected the sale price as she sold the property to another buyer for $145,000 less than what Farquharson and Burns had agreed to pay. In sum, it appears that a buyer may have a legitimate claim to refuse to close on an Agreement of Purchase and Sale where the property being conveyed differs from what the eye can see. Shaneka Shaw Taylor is a partner at Boghosian + Allen LLP where she practices municipal, commercial and real property litigation. She is also a licensed real estate salesperson with Forest Hill Real Estate. She has authored several articles and speaks regularly on topical municipal ligation and civil litigation matters. She recently authored The Annotated Real Estate and Business Brokers Act, 2002 and Regulations (LexisNexis Canada). Phone 416-367-5558 ext. 214; email staylor@boglaw.ca Emraan Dharsi is a third-year law student at Osgoode Hall Law School. A developing advocate, he hopes to practice commercial litigation upon his call to the bar in 2021. REM

Short-term rentals and Airbnb: What you need to know By Mark Weisleder

am constantly asked for advice about whether Airbnb is permitted and if the guests can be considered tenants. These are not easy questions to answer. What are the rules for Airbnb? Every city will set its own rules for renting out all or part of a property on Airbnb or other short-term rental websites. In Toronto, for example, it is expected that only a principal residence will be able to be used for Airbnb. You can either

rent out up to three of your bedrooms, or you can rent out the entire home, up to 180 days per year. You will also have to pay $50 to register the unit with the city and charge a four-per-cent tax. Are guests considered tenants under the Residential Tenancies Act of Ontario? This is not a simple answer. If you are living in a home or condominium and you just rent out rooms to guests on Airbnb, they are not tenants and can be treated as a guest and must leave when you ask them to leave. You do not have to use the Ontario Standard Form Lease. However, if they are renting your entire home, even for a few days, an argument can be made

that they are in fact tenants and you need to sign the Ontario Standard Form Lease, which will govern the relationship. It will make no difference if this is a furnished apartment or not. Can you evict a tenant to turn the unit into an Airbnb? The likely answer to this is no in Ontario. While an eviction is possible if you are converting the unit to a commercial use, it is not permitted when the business will be for Airbnb. It will also likely not be possible to evict someone using the personal use family reason and then trying to rent all or part of the home on Airbnb before one year after the eviction. This could lead to penalties under the act.

Can you evict a tenant who is renting your unit on Airbnb without permission? The answer is likely yes. This would be considered either an illegal sublet if no permission was granted in advance and a violation of the act, in that the tenant would be subletting for more money than they are paying in rent. However, the landlord would have to start eviction proceedings regarding any sublet within 60 days of finding out. Will insurance cover any damage caused by guests? Airbnb and similar sites offer insurance coverage, but it is recommended that you also inform your own insurance company if

you are planning to rent it out, since the risk of damage will increase. For example, if the guest and owner privately agree to extend their stay without going through the short-term website, the website insurance policy will likely deny any claim. Further, if damage occurs that was not caused by the guest, the owner’s insurance claim to their own company will likely be denied if they were not advised about the new use of the property. Mark Weisleder is a partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca or REM toll free at 1-888-876-5529

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20 REM OCTOBER 2019

Marketing secrets of a luxury broker

Montreal-area luxury real estate broker Martin Rouleau ignored what his competitors were doing to market listings. It turned out to be a smart move. By Danny Kucharsky Traditional advertising still makes up 30 per cent of Rouleau’s marketing budget, however. He places corporate ads – photos of himself instead of properties – in luxury glossy magazines and in two local newspapers. He also distributes flyers in targeted areas, “which I honestly wish I did not do. I don’t think it’s environmentally friendly.” After spending his career at Groupe Sutton, Rouleau switched to Engel & Völkers four years ago, citing the brokerage’s “modern approach” to real estate. “The timing felt right. It’s actually a great decision. It’s really helpful to my business.”

hen Montreal-area luxury real estate broker Martin Rouleau started to use social media in 2011 to promote his business, people told him that “the $2-million vendors are not on Facebook.” But Rouleau didn’t listen to them and it turned out to be a smart move. He now conducts most of his marketing via social media and “business has been booming.” In fact, the Engel & Völkers broker was honoured by the brokerage in 2018 as one of its Top 10 in the world.

Martin Rouleau

they see me every day when they open their computer. Also, it shows your clients that you are working and producing.” Rouleau has 5,000 friends on his personal Facebook page, 10,801 on his business Facebook page, 24,400 followers on Instagram and 3,700 on Twitter. He also likes LinkedIn because it reaches professionals who are not on other social media.

Rouleau has 80 current listings worth $150 million, mostly in the tony Westmount area of Montreal.

Aside from being a social media buff, Rouleau conducts his entire business on the cloud. “I keep no paper in the office” and almost all of his business is done electronically. Everything is saved on Dropbox and all documents are readily available to each member of his team.

“Real estate and social media go hand in hand,” says Rouleau, who has a reach of more than 50,000 followers. “Using social media on a daily basis is a way to keep at the top of people’s minds,” he says. “Often, I’ll see contacts and they’ll tell me that

“I’m dealing with a big volume of sales and I find that in order for the whole team to be efficient everybody has to have access to the same information at a moment’s notice,” he says. “I don’t believe in hiding information. I think everything

has to be centralized.” Rouleau even forbids brokers from leaving a pile of paper listings in a house when they have a showing. “We are always improving our listings, so I always want to have the latest version on everybody’s phone or iPad to avoid mistakes.” He decided to go the social media route after returning from a two-year sabbatical from 2009 to 2011. During his sabbatical, he would go to Starbucks every day and noticed everybody had a computer and that there was always a Facebook page open. “I said to myself, ‘That’s going to give me enough business if I can reach all of those people.’ ” He ignored what his competitors were doing and started doing most of his marketing on social media. The strategy was: “I’ll let the competitors fight and get the bigger ads in the paper at $20,000 a page and I’ll just build my social media brick-by-brick.”

Rouleau usually posts twice daily on Instagram and everything is shared on all of his other platforms. A team handles his social media but “I keep a very, very close eye on how they post and I have meetings with them on the tone.” Most personal posts are created by Rouleau. “You have to be careful. You can’t just delegate all of your social media because then it’s completely impersonal.” He tries to combine lifestyle posts with real estate posts. “If you give them too much real estate it becomes a hard sell and people don’t like it. It has to be like a magazine – a bit of real estate, a bit of food, a bit of travel, a bit of family. But it’s always focused mostly on real estate.” Rouleau says given the comments and the numbers of likes he gets, the current format is what most followers want to see. He uses a high-end photographer for real estate photos

and spends a lot more for the images than competitors “because I always say we don’t have a second chance to make a good first impression on the Internet. Today, people don’t talk to each other; they just look at visuals.” Clients are more than happy to see their houses on his posts, he says, and often ask, “When are you going to post my property again?” After all, he notes, “real estate is a happy subject. Nobody gets bored of a beautiful interior.” While Rouleau says it is important that he show on his posts that he is successful, it has to be done honestly and without bragging. “You have to show them that you’re doing well. But you also don’t want to get on people’s nerves. It is a fine line. You don’t want to rub it in people’s faces.” Rouleau urges less tech-savvy agents to make an immediate switch to social media and the cloud. Otherwise, “you will lose market share to the new generation of tech-savvy brokers.” New brokers are all on social media and those that are not will see a hit to their bottom line “because social media is a lot less expensive than any print advertising,” he says. “Social media and real estate go well together. People on social media love seeing beautiful properties. It’s something people can dream of, can use to compare with the value of their own home.” REM

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22 REM OCTOBER 2019

ason Yochim has been named inaugural CEO of the Saskatchewan Realtors Association. Yochim will assume his new responsibilities on Jan. 1, 2020, when the association is formed through an amalgamation of the Association of Regina Realtors, Association of Saskatchewan Realtors and Saskatoon Region Association of Realtors. Yochim has experience in sales, leasing, training, property management, project development, construction and association management. Prior to his appointment as

CEO of Saskatoon Region Association of Realtors in 2011, Yochim served as realty manager with the Ministry of Government Services and as a residential Realtor for 13 years. He is also an active member of the business community, most recently serving as president and Human Resources Chair of the Greater Saskatoon Chamber of Commerce. The new association will include more than 1,500 real estate brokers, salespeople, property managers and affiliates. ■ ■ ■

The Alberta Real Estate Association (AREA) recently introduced a new interactive housing statistics dashboard on its website (www.albertarealtor.ca), equipped with 18+ years of resale data. Ann-Marie Lurie, AREA chief economist, says the statistics tool can provide consumers with insight into “current movements in supply, demand and prices at both regional and provincial levels. “For the first time, the public can get a look into the housing market in an easily digestible format, giving them enough information to understand Alberta market movements on their own accord,” Lurie says. ■ ■ ■

A survey commissioned by the Ontario Real Estate Association (OREA) says Ontarians believe their municipal governments could be much more efficient with use of their funding, with about 70

per cent agreeing that a lot more could be done to find savings and control spending. Only one-third of Ontarians feel municipalities should have greater tax powers, with about the same number of homeowners saying the annual property tax increases in their community have been fair and reasonable. “In the past, some municipalities have asked for the ability to implement a municipal land transfer tax upon home purchases, or a new sales tax. Municipal governments have a responsibility to their residents and should first and foremost be looking to make better use of their resources before deciding to implement new taxes,” says Tim Hudak, CEO of OREA. The report also found that certain local services are viewed as operating more efficiently than others. A majority of Ontarians believe that their local firefighting, garbage collection/waste disposal and police services make efficient

Scholarship award recipient Paris Liu with LSTAR CEO John Geha, left, and LSTAR president Earl Taylor.

use of their funding, while only 40 per cent believed local school boards and municipal roads were efficient. ■ ■ ■

The Realtors Association of Grey Bruce Owen Sound (RAGBOS) recently held its annual golf tournament in Port Elgin, Ont. The event raised $23,000 for Habitat for Humanity Grey Bruce, which has committed to building six new homes in Neyashiinigmiing, Cape Croker in 2019. Since 2000, the RAGBOS Golf Tournament has raised more than $310,000 for the local Habitat for Humanity branch. ■ ■ ■

The London and St. Thomas Association of Realtors (LSTAR) has awarded $4,500 to three exceptional local students, supporting their post-secondary endeavours. The 2019 recipients are: Ziyan (Angela) Cai, daughter of LSTAR member Yingen Xue and Yanxu Cai; Paris Liu, daughter of LSTAR member Libo Liu and Li Cai; and Santiago Solarz-Meyer, son of LSTAR member Peter Meyer and Barbara Meyer. ■ ■ ■

Brampton Centre MPP and Ontario NDP Deputy Leader Sara Singh joined OREA for a roundtable discussion about housing affordability.

Jason Yochim

RECO’s new education program will achieve higher levels of professionalism

By John DiMichele arlier this summer, I met with Miguel Lameiro, Humber College associate dean of program delivery, education and training solutions. Miguel provided me with a firsthand look at the newly designed pre-registration education program being overseen by the Real Estate Council of Ontario (RECO) and offered through Humber College. For those looking to enter the real

estate industry, I am confident the new standards being implemented by RECO will raise the bar and take the education of those trading in real estate to new heights. This program, and RECO’s White Paper, which outlined their Registration Education Vision, provide a clear path forward. After my visit, I can say with confidence that it appears they are well on their way to achieving the vision set out in the White Paper and they are doing what they said they would. The program will go a long way in preparing new registrants by equipping them with a greater understanding of what’s required in the profession to serve businesses

and the home buying and selling public. What’s more, the path set by RECO is focused on a secure and consistent quality system and training program that balances their mandate of compliance and consumer protection with the delivery of sound quality training. If new entrants looking to trade in real estate are subjected to more rigorous and practical training from day one, they will be better prepared to conduct their day-to-day business when they graduate. This means Realtors educated through the new system can hit the ground running faster, with greater knowledge and some practical experience. It will be easier for

them to interact with other professionals and will raise the bar across the real estate profession. The program also pushes the dial forward on RECO’s mandate to promote consumer protection in our industry: real estate professionals who are better trained and better prepared to serve their clients. In short, the new program is good for the profession as well as for home buyers, sellers, renters and businesses, and I wish Miguel and RECO the best of luck as they move forward. John DiMichele is chief executive officer of the Toronto Real Estate Board. REM

Brampton Centre MPP and Ontario NDP Deputy Leader Sara Singh joined the Ontario Real Estate Association (OREA) recently for a roundtable discussion on housing and real estate in the region. Held in Brampton with the Brampton Real Estate Board, the recently appointed Housing Critic participated in discussions concerning housing supply, cost of living and home ownership. “What is clear is, if we are going to invite investment into our communities, we must be able to provide a diversity of housing options, especially those that are affordable,” says Singh in a news release issued by OREA. The improvement of housing in Ontario is one of the major focuses of the NDP. In addition to improving rent control and updating rules to protect tenants and buyers, the party has highlighted affordable housing as a key party objective, says OREA. In recent years, OREA says the Ontario NDP has stood up for Ontario Realtors through their support of the Tax Fairness for Realtors Act. REM

CRAFTING BESPOKE LIVING SINCE 1977.

WE ARE ENGEL & VÖLKERS.

When Christian Völkers founded a boutique real estate shop, he developed a unique culture that guides every Engel & Völkers advisor as they craft a bespoke experience for each of their clients, from Miami to Majorca, Boston to Belize and everywhere in between.

Engel & Völkers Canada 2 Bloor Street West . Suite 700 . Toronto . ON M4W 3RI . Phone +1 416-323-1100 Learn more at evfranchise.com

©2019 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.

24 REM OCTOBER 2019

5 tips to help build a great reputation By Joe Richer

Welcome, Rocky Sekhon of RE/MAX Paramount Realty! We are thrilled to announce that Rocky Sekhon will be opening the doors to a new RE/MAX ofďŹ ce in Mississauga. Located at 7420B Bramalea Rd in Mississauga, RE/MAX Paramount Realty will service primarily residential sales with some commercial trade.

Rockyâ&#x20AC;&#x2122;s main attraction to the RE/MAX bra rand is that, simply put, itâ&#x20AC;&#x2122;s the best name in Real Estate. Es With the balloon ďŹ&#x201A;ying high above him, he is looking forward to leading his successful tea eam of realtors to achieving their highest potentia tial and taking advantage of all the RE/MAX bra rand has to offer.

As his father, brother and cousins are all part of the industry, Rockyâ&#x20AC;&#x2122;s passion for real estate began early on. Rocky has been a realtor for 15 years and actively involved in the brokerage business. His career has been driven on the desire to pass along his knowledge of the industry to his clients and his team of highly professional, ethical and well-trained realtors.

Rocky plans to support thee Childrenâ&#x20AC;&#x2122;s C Miracle Network and also believes es in supporting local youth sports programs as a business bu sponsor, to ensure the teams are provided with equal opportunities. Congratulations, and an we look forward to your continued succeess!

If you are interested in ownership opportunities with RE/MAX, the largest most productive reeal estate brand, contact Jennifer Dominey at 1.647.519.773 or Simon Schneider at 1.647.951.1468 to arrange your conďŹ nďŹ dential meeting, or visit remaxintegra.com.

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Sheri Dâ&#x20AC;&#x2122;Aoust Opens Doors to RE/MAX Frontline In Perth We are happy to announce that Sheri Dâ&#x20AC;&#x2122;Aoust, a current RE/MAX Riverview agent has acquired the RE/MAX Riverview Realty Perth location and opened the doors to RE/MAX Frontline. Sheri has taken over the operations from John Jonkman, who has been a dedicated Broker/Owner in the area for 14 years. Thank you John, for your commitment to growing the RE/MAX brand! Servicing the areas of Lanark County, Ottawa-Carleton, Leeds, Grenville & Frontenac County, Sheri and her team at RE/MAX Frontlineâ&#x20AC;&#x2122;s primary focus is on the needs of their clients and making the buying and selling process as simple, clear and smooth as possible.

With nearly 10 yearsâ&#x20AC;&#x2122; experience in the indus ustry, Sheriâ&#x20AC;&#x2122;s true passion for real estate began after her er success in multiple investment properties and wor orking closely with local realtors. Her team pride also so comes from their commitment to the local communitity O\R charitable events, such as golf tournamentss and a sponsoring local events such as the Stewart Parkk Festival. Her decision to back her business with RE/M E/MAX, an internationally renowned and reputable br brand, was an easy one. Sheri stated that with RE/MAX,X, nno matter what city, town or rural area you are in, RE/ RE/MAX is the name you can trust. Congratulations, She heri! We are excited for your current and future succes ess!

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henever I speak to real estate boards and brokers of record, I like to remind them that consumer protection is a shared responsibility between the provincial real estate regulator and the profession. In Canadaâ&#x20AC;&#x2122;s largest province, the Real Estate Council of Ontario (RECO) does a lot to help maintain strong public trust in the provincial real estate marketplace, but that trust largely depends upon the conduct of RECOâ&#x20AC;&#x2122;s 86,000 registrants: salespeople, brokers and brokerages. The industry leaders Iâ&#x20AC;&#x2122;ve met are eager to work with RECO to raise the bar of professionalism, and they often ask me about recommended best practices for their staff. With that in mind, I offer these five tips that will help you build a great reputation in the industry and among consumers. 1. Inform your clients about their rights and responsibilities. The best real estate salespeople are those who teach clients about their rights and responsibilities and walk them through every line of text on any document theyâ&#x20AC;&#x2122;re asked to sign, explaining in plain language what everything means. Itâ&#x20AC;&#x2122;s the only way a consumer can make an informed decision. Theyâ&#x20AC;&#x2122;re the kind of salespeople who demonstrate their value to satisfied clients and get positive word-of-mouth referrals. Theyâ&#x20AC;&#x2122;re also the kind of salespeople that other professionals like to deal with and you would want to represent someone you care about. Even if you donâ&#x20AC;&#x2122;t work in Ontario, I encourage you to visit the RECO website and look inside the Registrant Toolkit. Youâ&#x20AC;&#x2122;ll find videos, documents and social media infographics that registrants can personalize

and share with their clients. 2. Stay in touch with your provinceâ&#x20AC;&#x2122;s real estate regulator. Does your provincial real estate regulator have your current contact information, and are you receiving all of its notifications? Earlier this year, some registrants informed RECO they may have missed important notifications because certain emails were mistakenly sent to â&#x20AC;&#x153;spam or junkâ&#x20AC;? folders. Thankfully, that problem was fixed a few months ago, but it is always a good idea to check your spam folder now and then and ask your coworkers if they have received anything from the regulator. Email messaging is critical for keeping salespeople and brokers up to date on their education, registration, insurance and regulatory compliance requirements, and to communicate with registrants regarding inspections and disciplinary matters. 3. Take advantage of professional development opportunities. Employers, consumers, regulators and the profession as a whole expect salespeople and brokers to upgrade their skills and knowledge through continuing education. The world is changing quickly, and the best know they must keep up or they will be left behind. It is not enough to simply do the minimum mandatory training. You have to seek out other opportunities. Regulators across the country help registrants stay up to date on issues by publishing various communications around topical issues. In Ontario, that currently includes topics such as commission claw backs, the proper use of lockboxes and the rules governing advertising and social media use in the industry. RECO, like many regulators across the country, provides customized presentations that give members the opportunity to ask questions. If youâ&#x20AC;&#x2122;re in Ontario and your board hasnâ&#x20AC;&#x2122;t contacted RECO to request a presentation, you may

want to suggest it to them as a worthwhile professional development initiative. 4. Share your thoughts. I canâ&#x20AC;&#x2122;t speak on behalf of real estate regulators in other provinces, but my colleagues at RECO and I always appreciate hearing honest and candid feedback from hard-working salespeople and brokers. If you have a great idea to raise the bar of professionalism, I hope you will speak your mind and share it. Thatâ&#x20AC;&#x2122;s why I encourage learners to take a few minutes to fill out the feedback survey thatâ&#x20AC;&#x2122;s included in every RECO Mandatory Continuing Education (MCE) course. We need to hear from salespeople and brokers like you in order to make continual improvements to the MCE program. 5. Make it clear that unethical or unprofessional behaviour wonâ&#x20AC;&#x2122;t be tolerated at your brokerage and report serious misconduct to your provincial regulator. Even a single case of misconduct can poison the publicâ&#x20AC;&#x2122;s perception of the profession. If thereâ&#x20AC;&#x2122;s somebody in your office who isnâ&#x20AC;&#x2122;t showing up for appointments or not treating consumers respectfully, tell them their behaviour is inappropriate and hold them accountable for improving it. If you believe theyâ&#x20AC;&#x2122;re breaking the law, tell your broker of record and your provincial regulator so the matter can be investigated and appropriate action can be taken. By following these five tips, you can help us maintain strong public trust in the real estate industry. We all have a role to play. Joseph Richer is registrar of the Real Estate Council of Ontario. He is in charge of the administration and enforcement of all rules that govern real estate professionals in Ontario. You can find more tips at reco.on.ca, follow on Twitter @RECOhelps or on YouTube. REM

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26 REM OCTOBER 2019

Solid returns expected for Canadian REITs By Don Procter

anadian real estate investment trusts (REITs) are “better positioned” to outperform most of their counterparts around the world over the next year. That is the word from a number of experts at the 15th annual RealREIT conference held at the Metro Toronto Convention Centre in downtown Toronto recently. At a roundtable discussion, John Murphy, real estate securities analyst of Cohen & Steers, told a packed room that Canadian retail REIT portfolios in particular look more promising than comparable REITS in almost every country, including the U.S. and Australia. Other nations now face the retail real estate problems that Canada saw with the likes of Sears, Zellers and Target, he said. REITS in rental housing “will have a lot of tailwinds going forward” in Canada as enthusiasm for home buying continues to cool, added Murphy. Kate MacDonald, portfolio manager of global real estate, Signature Global Asset Management, echoed Murphy’s sentiments, adding that apartments and the industrial sector “are enjoying some of the strongest real estate fundamentals.” Tom Dicker, also on the roundtable, said there is confidence in Canada for good reason. “We have a developed (relatively stable) market, good banks, population growth . . .” Dicker is vicepresident and portfolio manager of Dynamic Funds. Two of four panelists at the morning roundtable forecast Canadian REIT returns over the next year at five to eight per cent, but Murphy was more optimistic, projecting 10 per cent partly because of the “lower for longer” interest rate environment. “Twelve months ago, I would have expected the multi-year tailwind of interest expense savings to be reversing. Now that is not going to happen.” Derek Warren, portfolio manager of real estate equities

for Lincluden Investment Management, projected REIT growth of five to eight per cent “but with a bit of a rollercoaster inbetween.” There will be “a bit of a shift” away from expensive sectors in industrial and residential to diversified sectors, he told the audience. Tricon Capital Group’s acquisition of Starlight U.S. Multi-Family Core Fund in June is one to keep an eye on, said MacDonald. The move provides Tricon with a multi-family platform that includes 7,300 units in 23 properties. Like Warren, MacDonald forecast mid to high single-digit returns on Canadian REITs over 2020.

On the RealREIT panel, from left: Philip Fraser, president and CEO, Killam Apartment REIT; Jodi Shpigel, senior VP, development, First Capital Realty; and Don Clow, president and CEO, Crombie REIT.

From left: Tom Dicker, VP and portfolio manager, Dynamic Funds; John Murphy, VP, real estate securities analyst, Cohen & Steers; Kate MacDonald, portfolio manager, Global Real Estate, Signature Global Asset Management; and Derek Warren, VP, portfolio manager real estate equities, Lincluden Investment Management.

Less optimistic was Dicker, who said that a yield of two per cent on REITS next year might be realistic. “The probability that we are in a recession today is not zero (but) they are priced like it is zero. Certain areas are overvalued in this era of scarce growth and recession risk. My best investment idea is: be careful.” The impact on investments of three key sustainable factors measuring the ethical impact of a company or business was also discussed at the roundtable. Those three measures – environmental, social and governance – represent a company’s ESG. While governance (staffing, for example) is

straightforward, Dicker said environmental and social factors are “more nebulous” and therefore difficult to calculate. “There is certainly not a lot of auditing to ensure . . . disclosure of the good and bad of the environmental impact. . .” of a development. Dicker said, however, that ESG is getting a lot of attention because it might become an important rating factor. “Are we going to see the ‘sustainalytics’ (a country’s risk rating to long-term prosperity) . . . have the type of effect that, say, a bond rating does on publicly traded equities where you get a downgrade in your ESG score and your stock falls a whole

bunch the next morning?” Murphy said Cohen and Steers uses a third-party consultant to help develop its internal ESG scorecard. It evaluates companies in two ways: by their sector and what they are doing (regardless of their property type) to improve their ESG performance. An example of a company that scores high on “E” in the ESG ratings is a self-storage business because its environmental impact is low. “Their buildings don’t use a lot of energy and there isn’t a lot of car traffic,” Murphy said. “They score very poorly on the ‘G’ because the workforce tends to be high school grads with lower wages than, say, a net lease company that is staffed by 10 finance grads.” MacDonald said there are only five Canadian REITS with a sustainability score or rating. “It (ESG) is really in its nascent stage. We don’t have a formalized process but increasingly it is becoming a part of our framework.” She said Global Property Research recently launched three ESG-related indices. “We will be watching very closely how much capital these ESG-oriented indices attract.” In a second seminar covering REIT risks, panelist Mario Saric, managing director, real estate and REITs, Scotiabank, said of all real

estate sectors over the next 12 months, apartments and industrial “still have room to grow.” Mitigate risks in supply-constrained markets by developing in good locations: high-gross neighbourhoods accessible to public transit routes, added Jodi Shpigel, senior vice-president, development, First Capital Realty. Most of the panelists agreed that development deals with less than five-per-cent returns were a no-go. But Shpigel told the seminar audience that returns depend on the location in Canada. Five per cent is good in Toronto where cap rates are low but go for higher yields in Montreal because of higher cap rates. “Out west it is the opposite,” she said. Panelist Hugh Clark, executive vice-president, development Allied Properties REIT, said the size of the development impacts how much risk Allied will take on. The company is less apt to focus on mega projects than smallerscale ones. “And if it does go bad, earning a five-per-cent return on a $100-million project is much more understandable – and you can recover from it – versus a $1.5billion project.” The conference was organized by the Real Property Association of Canada and Informa Markets in partnership with principal sponsor RBC Capital Markets Real Estate Group. REM

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28 REM OCTOBER 2019

Kitec: What you need to know

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By Martin Rumack

itec piping was sold and used between 1995 and 2007. It was used in new home construction and in renovations of some existing homes as a piping system for carrying water throughout the house, and for supplying water to radiant heating systems for both the home and for flooring and heated towel racks. The outside is prominently stamped with â&#x20AC;&#x153;Kitecâ&#x20AC;? and is made of plastic (cross-lined polyethylene or PEX), while the inside is lined with aluminium. The pipe is usually orange in colour, but in some cases may be blue, grey or white. Whatâ&#x20AC;&#x2122;s the issue with Kitec? Some homes that contain Kitec have reportedly been riddled with problems: deterioration of the fittings, as well as the disintegration of the pipes themselves in some cases. The problems with Kitec were so significant and so rampant that the manufacturer, IPEX, was sued by various end users in the U.S., Ontario and Quebec in a class action lawsuit. IPEX eventually settled those claims for $125 million. If you think you may be eligible to take part in that settlement, contact a lawyer and see http://www.kitecsettlement.com for more information. The deadline for submitting a claim is January 9, 2020. The result of these problems, and the ensuing frenzy of corporate litigation, is that in the resale market there appears to be a stigma affecting those homes containing Kitec pipes â&#x20AC;&#x201C; similar to the stigma that affected those homes containing urea formaldehyde foam insulation (UFFI) in the 1970s and 1980s. That stigma continues today, which is the reason for the UFFI clause in all Agreements of Purchase and Sale. The agreement should also provide a representation and warranty that the property does not contain Kitec. To amplify the problem, some insurance companies are now

refusing to provide insurance for properties containing Kitec based on the insurersâ&#x20AC;&#x2122; liability risk assessments. Many financial institutions require confirmation that the property does not contain Kitec. This makes these properties even less attractive to potential buyers. The issue is not confined to single-family homes that may have Kitec installed â&#x20AC;&#x201C; it also affects many condominium buildings that also contained or still contain Kitec. These condominiums now face major expense and inconvenience to have it removed and replaced. The financial costs of remediating this problem has resulted in many condominiums requiring special assessments levied against the owners to fund the removal of the Kitec and installation of proper piping. Owners and property managers must disclose the presence of Kitec if it is contained in the common elements of the condominium and/or the units themselves. These large-scale remediation undertakings can even spark costly litigation. In a recent Ontario court decision, for example, the court was asked to rule on the fairness of the tender process that was used by the condominium corporation to solicit bids by contractors to participate in a very large-scale Kitec replacement project covering 209 units in a 10-storey building. In that case, the dispute was between the corporation and one of the unsuccessful contractors, who had assumed â&#x20AC;&#x201C; based on certain verbal dealings with the condo board â&#x20AC;&#x201C; that he would be chosen as the single contractor hired to replace all the heating piping, including the pipes located inside the individual units. In fact, there was something of an informal solicitation by the condo corporation, directed at him and at least two other bidders. This prompted some misunderstanding on whether a contract had ever been reached with him, and on the level of commitment to the remediation plan he proposed. There were also some objections by unit owners who did not want the particular contractor to do the work within their specific units.

Against the background of this dispute, the court ordered the condominium corporation to use a formal tender process to solicit bids from a wider base of contractors. Perhaps ironically, that process resulted in the contractor being excluded even though he had previous experience working in the building, and even though the condo corporation itself seemed to want to choose him for the work. Nonetheless, the corporation awarded the Kitec remediation contract to someone else. The contractorâ&#x20AC;&#x2122;s motion for summary judgment, asking the court to recognize the existence of a contract and awarding him damages, was dismissed. The matter was sent on to trial, but not before the condo corporation incurred significant legal fees to get the matter dismissed by the court at the early stage. (The main trial in this matter is still pending.) The case highlights the fact that Kitec remediations can be complex, involving unforeseen parties and prompting costly unwanted litigation. Here are some tips on what to do if you own, or suspect you own, a property with Kitec installed. How do I find out if my home has Kitec pipes? If you have a home with radiant heating and a water heating system that was installed between 1995 and 2007, it is worthwhile to have a qualified plumber come in to do an inspection to determine whether Kitec was used in the installation, and if so, whether there has been any deterioration or damage. If it turns out that Kitec has been used in your home, the best thing to do is to have it immediately replaced. With that said, the decision may be contingent on various things, including the plumberâ&#x20AC;&#x2122;s assessment of any damage versus the estimated replacement cost, and whether you are planning to sell the home in the future. What if decide to sell my home? Continued on page 33

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30 REM OCTOBER 2019

Staging and real estate ethics

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By Christine Rae

he professional integrity and standard business practices of those working in the real estate industry, (agents, lawyers, mortgage brokers, banks, title searchers) are understood to be ethical, honest and fair. Real estate professionals are bound by a strict code of ethics, requiring compliance with the law, government legislation, professional knowledge requirements and competence. Failure to adhere, observe and comply with the code may bring about disciplinary action or even render them not fit to hold a license. Here is the quandary: Staging is a non-regulated industry, so none of the above applies! Every day, real estate staging professionals struggle to maintain professional boundaries with real estate agents and their clients while delivering quality service and exceptional results. Stagers’ work performance is frequently compromised by requests or actions of well-meaning real estate agents or a non-educated seller. Real estate agents and sellers need to know when hiring a stager that there is no universal code of ethics, there are no standards for pricing, payment, policies, contracts or even insurance requirements. There are four staging associations. Some work to foster professionalism among members, provide advocacy and they do have a code of ethics, but membership is not required to operate a staging business. Stagers choose to belong and membership only requires payment of a fee. There are no minimum standards such as education, licensing, certification or insurance, hence the challenges. Here are some of the ethical issues that crop up in the staging

industry. Spoiler alert: It’s not always the stager who is guilty of unethical behaviour. 1. Shockingly, many stagers do not have rudimentary best practices for their business; they don’t know what they don’t know, they aim to please and in doing so compromise business standards for stagers as a whole. 2. Cheap pricing usually means sacrificing service or quality, resulting in compromised satisfaction levels. The same is true in real estate staging. Going by the lowest price is not the way to select a mechanic, a home inspector, an electrician, a restaurant, clothing or even

Stagers’ work performance is frequently compromised by requests or actions of well-meaning real estate agents. detergent. Increasing pressure from agents for stagers to keep fees low results in disappointment, because compromised staging results in either more days on the market or equity loss. 3. Some stagers buy furniture and accessories for a staging and then return it to the store. This is highly unethical and banned by the real estate staging association; it is regrettably a common practice with stagers who struggle to keep pricing low. It is reported that some agents encourage their clients to do this or even do it themselves. 4. Some stagers plagiarize the work of others, displaying photos that don’t belong to them on social media and websites. Some even use stock photography! 5. Stagers say agents have

asked for a referral fee. 6. Stagers have been asked to “cover up” defects in a house (such as placing carpets over stains on the flooring). 7. Some agents delay payment, won’t pay the stager or refuse to honour the standard practice of payment upfront. (In my opinion the seller should be paying.) 8. Stagers are being asked to only do a partial consultation or even a partial staging. I am sure the request comes from a place of conservation of feelings or cost, but what is at stake? The National Association of Realtors reports that 90 per cent of homebuyers can not visualize beyond what they see. If what they see isn’t what they want, they will move on.

The dilemma for a stager “I am being asked by a professional working in a regulated industry to do something I know to be unprofessional and likely unethical – should I do it?” When they don’t know what to do, stagers cave and both industry standards are compromised. Stagers must hold themselves accountable to a higher standard. The real estate industry as a whole needs to adjust its perspective of staging. Staging is NOT decorating and NOT everyone can do it well. Executed properly and thoroughly, it is as valuable as a home inspection. Can you ever imagine a real estate agent asking a home inspector to do a partial inspection? Sometimes, compromises have to be made; they need to be made by the seller. If the seller wants to play “equity jeopardy”, they must be given a full understanding of what is at stake. Christine Rae is president of CSP International Staging Academy (www.stagingtraining.com) and the author of SOLD and Home Staging for Dummies. REM

This System Made Me a Millionaire by the Time I Was 26 Years Old â&#x20AC;&#x153;Instead of reinventing the wheel, I was able to compress decades into months by following an already successful systemâ&#x20AC;? Hi, Craig Proctor here. Allow me to share with you how to get crazy rich during a â&#x20AC;&#x153;badâ&#x20AC;? real estate market. I donâ&#x20AC;&#x2122;t mean just make more money. Just juice the income a little. I mean: SKYROCKET your income. I mean: STUN everybody else in loud-mouth braggart at every meeting. I mean: ACTUALLY HAVE PEOPLE LINED UP, PRE-DETERMINED TO GET YOU AND ONLY YOU to

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a private banker, a wealth manager. I mean: actually living like the people who buy million dollar luxury homes from you. All while working LESS HOURS with LESS STRESS, doing fewer things, and getting greater results. Getting CrazyRich in real estate without having a disappointed and disapproving spouse and family. What you need is a system that works. Not a bunch of ideas. Not walking on hot coals or a bunch of motivational psychobabble. I have an absolutely proven system. Not â&#x20AC;&#x153;ideas.â&#x20AC;? Not new fads. A real system. That works regardless of market conditions. Anywhere. Any time. All the time. Now. This year. Next year. Itâ&#x20AC;&#x2122;s worthy of your time to investigate because after you work setting it in motion, it keeps working for you, permanently. You can just about â&#x20AC;&#x153;set it and forget itâ&#x20AC;?. Listen, most real estate â&#x20AC;&#x153;trainersâ&#x20AC;? and â&#x20AC;&#x153;coachesâ&#x20AC;? are just rearranging the deck chairs on the Titanic. It looks different and shiny â&#x20AC;&#x2DC;n new. Itâ&#x20AC;&#x2122;s still the Titanic. Itâ&#x20AC;&#x2122;s still headed straight for the giant iceberg. Most of them

have adopted the word â&#x20AC;&#x153;systemâ&#x20AC;?, but what they offer is hype. Frankly, Iâ&#x20AC;&#x2122;m not the most exciting guy. I approached my real estate career more like a â&#x20AC;&#x153;systems engineerâ&#x20AC;? than an excited, excitable salesman. Maybe my consistency and constancy is boring to some, but the most successful agents in many franchises, over 300 agents with ! of agents transformed from years of struggle to success â&#x20AC;Ś all of them are using my system. Get this: crazy-rich level success in this business is NOT about anything â&#x20AC;&#x153;NEWâ&#x20AC;? at all. Sorry. Itâ&#x20AC;&#x2122;s about putting the right proven pieces, strategies, methods and tools together in just the right way so that

you wind up with â&#x20AC;&#x2DC;The SYSTEM That NEVER Fails.â&#x20AC;&#x2122; Crazy-Rich is hardly ever about invention. Itâ&#x20AC;&#x2122;s about implementation. Contrary to widely held belief, Henry Ford did not invent the horseless carriage or gasoline engine. He developed a functioning assembly line to make the damn things, and a dealer-franchise system to get them sold. Two systems. Implementation, not invention. Steve Jobs didnâ&#x20AC;&#x2122;t invent computers, PCâ&#x20AC;&#x2122;s or phones. Credit his unique approach to retail

$& ' systems. Fred deLuca at Subway did not invent cold cuts, the sub ) brought a system to it second-tonone, and got crazy-rich. â&#x20AC;&#x153;ITâ&#x20AC;&#x2122;S

THE SYSTEMâ&#x20AC;? is my rallying cry. I did NOT invent anything in my System. Much of it came from outside of real estate and was revolutionary in real estate, but each piece I put together already lived successfully elsewhere. Here are the three mindsets you MUST have: 1) You have to be businesslike. Most agents think and act like worker bees, buzzing

)

idea, fad to fad, made-in-minutes guru to guru. They never create businesses. Just jobs. You have to think like a builder and developer, not a pirate. Or just a salesman. You have to think like a guy who owns 50 Subway shops or the whole company, not the guy who owns one, or the guy behind the

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by Francis b F i Lavoie L i (Montreal, (M t l QC) QC

â&#x20AC;&#x153;I started in real estate in 2004 and was looking for ways to succeed. I noticed that other agents either had lots of time to enjoy life but made little or no money, or they sold a lot of houses but had no life (and burnt out!) After a couple of years of hard work and long hours, I found myself in the latter category. I made a good living doing 25-30 transactions per year, but had no time for myself or my loved ones. I kept telling myself, â&#x20AC;&#x2DC;There must be a better way. I canâ&#x20AC;&#x2122;t believe Iâ&#x20AC;&#x2122;m going to work 7 days a week,

physical health and start over every year for the rest of my working lifeâ&#x20AC;&#x2122;. â&#x20AC;&#x153;But in 2007, I found Craig Proctor and my view on life and business completely changed. I discovered how I could change the way I work and grow a real business rather than working in the real estate

business as an agent. that we are in the marketing business more than in the real estate business. Craig had the best marketing system to generate more customers and by applying that system I was able to double my

2009, weâ&#x20AC;&#x2122;d grown so big we had to create a team to serve all these new customers. Again, Craig had

Ranked #2 in Quebec and #1 for transactions

Top 25 team in the country

Top 60 team in the world In 2017, the business reached such a level of success that we needed to go that extra mile: we bought our own building and opened our own independent real estate agency Groupe l

â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;ve built a legacy and are now closing more than 400 transactions per year (almost $3 Million GCI) and giving back to our community.â&#x20AC;? the best team system to follow! Instead of reinventing the wheel, I was able to compress decades into months by following an already successful way of growing the business. Everything we applied was successful mostly because of the great support we got from Craig Proctorâ&#x20AC;&#x2122;s coaching system. â&#x20AC;&#x153;The growth was exponential every year. By 2010 I was earning over $1 Million GCI and was still only 26 years old. After being named #1 team in

a team for RE/MAX, a couple of years after, we reached the following milestones:

Lavoie. We are now closing more than 400 transactions per year (almost $3 Million GCI) while creating the perfect environment for real estate agents to do more transactions than they could imagine while enjoying a great work/life balance and ensuring a high quality of service to their customers due to all the support Groupe Lavoie can provide them. â&#x20AC;&#x153;Thanks to Craig and his systems, our team and I can build a legacy, helping more customers, enjoying a great life and giving back to our community in multiple ways!â&#x20AC;?

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counter making the sandwiches. 2) You have to intend to get and stay RICH in this business. This is for the agent with ! or her mind AND determined to earn it without selling soul to soul-numbing activities like open houses, doing listing presentations for prospects also having 4 more agents â&#x20AC;&#x153;auditionâ&#x20AC;?, playing tour guide, pushing business cards on people at cocktail parties, cold-calling FSBOâ&#x20AC;&#x2122;s and others. You have to be fed up, worn out and frustrated with the way most good-income agents work and everything they trade away for their income and absolutely committed to a better way of life. Itâ&#x20AC;&#x2122;s said no team can start winning until they are absolutely disgusted and angry and fed up with losing. You can be making a good income in real estate and still be losing. " # experience Iâ&#x20AC;&#x2122;ll share with you. 3) You have to be able to focus and employ self-discipline, to stick with a winning plan once you get one. Thereâ&#x20AC;&#x2122;s no point in wasting your time or mine if you have the attention span of a ferret drinking Starbucks, the self-control of Donald Trump, and the self-discipline of a puppy. Warren Buffet has not changed his investment selection system one iota in at least 20 years. Disney has gone through two CEOâ&#x20AC;&#x2122;s since Walt. Their system for successful storytelling has never changed or wavered. FROZEN was built on exactly the same premise and template as was Snow White. ADHERENCE TO SYSTEM makes you crazy-rich. Flitting about has you starting over, over and over and over again. Becoming a highly successful agent in your marketplace doesnâ&#x20AC;&#x2122;t happen by accident, it happens by deliberate and strategic design. Iâ&#x20AC;&#x2122;ve written a Free Report called, â&#x20AC;&#x153;The Real Estate Market Domination Checklistâ&#x20AC;? ! # egies you must master to

To learn what to do and what it takes to be a SuperSuccessful Real Estate Agent in Canada, get your FREE copy of â&#x20AC;&#x153;The Real Estate Market Domination Checklistâ&#x20AC;? by visiting www.CopyMillionaireAgents.com

32 REM OCTOBER 2019

Wayman was named the 2019 Riders for Ryder’s MVP. She took a hard fall on the first day but didn’t give up – she kept going until she reached the finish line on day two.

Robin Murray and Keeley Ward prepare to take part in the 11th Annual Ride for SickKids.

■ ■ ■

Good Works R

ecently 16 agents and managing brokers from Dexter Realty took part in 225-km and 260-km bike rides to conquer cancer. The team, captained by Jimi Brockett, included Cathie Cline, Connie McGinley, Jeremy Alexander, David Peerless, Frank Crudo, Kevin Banno, Kevin Skipworth, Louis Dupuis, Marcus Maia, Marilou Appleby, Newell Cotton, Scott Evans, Spence Cotton, Sharon Wayman and Sue Godlonton. When they set out on August 24, they’d already raised $54,015 for the cause. By the time they reached the finish line, they’d raised $62,000. Brockett lost his son Ryder to cancer in 2009. At the time, he

owned Sharpey’s Cycles and had been contacted by the B.C. Cancer Foundation about renting his cycle shop for the ride. That call sparked the need to conquer the 225-km ride in support of his son and all others fighting to survive. Since that first year, Riders for Ryders has continued to grow, with local businesses and teams joining forces. Since forming in 2009, Riders for Ryders has raised close to $4 million in rides across Canada. “We’ve lost Dexter agents to cancer, and their loss has left its mark,” says Peerless. “The cause hits close to home for everyone. We all know someone affected by the disease – our own Sharon Wayman is a cancer survivor.”

Recently Sutton Group Lethbridge held a barbecue outside its office during Lethbridge’s annual Whoop Up Days Parade. Sales associates, staff and their families helped to organize the barbecue and prepare and sell the sizzling hot meals. They raised more than $700 to support the Logan Boulet Endowment Fund, which was established by Logan’s family following his tragic death in 2018. He and 15 others lost their lives in the Humboldt Broncos bus crash. “All funds raised were originally going to be donated to the Logan Boulet KidSport Fund, a local KidSport chapter established with the help of Logan’s parents, Toby and Bernie Boulet, so all kids can play, and to honour Logan’s memory,” says Trish Lyons, coowner/associate broker at Sutton Group - Lethbridge. The Boulets

From left: Bill Anglin, sales rep at Re/Max Ocean Pacific Realty and Comox Valley Health Care Foundation director; sales rep Jen Bood; and golf tournament prize winner Janine Martin. More than 300 people took part in the Re/Max Check Realty event.

Continued on page 33

The Melody May Team at their second Car Wash for Shelter, from left: Zach Berard, Melody May, Jeffrey Bridges and Colleen Murphy.

Sharon Wayman of Dexter Realty rode on despite her injury.

Bart Neville presents the bursary to Nick McKay.

At the Sutton Group barbecue, from left: Jo Ann Kelly and her grandchildren, Doug Higo, Liz Higo, Melissa Vander Heyden, Toby Boulet, Bernie Boulet, Trish Lyons and Louise Zieffle.

The sales reps at Century 21 Kootenay Homes raised $5,000 at a recent golf tournament.

Weighing in the day’s catch at the Royal LePage Broker/Owner Fishing for Shelter event in Campbell, River B.C., from left: Andrew Wildeboer, Rob Wildeboer and Jason Ralph.

Golfers at the Royal LePage Binder Real Estate Charity Golf Tournament, from left: sales reps Ron Friest, Rob Schussler and Scott Carter; and guest Matt Plant.

The SilSells team has raised $43,000 during the last four years.

Cutting the ribbon for the new washroom, from left: Paul Van Grootheest, Eric Van Grootheest and Fergus Mayor Kelly Linton.

REM OCTOBER 2019 33

Good Works Continued from page 32

were the parade marshals and came to the barbecue. “Toby mentioned that the Logan Boulet KidSport Fund has now raised well over $100,000. He suggested that we consider donating to the Logan Boulet Endowment Fund, which supports multiple causes that were important to Logan, such as organ donation, youth participation in sport and the Special Olympics,” says Lyons. “We feel that this was a great suggestion by Logan’s father, so that is now where the funds will be donated.” ■ ■ ■

Century 21 Aspire Realty in Petawawa, Ont. recently awarded a $500 bursary to local student Nick McKay. “The goal of the bursary is to reward students who do a fifth year of high school to gain life experience before going off to post-secondary education,” says Bart Neville, owner of Century 21 Aspire Realty. “The Petawawa community is small but strong. It is always great to see what the students accomplish post-graduation.” ■ ■ ■

Royal LePage Binder Real Estate in Windsor, Ont. raised $36,000 at a recent charity golf tournament, held in support of the Royal LePage Shelter Foundation. The funds will benefit Hiatus House, a local women’s shelter. “This is the 15th year we’ve held this tournament,” says Royal LePage Binder Real Estate owner Frank Binder. “To date, we’ve raised over $450,000 for charities in the Windsor area. We couldn’t be more proud of our impact for this important cause.” This year the money will be used to build a playground. ■ ■ ■

Every year, broker Keeley Ward of Century 21 Infinity Realty in Durham Region, Ont., along with her husband Robin Murray of Homespect Home and Property Inspections, participates in the annual motorcycle ride to raise funds for SickKids Hospital in Toronto. This year more than 500 motorcycles participated in the event, raising $101,750 so far.

Contributions can still be made online until the end of September. ■ ■ ■

Management and agents at Re/Max Ocean Pacific Realty in the Comox Valley, B.C. recently pulled together to host the 29th Annual Re/Max Comox Valley Health Care Foundation Golf Classic. The event was a near sell out and raised $51,650 that goes towards the purchase of health care equipment at the local hospital. ■ ■ ■

The Melody May team in Pointe-Claire, Que. raised $3,070 for the Royal LePage Shelter Foundation at the team’s second annual Car Wash for Shelter recently. A team of 25 volunteers washed and shined 75 cars. Although the weather wasn’t the best, the pouring rain held off until the end of the day. Past and current residents of the West Island Women’s Shelter dropped by to assist. “The impact of their presence was humbling and reinforced the reasons why we continue to do all we can to help those in our community who need safe shelter from domestic violence,” says May. ■ ■ ■

This summer in High Prairie, Alta., staff at Century 21 Sunnyside Realty took on a new event to support their local food bank. They banded together with three local businesses and in just two weeks, organized and hosted a charity bike ride. The eight riders raised $2,430. They plan on running the event again next year with more time and resources. “When your town needs you, you do whatever it takes to help,” says Gordon Olson, owner of Century 21 Sunnyside Realty. “It was incredible to see the community come together instantaneously to show their support for the food bank. We can’t wait to see this fundraiser grow year after year.” ■ ■ ■

Royal LePage brokers/owners and managers from across Canada raised $5,680 in support of the Royal LePage Shelter Foundation at this year’s Fishing for Shelter event. Held at Painter’s Lodge in Campbell River, B.C., 33 boats pulled in more than 76 chinook and coho salmon – the most

impressive catch in the event’s sixyear history. Double this amount of salmon was also caught and released in support of conservation limits in the Discovery Pass waters. Funds were raised via a live auction and generous donations, all of which will be directed to programs from coast-to-coast that aim to break the cycle of family violence. ■ ■ ■

The Van Grootheest Team of Century 21 Excalibur Realty recently opened a new washroom at Forfar Park on Gartshore in Fergus, Ont. The town of Fergus had been planning on putting a public washroom at the park for 10 years but the funds and human resources were never there. “The Rails-to-Trails bike path is a very important part of our community and something we want to preserve. Having access to public washrooms on the trail was something that was missing and was an issue that we could fix, says Paul Van Grootheest, owner of the brokerage. He and his team designed and built the accessible washroom and then donated it to the town. ■ ■ ■

This summer The Red Carpet Crew (a team of Century 21 Heritage House sales representatives) brought the Kitchener community together with the Movie in the Parking Lot event. A crowd of

Kitec: What you need... Continued from page 28

If your home contains Kitec and you decide to sell without replacing it first, the existence of the Kitec should be disclosed, either on a Seller Property Information Sheet (if you are using one), or merely as part of the general disclosure obligation on the part of sellers that extends to any potential buyers. While it may be tempting to keep quiet and rely on the concept of “buyer beware”, the decision to provide up-front disclosure prevents the successful buyer from coming back to assert a legal claim for damages against you, should the previously undiscovered Kitec come to light postclosing, after costly repairs or replacement are needed. It also

350 people came to watch The Greatest Showman with family and friends. It was a great opportunity for Kitchener residents to mingle and get to know each other while enjoying free popcorn and a movie. ■ ■ ■

Silvana Bezina and her team, the SilSells Team from Royal LePage Meadowtowne in Georgetown, Ont., held their fourth annual Movie Under the Stars event recently, raising $18,000 in support of local youth centres. The event has raised $43,000 during the last four years. “Our audience of over 1,200 people were so fantastic and supportive of the cause,” says Bezina. “The funds were donated to Halton Hills youth centres and used to support an intensive youth worker position at both the Acton and Georgetown locations.” ■ ■ ■

Century 21 Kootenay Homes recently co-sponsored a golf tournament with the Redstone golf course in Rossland, B.C. to raise funds for the Alzheimer Society of B.C. The event raised $5,000. The brokerage’s founding broker, Richard Daoust was diagnosed with Alzheimer’s. “The motivation for getting behind this cause is to support Richard and his family. Our office has decided to make the Alzheimer Society of B.C. the focus of our fundraising efforts,” eliminates any accusation against you that you have fraudulently misrepresented the condition of the property or have actively concealed the presence of Kitec; such allegations can be actionable in law and can result in costly litigation. And if the allegations are proven true, you can be liable to the buyer in damages, including punitive damages, as well as legal costs. If you decide not to replace the Kitec before listing it for sale, it may nonetheless be worthwhile to have a reliable quote for its replacement handy. This way you can use the information as a “bargaining chip” in the price negotiations with the buyer, when it undoubtedly comes up in response to your disclosure, or on his or her own initiative. Even if you are briefly tempt-

says Melannie Vockeroth, owner of Century 21 Kootenay Homes. “Most of the agents have opted into a donation fund of $10 per end and we have several more events on our calendar over the fall and winter. We aim to raise awareness while supporting families that are affected by this devastating disease.” ■ ■ ■

Re/Max Check Realty in Campbell River, B.C. recently hosted the third annual Super Hero Event for Children’s Miracle Network. The event was wellattended with more than 300 people coming out to stroll or run the along the seawalk. The event raised $14,838 for the B. C. Children’s Hospital Foundation in Vancouver. ■ ■ ■

Living Realty recently launched its third annual Thanksgiving food drive, which will run until the start of October. It collects non-perishable food items benefiting the Daily Bread Food Bank. Donation boxes have been set up at Living Realty’s branch offices in Markham, North Markham, North York, downtown Toronto and central Mississauga. Living Realty staff are on hand at each location to assist people with their donations. In addition, Living Realty will donate $1 to the food bank for every pound of food collected. REM

ed not to disclose the existence of unremedied Kitec, any prudent potential buyer will probably hire a home inspector, who is likely to point out its presence. This will put you back where you started, in terms of having to replace or account for the cost of replacing the Kitec in your home, with the added element of potential mistrust on the buyer’s part, when it comes time to negotiate a favourable deal. Toronto lawyer Martin Rumack’s practice areas include real estate law, corporate and commercial law, wills, estates, powers of attorney, family law and civil litigation. He is co-author of Legal Responsibilities of Real Estate Agents, 4th Edition, available at the TREB bookstore and at LexisNexis. www.martinrumack.com. REM

34 REM OCTOBER 2019

schools, school attendance, zones, SchoolQ scores, parks and recreation facilities, safety (including hospitals, police and fire stations), transit and more. Users can create reports for any address (over 10 million in total) instantly by typing an address into the search bar. SchoolQ is inviting each principal/administrator from every school in Canada to offer feedback about their school.

Whatâ&#x20AC;&#x2122;s

Smart sign delivers listing details to smartphones

New

A new smart real estate sign, the casaBEACON, delivers listing details to smartphones within a 250-foot (80-m) radius. Details can include listing pictures, video, virtual tours and audio â&#x20AC;&#x201C; any content a modern device supports, says manufacturer Deviceworx. The signs use a battery-powered â&#x20AC;&#x153;wTagâ&#x20AC;? device to interact with smartphones (Apple and Android), says Deviceworx CEO Mark Janke. A rider on the sign directs home buyers to download the casaBEACON app with the message â&#x20AC;&#x153;install â&#x20AC;&#x2DC;casabeaconâ&#x20AC;&#x2122; from your app store for 1-click access to details for nearby listingsâ&#x20AC;?. Janke

Site offers school data for 2,400 Canadian neighbourhoods A new website called SchoolQ.ca is designed to help parents make informed decisions about schools â&#x20AC;&#x201C; including specifics on school catchments, testing scores and â&#x20AC;&#x153;honest information about a schoolâ&#x20AC;&#x2122;s community, strengths and highlights,â&#x20AC;? says a news release from its creators. SchoolQ says it offers coverage and â&#x20AC;&#x153;hyperlocalâ&#x20AC;? content for 130 cities across Canada and 2,400 neighbourhoods. The site offers insight into

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says the app only needs to be installed and not run by the user when near listings. â&#x20AC;&#x153;A radio signal from the wTag is received by phones with the app installed and a notification is created on the phone screen. Clicking on the notification opens listing details for the house behind the sign. Buyers driving near listings simply click on notifications automatically shown on their screen to see listing detail for each house they visit.â&#x20AC;? says Janke. The cost is $75 for each wTag and $450 for the yearly service plan. Deviceworx is based in Vancouver. For information: www.deviceworx.com

VaultLocks integrates eLockbox with Schedulock VaultLocks, the electronic and mechanical lockbox manufacturing division of MFS Supply, has integrated its electronic lockbox, eLockbox, with Schedulock, a showing management system for real estate brokerages and their agents in the Greater Toronto Area. The move will increase security and streamline showings, the company says. â&#x20AC;&#x153;While MFS Supply has been doing business in Canada since 2010, we are pleased to partner with Schedulock to bring an electronic lockbox into the Canadian market to provide real estate brokerages with a comprehensive showing system that provides enhanced security enabled by our eLockbox,â&#x20AC;? says Jay Klein, general manager of MFS Supply. â&#x20AC;&#x153;VaultLocks supports integration with external software platforms through an easy-to-configure API, and provides secure, remote property access by distributing a unique, time-based access code every hour so that only those who are permit-

ted to gain access, have access at a specified date and time.â&#x20AC;? â&#x20AC;&#x153;Smart lockboxes have been a discussion in the GTA for years, but there had always been adoption and administration issues,â&#x20AC;? says Alex Poon, co-founder and CEO of Schedulock. â&#x20AC;&#x153;We are very excited to introduce a completely streamlined and secure showing process through the Schedulock showing management platform and VaultLocks eLockbox.â&#x20AC;? For information and to purchase Schedulock with eLockbox integration, visit https://shop.schedulock.com/ or call (647) 494-0109.

Silent Beacon offers new wearable safety device Silent Beacon, a new wearable safety device, offers features not available on other devices or Realtor safety apps, says its manufacturer. One push on the Silent Beacon simultaneously calls 911, alerts loved ones via text/email and sends your GPS location. The company says Silent Beacon grew out of the founderâ&#x20AC;&#x2122;s own brush with death in a motorcycle accident. Former Hollywood stuntman and YouTube star Kenny Kelley crashed while popping a wheelie on his motorcycle at 70 mph. He couldnâ&#x20AC;&#x2122;t even reach his cell phone to call anyone as he lay on the side of the road. In those long minutes of desperation, the idea for a wearable emergency communication device was born, the company says. After recovering from that crash, Kelley created Silent Beacon. The two-way communication device is designed for easy activation and avoidance of false alerts, the company says. It works internationally, so you can customize your primary call to the local jurisdictionâ&#x20AC;&#x2122;s 911-equivalent.

For information: https://silentbeacon.com/

Nina Doiron releases home staging podcast Home stager Nina Doiron recently launched the All About Real Estate Marketing Podcast, which she says was produced â&#x20AC;&#x153;specifically for real estate professionals who want to learn more about marketing strategies and tactics to help them propel their business to the next level.â&#x20AC;? Dorion says, â&#x20AC;&#x153;Marketing doesnâ&#x20AC;&#x2122;t have to be complicated. If fact, itâ&#x20AC;&#x2122;s quite simple, so long as the focus is on the buyers.â&#x20AC;? It is available through Podbean, Apple Podcasts and Google Play. If you have a tactic that works well and would like to be a guest on the show, Doiron invites you to contact her at ninadoiron@istagenorganize.com REM

Agents can see how many potential buyers clicked through to view listing details.

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