Real Estate Boards and Numbers

There are many Real Estate Boards throughout Ontario and each Board is connected to a group that shares its MLS listings.  Oakville (OMDREB) is tied to the Regional Board, Burlington and Hamilton has its own Board (RHAB), but is currently sharing with Regional, and Toronto, Mississauga and Brampton (and other markets) are on their own on TREB.

I’m going to use Oakville real estate in my example.  In the 4 weeks including June 5, 2016 – July 3, 2017 there were 238 sales in Oakville.  This information is contained in 441 listings that were posted.  Here’s what was posted and where:

  • Posted on OMDREB only ………………………………………….10
  • Posted on RHAB only ………………………………………………..3
  • Posted on TREB only ……………………………………………….46
  • Posted on TREB and RHAB ……………………………………….14
  • Posted on TREB and OMDREB …………………………………141
  • Posted on all three (OMDREB/RHAB/TREB) ……………..24

And why are the listings not all posted in the same place? It’s because not all registrants are members of all three boards.  People from all over the GTA are shopping … all over the GTA, so when I list a property in Oakville, I want to make sure the buyers and their representatives all over the GTA have access to my full listing, and not just what’s available on Realtor.ca.  60% of the listings in Oakville were listed on both OMDREB and TREB.  And 24 listings were posted on all three.

Each board has a different data form with different mandatory fields.  For instance, Regional, which is where OMDREB houses its listings, requires square footage as a mandatory piece of information and TREB does not.  Roof type is mandatory but the date the roof was replaced is a field, but is not mandatory.  In my humble opinion, more mandatory data is needed for all of the boards.  The data forms should contain ever bit of information that the buyers’ insurance broker will be looking for.

When I pull up stats for Oakville, I pull them up from the Oakville board.  But, the Oakville board is missing data for 46 sales, or 19% of the sales, which I think is a significant number.

I wish we could have one database and that all of the Boards would share the one database. This would eliminate duplicates and would make life simpler. It would also mean that all registrants in Ontario would have access to all of the data in Ontario.

 

 

 

 

Building in Oakville … Legally

I am very proud to be associated with two Registered builders in Ontario. The first one is our family business (Belsito Homes) and the second is affiliated with my brokerage (Stonemill Developments Inc.).  Both builders have zero conciliations and zero claims.

 

Being licensed and providing a Tarion Warranty isn’t optional. It’s the law! In Oakville, every legally built home has a Tarion enrolment number unless it was built by the homeowner, in which case there should be a Letter of Confirmation from Tarion (a new requirement for a building permit in Oakville).  Oakville is one of the following municipalities that is working with Tarion in a pilot project to help prevent illegal building. No Tarion enrolment or Letter of Confirmation = no building permit.

  • Barrie
  • Belleville
  • Collingwood
  • Greater Sudbury
  • Markham
  • Middlesex Centre
  • Midland
  • Newmarket
  • Niagara Falls
  • Oakville
  • Sarnia
  • Penetanguishene
  • Stratford

There are links to Tarion’s website below.

Builders who fail to register with Tarion can face legal action, resulting in possible convictions, heavy fines, and even jail sentences.

It’s not just the missing warranty that puts home buyers at risk. The Canada Revenue Agency will be looking for HST on a new build and there aren’t many ways to hide from the taxman, especially with easily traced documents on Real Estate Boards and Land Registry. CRA is currently targeting British Columbia’s illegal builders with audits and is hiring 85 extra staff to deal with the problem. It’s only a matter of time before the crackdown happens in Ontario. There’s a link to a CBC story about this below.

So it’s not the builder registration fee ($500) or the enrolment fee ($385 – $1,500) that the illegal builders are trying to save, it’s the underwriting and investigating that Tarion performs as part of the registration process AND it’s the 13% HST that they are trying to avoid paying along with income tax on the profit.  Being registered with Tarion would put these illegal Builders on the radar with CRA.

 

See links for more information below:

Requirements for Building Your Own Home

Building Your Own Home in Ontario FAQ

Letter of Confirmation Application Form

CBC’s story about CRA crackdown in BC20160512_094057

NOT across the industry!!

shutterstock_135232376I’m not worried about the CBC Marketplace report showing that some sales representatives or brokers are offering to break rules in order to double end a deal because I would not have been filmed doing this. This practice is illegal. There’s a big difference between Customer Service and Agency and we MUST be experts in knowing who we are talking to and what secrets we are giving away. CBC hasn’t named the people caught on tape breaking the rules, but hopefully our regulating body (RECO) will be able to get the names and punish the offenders appropriately. CBC’s reason for not giving up the names was that “experts told Marketplace the problems are not specific to individuals but exist across the industry”. I disagree.  During the past few years, I’ve been to hundreds of offer presentations on behalf of my Buyer clients and I can say that the majority of professionals are just that … professional.  Once in a while, we’ll come across someone who seems as if they may be breaking rules, but there’s not a lot we can do about it because of the secret nature of the multiple offer process.

The bottom line is that I would NEVER be filmed making these promises to potential buyer clients because I would NOT do this. If I am already representing the Sellers, I usually explain to any potential buyers that they will be treated as a customer. They’ll get honesty and fairness, but I will not divulge secrets.

We did have one situation where we listed a house and then our current Buyer clients wanted to make an offer. Pat sat with the Sellers and I sat in another room with the Buyers. I didn’t offer price advice to the Buyers but did follow their directions to improve their offer. I had no idea what the other offer was. My Buyers were very keen to get this house, likely had more money to spend, and they offered enough so that the Seller preferred their offer.  The only reason that these Buyers were treated as clients was because they were already clients. But that meant that neither Pat nor I could advise them about what price to offer. Nor could we advise the Sellers about what price to accept from these particular Buyers. This is Real Estate 101 and all of us should know this inside and out.

That doesn’t mean that Buyers aren’t under the impression that there is something to be gained by “going through the listing agent”.  A month ago I was sitting in a Tim Horton’s with some buyers who came through my Open House. We were going to be putting together an offer. They asked me to help them out with price … to give them a hint about what the Seller would accept.  I clearly explained, again, that the Sellers were the clients and that while I was very happy to be honest with these buyers, any fiduciary duties were owed to my Sellers, which means I would keep their secrets.  These buyers asked me if they should just get their own agent and I suggested that it might be the best idea. I got home an hour and a half later than I was supposed to, didn’t get the other side of that commission, but I did my job and I did it properly. My Sellers were well represented.  And if I had provided customer service to these buyers, I would have followed the rules to the letter.

If everyone understood Agency and followed the rules, we wouldn’t have to change a thing. Changing the rules so that Multiple Representation is no longer allowed wouldn’t stop what was recorded from happening. These offenders could just refer the Buyers to a friend who was in on the scam. The best way to handle this situation is to punish the offenders and the only way that RECO can investigate is if they have names.  It’s likely that these people would no longer be allowed to trade in Real Estate and that would be the best outcome.

Marketplace Story

 

Did you read Schedule B?

 

Schedule B.jpg

Someone asked why photos of the home they had purchased were still posted on-line and Joseph Richer, the Registrar of RECO, answered as follows: “once ownership of the home has been transferred to you — the new owner — a seller’s representative can’t make any reference to the property in advertising without your written consent. That includes posting photos of the home on their website or anywhere else.”

Mr. Richer went on to add that “before publishing an ad that contains the selling price, closing date or other details about the deal, a sales representative needs to obtain written consent from both you and the seller, regardless of who owns the property at the time of the advertisement.”

Have you given written consent to the listing brokerage to advertise these details of your agreement?  Look through your agreement for the listing brokerage’s Schedule B.

Most brokerages include clauses in a schedule to cover under what terms interest will be payable on your deposit. Other items are also included. I like to include a limit of one hour on any revisits and agreement that the deposit will be a bank draft. Sometimes there are clauses where the Buyer and Seller both agree that they have not received any professional advice from either brokerage like legal, engineering or environmental advice.

But there is a troublesome clause that I always adjust for my buyers, and that’s this one:

“In accordance with the Privacy Act (PIPEDA), the Buyers and Sellers hereby agree to allow the Listing Brokerage and their Representatives to distribute information pertaining to the sale of the property in future marketing material upon this Agreement becoming firm and binding. Such information may include the price but shall not include the names or personal information about the Buyer or Seller.”

There is no end date in this clause so I always add “until completion only” which gives permission to advertise the sale details until the closing date only.  It makes sense that a Listing brokerage will want to be able to advertise that they successfully sold the house and that usually includes the price or some sort of identifying information about the price – like 102% of asking or $50,000 over asking.  If this is not acceptable to you as a Buyer, ask your representative to get rid of the entire clause.

Be warned that changes to this clause shouldn’t negatively affect you in a multiple offer situation because this won’t affect the Seller’s bottom line, but this will depend on how the change is explained to the Seller.    Click the link below to read the article.

See Toronto Star Article here

Rent Control

Rent Control does NOT apply to every rental unit.  If the property was occupied on or after November 1, 1991, rent control does not apply.  It still makes sense to charge rent that is within the current market rates so that your rental unit remains competitive.

Here’s a link to the Ontario Government Rent Increase Guideline for 2016

Increasing the rent at the rent control amount gives you an opportunity to clear up interest that is accruing on the last month deposit. The interest rate and the increase guideline amount are now the same. In 2016 this is 2%.  So if you increase the rent by 2%, you automatically top up the last month deposit (on paper) by 2% by applying the interest amount to the last month deposit rather than paying it out by cheque.

Any rent increase has to follow specific rules. The notice must be delivered to the tenant 90 days before the rent increase.

Here’s a link to the instructions for a rent increase for a unit that was first occupied after November 1, 1991: N2 – Unit not under rent control

And here’s a link to the instructions for a rent increase for a unit that is under rent control: N1 – Unit under rent control

IMG_1098

 

Coffin in The Family Room

We thought this was the coolest thing ever – a sarcophagus that holds DVDs. But it was over $700!  A few years later, we were passing by the same store and they had a “Going out of business” sale. The sarcophagus was marked down to just over $100.  We received some very strange looks while wheeling it through Erin Mills Town Centre.  Family and friends think it’s amazing. My Dad was startled one evening when it opened … slowly … on its own, so it may even be haunted.  Did I mention that it’s life size? sarcophagus

So here’s the question: If we ever sell our house, do we keep it in the room or put it in storage? It is a coffin after all, so maybe it would scare some buyers off.  On the other hand, it may give people something to talk about.  But do we really want buyers walking around talking about the huge coffin in the family room when they should be talking about the gorgeous windows and the lovely floors?

When a home is listed for sale, it should be as neutral as possible, and I’m not just referring to colour.  We have a crucifix and a sacred heart above two doors that would be packed up before listing even though they are very small. It’s not that people are offended by religion, we would just prefer that the home is front and centre and not our religious affiliation. And buyers have to be able to picture themselves living in your house.

It’s important to note that some sellers need to keep certain elements in place in order for them to practice their religion.   We have come across many Hindu prayer closets and buyers understand that the Seller will most definitely be taking all of the contents of the closet with them when they move.

But a coffin in the family room?  I think not.

Multiple Offers/Bidding Wars – Fact and Fantasy

shutterstock_135232376I came across a draft blog post from nine months ago. I was planning to discuss the “new” 801 form because some people were under the impression that the new form would open up the process by providing the terms of all competing offers.

But holy! How things have changed.  Last year, we were worried about the ghost offer.  This year, it’s all about price!

Homes are listing at a price that was market value last week and then selling with multiple offers for 10% more or higher. Even a pre-emptive or bully offer will still draw other offers.  We saw a townhouse in River Oaks at 1 pm which was the first showing allowed at that listing.  Two others showed at the same time. Registered a pre-emptive offer offer at 3:00 pm. There was already an offer and another soon joined.  Our offer, which was way over list and firm, didn’t win.

What’s going on?  There are a lot of factors driving this market. In the news, we hear a lot about foreign investors, but that’s not who I see at showings and waiting outside of listings at offer presentations. These are Canadians who have sold their home and now need another place to live, or they are millennials just trying to get into the market.  It’s a simple supply and demand problem. Every listing that comes onto the market in the starter home price range has loads of interest … immediately. This last week of June has historically been a really slow week but not this year.

Why is supply so low?  The greenbelt has contributed to this.  Back when the greenbelt was a brand new concept, Pat and I attended a BILD meeting to learn about it. Experts in the land development and building field warned that the greenbelt would eventually drive prices up inside the greenbelt as we ran out of land to build on.  And prices are up. A 40 foot building lot is selling for about $600,000 now.  At $200 a square foot, the cost to build a 2,000 square foot home on that lot is $400,000.  We’re at $1,000,000 for a brand new home and still haven’t added the HST.  Net HST on that home would be $106,000.  So we’re actually at $1,106,000 for a brand new 2,000 square foot home.  And when new home prices rise, re-sale homes follow shortly thereafter.

So here’s what I was going to say about the multiple offer process:

Many people have  misconceptions when it comes to multiple offers.  Here is some Fantasy:

  1. All of the buyers will know what the other buyers are offering.
  2. We will always be given a chance to improve our offer price.
  3. As soon as we’ve looked at the house, the listing brokerage is bound by law to let us know when an offer is registered.

Here are the Facts:

  1. The terms of any offer will not be divulged to any party other than the Seller and the Seller’s representatives.
  2. The Seller’s representative is not required to notify agents who are showing the house that there is (already?) a registered offer.  The rep may notify others but it’s strictly a marketing decision between the rep and her clients.
  3. The new form 801 does not make the multiple offer process into an open bidding process.  The form simply deals with ghost offers, or what I call premature offers where a rep states that there is an offer but it hasn’t been signed and therefore doesn’t exist.

If you have any questions about this process, send me an email at heather@patbelsito.com.