Realtor Archives - REM https://realestatemagazine.ca/tag/realtor/ Canada’s premier magazine for real estate professionals. Mon, 27 Jan 2025 17:36:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://realestatemagazine.ca/wp-content/uploads/2022/09/cropped-REM-Fav-32x32.png Realtor Archives - REM https://realestatemagazine.ca/tag/realtor/ 32 32 Realtor who took advantage of vulnerable client loses license for “predatory” behaviour: BCFSA https://realestatemagazine.ca/realtor-who-took-advantage-of-vulnerable-client-loses-license-for-predatory-behaviour-bcfsa/ https://realestatemagazine.ca/realtor-who-took-advantage-of-vulnerable-client-loses-license-for-predatory-behaviour-bcfsa/#comments Fri, 24 Jan 2025 10:05:29 +0000 https://realestatemagazine.ca/?p=36901 B.C.’s regulator has issued the maximum penalty to a Realtor it says took advantage of his relationship with a client and manipulated her into selling

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QUICK HITS

 

  • On Jan. 16, BCFSA confirmed B.C. Realtor, Ismail Jamal Jinnah, lost his license and was fined $10,000 after investigators found he manipulated a “vulnerable” client into selling her home.
  • The investigation revealed Jinnah exploited a close personal relationship, pressured the client against her wishes and misled regulators about the nature of their relationship.
  • In addition to the fines and license cancellation, Jinnah has been ordered to pay $67,000 in enforcement expenses.

 

A B.C. Realtor has lost his license and is facing a $10,000 fine after the province’s regulator found he manipulated a client into selling their home.

Ismail Jamal Jinnah behaved in a “predatory” manner when he took advantage of his personal relationship with a client to convince her to sell her home and earn an “above-market” commission, according to a December decision from the BC Financial Services Authority (BCFSA).

 

Summary of misconduct

 

The case centred on two real estate transactions in 2015. Jinnah established a “close, personal relationship” with a client who owned a detached home and despite her opposition, repeatedly pressured her to sell it, advising her it was a smart financial move. Jinnah failed to disclose his personal relationship with the client and convinced her to switch properties with another individual.

According to hearing documents, Jinnah’s client “trusted him, relied upon him, and was reasonably left with the impression that Mr. Jinnah was looking out for her best interests. Rather than looking out for her best interest, Mr. Jinnah refused to accept that (she) did not want to sell her house. He pressured and manipulated her to essentially switch properties…”

Hearing Officer Thelma O’Grady says the former Realtor took advantage of his client, “who, because she was in a close relationship with him and trusted him, was vulnerable. This type of behaviour can only be described as predatory.”

The decision also highlighted Jinnah’s financial gains, which totalled $39,000 in commissions. Additionally, he charged above-market fees without sufficient explanation and failed to adequately market the property, instead selling it directly to the second individual involved.

 

Investigation and regulatory violations

 

During a subsequent investigation in 2021, Jinnah attempted to mislead the regulator by mischaracterizing his relationship with the client. The decision emphasized the deliberate nature of his deception, “Mr. Jinnah’s statements… were a deliberate attempt… to mislead the investigative process.”

Jinnah was found guilty of breaching multiple sections of the Real Estate Services Rules and the Real Estate Services Act (RESA).

 

Impact on client 

 

The misconduct, described by O’Grady as “very serious,” involved Jinnah’s failure to act in the best interests of his client, a breach of conflict-of-interest rules and a deliberate attempt to mislead regulators during the investigation. “Taking advantage of a vulnerable client who is relying on you to act in their best interest is one of the most serious types of misconduct for a real estate licensee,” the decision states.

The decision also noted the emotional and financial harm caused to the client, who suffered anxiety, depression and embarrassment “for letting herself be coerced by Mr. Jinnah.”

“The actions of Jinnah to use a close personal relationship to manipulate a client into selling their home is unacceptable and demonstrates a clear disregard for the established ethical expectations for licensees and the regulatory regime that is designed to protect consumers,” said Jon Vandall, senior vice president of compliance and enforcement at BCFSA. “This behaviour was so predatory and egregious, BCFSA is issuing the maximum penalty available.”

 

Fines and penalties 

 

In addition to cancelling Jinnah’s licence and the $10,000 penalty, Jinnah was also ordered to pay more than $67,000 in enforcement expenses.

“Sanctions should be both protective and preventative,” O’Grady wrote. “They should be aimed first and foremost at achieving compliance and secondly at deterring repeat offences… and by others in the industry or by those considering entering the industry.”

Although Jinnah hasn’t practiced real estate since March 2024, BCFSA confirmed his license had been cancelled on Jan. 16. and that the misconduct would be reflected in his professional record.

 

Implications for the real estate industry

 

“Public interest is served by setting a penalty that communicates to Mr. Jinnah, the public, and other licensees that it is unacceptable for licensees to take advantage of clients and to mislead the regulator during an investigation,” O’Grady concluded.

Jinnah has the right to appeal the decision within 30 days.

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B.C. Realtor ordered to surrender “ill-gotten gains” in $3.3M sale after breaching fiduciary duty https://realestatemagazine.ca/b-c-realtor-ordered-to-surrender-ill-gotten-gains-in-3-3m-sale-after-breaching-fiduciary-duty/ https://realestatemagazine.ca/b-c-realtor-ordered-to-surrender-ill-gotten-gains-in-3-3m-sale-after-breaching-fiduciary-duty/#comments Mon, 20 Jan 2025 10:05:03 +0000 https://realestatemagazine.ca/?p=36760 A Realtor has been ordered to surrender profits of a sale after the court found he “intentionally undermined” his client to purchase the property himself

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Alan Hu/pacificevergreenrealty.com

The Supreme Court of British Columbia has ordered Alan Hu, a Surrey-based Realtor, to surrender his profits from the sale of a $3.35-million property after breaching his fiduciary duty to a client.

According to a court decision published on Jan. 10, Pei Hua Zhong, a Chinese immigrant of “modest means,” hired Hu to sell his South Surrey, B.C. home and purchase a new property in Surrey in 2017. Zhong signed a contract to buy a property listed for $2.1-million, conditional on securing the down payment by selling his current home.

When his home failed to sell by the subject removal deadline, Zhong decided to pursue bridge financing, planning to use the equity in his existing property to secure the down payment.

While Zhong prepared a second offer of $2.05-million, Hu referred his friend Lingxia Tao, who was vacationing with him in Las Vegas, to another real estate agent to compete for the same property. Zhong was not made aware of the referral. Tao’s offer, submitted with Hu’s assistance, included a clause allowing her to assign the contract to a third party.

In January 2018, the seller accepted Tao’s bid of nearly $2.1-million, cutting Zhong out of the deal. According to court findings, Hu later acquired the property through an assignment from Tao and in 2021, sold the property for $3.35-million— a profit of more than $1.2-million. 

 

 

2038 174 St., Surrey B.C., Image source: homesbyalan.ca 2017

 

In her decision, Judge Amy Francis wrote that Hu “intentionally undermined Mr. Zhong’s bid to purchase the 2038 (174 Street) Property so that he could take an interest in the 2038 Property for himself,” describing his actions as a “marked departure from ordinary standards of decent behaviour,” and “deceptive and underhanded.”

 

Hu’s failure to act in client’s best interests

 

She emphasized that a Realtor’s core responsibility is to act loyally and transparently in the client’s best interests. Hu violated this duty when he shared Zhong’s bid with Tao, facilitated her competing offer and ultimately acquired the property through a contract assignment.

Justice Francis found that Tao relied on Hu for instructions and she was not held legally liable.

While litigation regarding the profit split from the sale between Hu and Tao is ongoing, the court has ordered Hu to disgorge all “ill-gotten gains” from the sale​.

 

Insurance and regulatory implications

 

In February 2022, Hu submitted statements to the Real Estate Errors and Omissions Insurance Corporation, though intentional misconduct like fraud typically falls outside the scope of coverage. The B.C. Financial Services Authority, which oversees real estate agents in the province, is reviewing the judgment and considering regulatory action.

In addition to surrendering profits, Mr. Hu must also repay the $19,000 referral feed he took for the original purchase of the Surrey property. 

 

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Top 5 Instagram accounts Realtors should follow in 2025 https://realestatemagazine.ca/top-5-instagram-accounts-realtors-should-follow-in-2025/ https://realestatemagazine.ca/top-5-instagram-accounts-realtors-should-follow-in-2025/#respond Tue, 17 Dec 2024 10:03:55 +0000 https://realestatemagazine.ca/?p=36140 As a Realtor, staying ahead in a competitive industry means continuously learning, adapting and finding inspiration

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As a Realtor, staying ahead in a competitive industry means continuously learning, adapting and finding inspiration. Instagram has become a goldmine for tips, industry updates, strategies and creative ideas that can take your business to the next level. Following the right accounts can give you the insights you need to refine your marketing, connect with clients and streamline your processes.

Here are the top five Instagram accounts every realtor should follow in 2025 to gain valuable tips, stay inspired and stay updated with what’s going on in the industry.

 

Jimmy Mackin

Instagram Handle: @jimmymackin

 

Co-founder and CEO of Curaytor, Jimmy Mackin is a must-follow for any Realtor looking to level up their marketing game. Known for his expertise in real estate marketing and lead generation, Jimmy shares actionable strategies designed to help agents attract listings, build their brands, and connect with clients more effectively. 

What sets Mackin apart is his ability to break down complex marketing concepts into simple, actionable steps. His content covers everything from advanced listing attraction techniques to leveraging social media for maximum engagement. His Instagram Reels are particularly engaging, offering bite-sized insights on critical topics like lead generation and crafting effective social media campaigns. These short videos not only inspire but also provide Realtors with strategies they can implement immediately.

Beyond his Instagram posts and reels, Mackin shares valuable educational resources through webinars and training sessions, such as the “2024 Listing Attraction Playbook.” His unique approach combines deep industry insights with a modern, data-driven perspective, making his account an essential follow for Realtors aiming to stay ahead of the curve. 

Take a look at some of our favourite Reels:

https://www.instagram.com/reel/CnN6Ud6oke_/

https://www.instagram.com/reel/DAUIjqJP5y1/

https://www.instagram.com/reel/CpMA2YQJaaB/

 

Jess Lenouvel

Instagram Handle: @jesslenouvel

 

Jess Lenouvel, founder of The Listings Lab, is a renowned real estate marketing expert dedicated to helping agents scale their businesses sustainably. With over 13 years of experience in the industry, she has shifted her focus to mentoring agents, guiding them to build scalable, sustainable businesses by creating relationships at scale. 

Her Instagram account serves as a rich resource for Realtors aiming to enhance their marketing strategies. Lenouvel shares insights on digital marketing, client engagement, and business scaling, all tailored to the real estate sector. Her content demystifies complex marketing concepts, making them accessible and actionable for agents at any stage of their careers.

Take a look at some of our favourite Reels:

https://www.instagram.com/reel/DCXAfYYP1dH/

https://www.instagram.com/reel/DB_uFE0PY5H/

https://www.instagram.com/reel/C_lHcUWvI7Q/

Phil Jones

Instagram Handle: @philmjonesuk

 

Phil Jones is an expert in sales communication and the author of the bestselling Exactly What to Say. His Instagram account is for Realtors aiming to improve their client interactions. Joens consistently shares practical advice on effective communication strategies, providing agents with the tools to navigate complex conversations confidently.

Following Joens can help you access a continuous stream of actionable tips that can be directly applied to their daily client engagements. His emphasis on the power of words and strategic communication makes his account an invaluable asset for those looking to elevate their sales techniques and foster stronger client relationships.

Take a look at some of our favourite Reels:

https://www.instagram.com/reel/DDU-CYZpFCL/?igsh=bzFjaDB4Z3JjN3Fj

https://www.instagram.com/reel/DDA09OgJ7Vz/?igsh=MXZyZHljZzBhb2l4aA==

https://www.instagram.com/reel/DBXOmljp9p9/?igsh=MXFta3I1Z3ZoYWZ0ZQ==

 

Chelsea Peitz

Instagram Handle: @chelsea.peitz

 

As a real estate social media strategist, Chelsea Peitz teaches us how to leverage digital platforms for business growth. 

Peitz’s content focuses on practical strategies for building a compelling personal brand through social media. She provides actionable tips on creating engaging content, optimizing profiles for discoverability and effectively utilizing video marketing. Her approach demystifies complex digital marketing concepts, making them accessible and implementable for professionals at any stage of their careers.

Realtors can gain the knowledge and confidence needed to navigate the digital landscape effectively, ultimately leading to increased client engagement and business growth.

Take a look at some of our favourite Reels:

https://www.instagram.com/reel/C2XscWIRW4g/?igsh=MXY0eDR6eTF4cHA4ZA==

https://www.instagram.com/reel/DAoJPG7P6cu/?igsh=bmNlaWc3ZzZqM2t2

https://www.instagram.com/reel/Cx6mrs6PsIp/?igsh=MWUzdjFndXNpam5rZw==

 

And now, please allow us a couple of shameless plugs. But we promise, they’re worth the follow.

 

Andrew Fogliato

Instagram Handle: @andrewfogliato

 

Founder of Just Sell Homes and owner of Real Estate Magazine, Andrew Fogliato is a leading expert in real estate marketing, offering tailored strategies that empower agents to thrive in the digital era. He shares actionable insights on topics such as lead generation, social media engagement, and effective branding. Fogliato’s content is designed to be both informative and practical, enabling Realtors to implement his advice directly into their business practices.

By giving him a follow, Realtors can access a wealth of knowledge that bridges traditional real estate practices with modern digital marketing techniques. His commitment to providing real-world, practical advice makes his account an invaluable resource for agents aiming to enhance their marketing efforts and achieve sustained success in the industry.

Take a look at some of our favourite Reels:

https://www.instagram.com/reel/C_xnmhmR90n/

https://www.instagram.com/reel/C-KwZNsOII-/

https://www.instagram.com/reel/C8MyqVsOORI/

 

Bonus follow: Real Estate Magazine

Instagram Handle: @realestatemagazine.ca

 

Real Estate Magazine (REM) is an indispensable account for Canadian Realtors looking to stay informed and ahead of the curve. As Canada’s premier publication for real estate professionals, REM delivers a steady stream of industry news, expert advice and insights that help agents navigate the ever-evolving market.

By following this account, Realtors gain access to insider updates on sales and marketing strategies, market trends and in-depth analyses of what’s happening in the industry. REM’s content is designed to keep professionals well-informed on topics ranging from regulatory changes to innovative marketing approaches. It’s a one-stop shop for staying connected to the pulse of the industry.

In addition to its informative posts, REM also highlights stories and achievements from within the real estate community, fostering a sense of connection and inspiration. Whether you’re looking for actionable tips to boost your business or seeking the latest market insights, @realestatemagazine.ca is a must-follow for realtors aiming to stay at the forefront of their field.

Take a look at some of our favourite Reels:

https://www.instagram.com/p/DC9TYqQtUxv/

https://www.instagram.com/p/DBeS-vkPPYn/

https://www.instagram.com/p/C_SxSSjMjQD/

 

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Realtor agrees to $10k fine for allowing clients to view home alone https://realestatemagazine.ca/realtor-agrees-to-10k-fine-for-allowing-clients-to-view-home-alone/ https://realestatemagazine.ca/realtor-agrees-to-10k-fine-for-allowing-clients-to-view-home-alone/#comments Fri, 29 Nov 2024 10:01:29 +0000 https://realestatemagazine.ca/?p=35937 A B.C. Realtor has been fined $10,000 for allowing clients to view a home unsupervised in Maple Ridge, according to a BCFSA consent order

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A B.C. Realtor has been fined $10,000 for allowing her clients to view a home unsupervised in Maple Ridge.

Nan (Nancy) Wang, a representative with Metro Edge Realty, was disciplined by the BC Financial Services Authority (BCFSA) following an investigation into the 2021 incident. Wang was found to have committed professional misconduct and conduct unbecoming of a licensee under the province’s Real Estate Services Act, according to a consent order issued on Nov. 6, 2024.

 

What happened?

 

The misconduct stemmed from a property viewing on Jul. 17, 2021. Rather than attending the showing with her client, Wang gave the client her Sentrilock access card, which allowed them to view the home alone.

After the viewing, the sellers found that both the front and back doors had been left unlocked. When the listing agent confronted Wang about the situation, she initially claimed that the client had been accompanied by an unlicensed assistant who had used the access card. She later admitted this wasn’t true, apologized to the listing agent and sellers and accepted responsibility for her actions.

In a written statement to BCFSA investigators, Wang confirmed the details of the incident, acknowledging that she had allowed the client to view the home without her supervision and apologized for her misconduct.

 

Professional standards breached

 

In the consent order, Wang admitted she failed to act in the best interest of her clients by “failing to attend the viewing of the Property to provide her knowledge and advice about the proposed purchase transaction,” failed to act honestly by misleading the listing agent and endangered “the safety of the Property by not being there to ensure it was secured after the viewing.”

 

Why the fine was reduced

 

The initial penalty for Wang’s misconduct was $20,000; BCFSA ultimately reduced it to $10,000. This decision took into account several mitigating factors, including her early acknowledgment of the misconduct, her apologies to those involved and her cooperation throughout the investigation. She also completed remedial education.

Wang has been a licensed real estate agent since 2012 and has no record of disciplinary action, according to the consent order. She has three months to pay the fine, and failure to comply could result in her license being suspended or cancelled. 

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A Realtor’s guide to navigating strata documents in B.C.  https://realestatemagazine.ca/a-realtors-guide-to-navigating-strata-documents-in-b-c/ https://realestatemagazine.ca/a-realtors-guide-to-navigating-strata-documents-in-b-c/#respond Mon, 04 Nov 2024 05:02:27 +0000 https://realestatemagazine.ca/?p=35523 Master the complexities of strata documents to help your buyers avoid costly pitfalls and learn how AI can help

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Realtors play a vital role in guiding buyers through the often overwhelming process of purchasing a unit in a multi-family complex. For many, the volume of required documentation—from disclosure statements and financial reports to meeting minutes—can feel daunting. Knowing what to focus on and interpret is crucial for a smooth experience and can make all the difference in helping clients make informed decisions.

 

Assessing financial health

 

One of the first steps in this process involves familiarizing buyers with regulatory forms like Form B and Form F, which are required in British Columbia when selling a unit in a strata corporation. These forms provide a valuable snapshot of the unit’s financial standing, including outstanding fees and details about parking and storage. However, while Form B and Form F are informative, they don’t tell the whole story. The overall financial health of the community is just as important as the individual unit’s details. Realtors who dig deeper beyond these forms offer their clients a significant advantage.

A key aspect of reviewing a multi-family property’s financials is assessing the strata corporation’s financial health. In British Columbia, strata corporations generally have two main accounts: the operating and contingency reserve accounts. The operating account covers daily expenses, like electricity, landscaping, and routine maintenance, while the contingency reserve fund (CRF) is designated for more extensive, infrequent costs—reroofing, plumbing repairs, or other major building upgrades. A well-funded CRF indicates financial stability and can give buyers peace of mind, knowing the community is financially prepared for unexpected expenses.

 

Red flags to watch for

 

Thoroughly analyzing financial statements can help identify potential red flags. Under-budgeting and overspending are common issues that, if left unaddressed, can lead to budget deficits. These deficits are usually covered by increasing monthly fees or levying special assessments—charges that owners must pay to fund significant repairs or unexpected costs.

“A healthy strata corporation should run neither a large surplus nor a deficit,” explains Katharine Olson, owner of Groundbreaking Strata Consulting & Education. Olson emphasizes that special levies are a normal part of the property lifecycle and should be considered when reviewing sales documents. Buyers should carefully examine any history of levies and anticipate future ones based on the age and condition of the building. This helps prevent unexpected financial surprises arising from missed or overlooked fees.

 

Understanding special levies: What buyers need to anticipate

 

Special levies are additional charges for specific projects not covered by the contingency reserve fund. These levies are typically documented in both financial statements and meeting minutes. Reviewing these documents ensures previous owners have paid past levies and helps determine if future levies might impact potential buyers. This information can significantly influence a buyer’s decision, especially if costly repairs are anticipated within the next few years.

 

Matching community rules to buyer expectations

 

Common issues around people, pets and parking often arise in multi-family living. Carefully reviewing the complex’s bylaws and rules can reveal necessary restrictions, like limits on pet ownership, which may impact buyers directly. Matching the bylaws to a buyer’s lifestyle is essential, ensuring their daily living environment aligns with their needs and expectations.

 

The importance of reviewing meeting minutes

 

Meeting minutes are among the most valuable yet often overlooked resources in a strata document review. Minutes from strata meetings provide an honest look at the day-to-day operations of the complex and can reveal important insights. Although two years’ worth of minutes is usually offered, Olson recommends that clients and Realtors look further back if possible.

“Minutes show us a lot about the workings of the complex,” she explains. “For example, the financials might look solid on paper, but the minutes might show that maintenance is often deferred or certain issues remain unresolved.”

 

AI tools transforming document review

 

Given these documents’ details, some Realtors and buyers opt for AI-driven tools to simplify the review process. Many brokerages now turn to AI-based platforms, like Eli Report, which can speed up document review by highlighting critical information in financials, meeting minutes, and other documents.

“We bring transparency to documents,” says Thomas Beattie, CEO of Eli Report. “We help Realtors and owners pinpoint what to look for in the minutes and provide an overview of the financial health of the building.” By scanning for trends in levies, maintenance records, and violations, these AI tools can help buyers and Realtors identify potential red flags more accurately, allowing for a more efficient and informed review process.

In multi-family real estate transactions, a thorough document review is essential. For buyers, understanding the financial health and dynamics of the community they’re joining is crucial to avoid costly surprises and find a property that suits their lifestyle. Realtors can provide invaluable guidance by diving deeper into financials, examining the bylaws, studying meeting minutes, helping clients make sound decisions and fostering confidence in their investment.

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Realtor Wayne Munden returns to ReMax https://realestatemagazine.ca/realtor-wayne-munden-returns-to-remax/ https://realestatemagazine.ca/realtor-wayne-munden-returns-to-remax/#respond Fri, 01 Nov 2024 04:00:54 +0000 https://realestatemagazine.ca/?p=35490 Left to right: Wayne Munden (team leader) and Andrew Lewis (sales representative and senior sales partner   Realtor Wayne Munden and his team at Munden Realty have rejoined the ReMax […]

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Left to right: Wayne Munden (team leader) and Andrew Lewis (sales representative and senior sales partner

 

Realtor Wayne Munden and his team at Munden Realty have rejoined the ReMax network, partnering with ReMax Hallmark Group of Companies.

This partnership brings Munden and his team back into the ReMax fold after a seven-year affiliation with Royal LePage, with the new agreement effective as of September 2024.

Munden, with over 30 years in the industry, is known for his focus in Southern Ontario, targeting Oakville, Burlington, Mississauga, and surrounding areas.

His prior years with ReMax included recognition through several awards, reflecting his longstanding activity in the field, according to the company.

The Hallmark Group, which operates more than 42 offices in Ontario and Southwest Florida, sees the partnership as a natural fit. “We’re thrilled to have Wayne and his team back with us,” said Debra Bain, broker of record at ReMax Hallmark, noting that Munden’s experience and community ties are well-aligned with their goals in the Halton and Peel regions.

Munden echoed this sentiment, saying, “Returning to the ReMax network feels like coming home.”

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Honour a remarkable REALTOR® with the Canadian REALTORS Care® Award https://realestatemagazine.ca/honour-a-remarkable-realtor-with-the-canadian-realtors-care-award/ https://realestatemagazine.ca/honour-a-remarkable-realtor-with-the-canadian-realtors-care-award/#respond Wed, 30 Oct 2024 04:02:02 +0000 https://realestatemagazine.ca/?p=35382 The Canadian Real Estate Association is now accepting nominations for the Canadian REALTORS Care® Award 2025 Proudly Presented by REALTOR.ca. Nominations must be received by December 1, at midnight EST.

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It’s no secret, REALTORS® are trusted experts in their communities. With this expertise often comes an understanding of a community’s needs, and REALTORS® across Canada are taking action to meet these needs. Now’s your opportunity to recognize someone whose actions have created an outstanding, positive impact on their community.

The Canadian Real Estate Association (CREA) is now accepting nominations for the Canadian REALTORS Care® Award 2025 Proudly Presented by REALTOR.ca. Since 2016, this national award has been recognizing REALTORS® whose volunteerism has created lasting change in the lives of others. In celebration of 10 years celebrating REALTOR® impact, the donation that this year’s recipient’s charity of choice will receive has been doubled to $10,000.

CREA is asking nominators to send in the inspiring stories of REALTORS® who go above and beyond to make an impact. Nominators will need to complete a nomination form, providing the history of the REALTOR®’s charitable work and highlighting the positive difference the nominee is making in their community.

Alongside the nomination form, nominators need to submit at least one letter of recommendation, obtained in the past year, from a representative of a registered charity supported by the nominee. They will also need to include at least one piece of supporting documentation showing their nominee making an impact. This can be but is not limited to, media coverage, photographs, video or social media posts.

Since its inception, ten REALTORS® across five provinces have been honoured with the Canadian REALTORS Care® Award. From rallying their fellow REALTORS® for good, to game-changing philanthropy and creating critical resources for local non-profits, each of the past recipients has embodied the REALTORS Care® spirit in their own unique way.

Last year’s recipient, Kelly Byers, has been an inspiration to her town of Woodstock, Ontario, and the surrounding region. Byers, one of 46 REALTORS® nominated for the 2024 award, created the REALTORS Care® Food Drive, a county-wide event through which she’s rallied hundreds of her fellow REALTORS® to collect and donate more than 250,000 pounds of food for local Salvation Army food banks. Since 2011, her initiative has grown each year and has expanded into many more communities across Oxford County.

When Kelly was diagnosed with leukemia in 2023, she continued to find ways to support others and donated enough money to build a needed piece of equipment at a local elementary school. Her drive to give also lit a fire in REALTORS® and neighbours alike. Inspired by her call for blood donations, community members had the ‘Blood for Byers’ drive oversubscribed and in need of expansion within two days of its announcement.

If there’s a REALTOR® in your life whose commitment to their community reminds you of Byers, we encourage you to nominate them for the Canadian REALTORS Care® Award 2025. This year’s recipient will be announced at CREA’s Annual General Meeting, in April 2025, and their story will be shared across the country.

Nominations must be submitted by midnight EST on Sunday, December 1. For full details, and to nominate an inspirational REALTOR®, go to REALTORSCare.ca/nominate.

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Realtor liable for misrepresentation: Court orders $120K payment over location mix-up https://realestatemagazine.ca/realtor-liable-for-misrepresentation-court-orders-120k-payment-over-location-mix-up/ https://realestatemagazine.ca/realtor-liable-for-misrepresentation-court-orders-120k-payment-over-location-mix-up/#comments Tue, 29 Oct 2024 04:03:50 +0000 https://realestatemagazine.ca/?p=35356 A Realtor's misrepresentation of a property's location led to a six-figure deposit repayment after buyers discovered the error, with the court ruling the Realtor negligent

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QUICK HITS

 

  • A Realtor misrepresented the location of a new-build property to buyers, leading them to believe it was in Brampton when it was actually in Caledon, three kilometres away. 
  • After discovering the mistake, the buyers sued, and the Ontario Court of Appeal held the Realtor and their brokerage liable for negligent misrepresentation.
  • The court ordered them to repay the buyers’ $120,000 deposit.

In some cases, misrepresentations made prior to the signing of an Agreement of Purchase and Sale (APS), may allow a buyer to sue for damages, as demonstrated by Zhang v. Primont Homes (Caledon) Inc., in which a real estate agent was found liable to his clients for misrepresentation concerning the location of a development property.

 

Location mix-up in new build purchase

 

In February 2017, the buyers agreed to buy an investment property to be built in a new subdivision by a developer for $1.2 million, with a deposit of $120,000. The transaction was set to close in 2019.

The buyers had been told by their real estate agent that the property was located at or near a specific intersection in Brampton, Ont. However, in May 2018, the buyers drove by the intersection to check on the progress of the development and discovered that the property that they had agreed to purchase was not located at the site indicated by their agent but rather in Caledon, Ont., about three kilometres north of their expected site.  

 

Buyers take legal action

 

The buyers then took the position that they should not be required to close the transaction and commenced litigation against various parties, including their agent, his brokerage and the developer. The buyers argued that the defendants had misrepresented the location of the development and that they were entitled to refuse to complete the purchase of the property and recover their deposit. They also claimed damages for lost profits. The developer counterclaimed for damages flowing from the buyers’ repudiation of the APS.

Prior to the trial, the buyers settled with the developer and agreed that it was entitled to keep the $120,000 deposit. In exchange, the developer abandoned its counterclaim.

After a trial in the Ontario Superior Court of Justice, the real estate agent and brokerage were ordered to pay $120,000, the deposit amount, to the buyers, with interest, and costs of $30,000. The trial judge declined to award the buyers any damages for lost profits.

On appeal, the agent and brokerage argued that the trial judge erred in finding that they negligently misrepresented the property’s location or that the misrepresentation was the cause of any damages suffered by the buyers. The Court of Appeal for Ontario disagreed.

The first ground of appeal was whether the trial judge erred in finding that the appellants negligently misrepresented the property’s location and whether the buyers relied on this misrepresentation.

The Court of Appeal noted that the trial judge made findings of fact based on the divergent accounts of the parties’ interactions and communications prior to the signing of the APS. The trial judge assessed and preferred the buyers’ evidence concerning what the appellants allegedly communicated about the location of the proposed development. Further, the misrepresentation about the property’s location was a key factor in the buyers’ decision to invest their money in the development because they believed “it was in a ‘mature’ community with large houses and schools”. Had they known of the property’s actual location, the buyers would not have agreed to sign the APS or pay the deposit.

 

No expert evidence required

 

The appellants further argued that the buyers ought to have been required to adduce expert evidence on the standard of care of a real estate agent or broker to establish liability. As a general rule, expert evidence is required to support a claim against a licensed professional, such as a real estate agent.

A breach may, however, be established without the need for expert evidence concerning “non-technical matters or those of which an ordinary person may be expected to know to have knowledge. The trial judge found that the appellants’ representation that the property would be built near an intersection in Brampton as opposed to a completely different location three kilometres distant was an example of a “non-technical” matter. The Court of Appeal agreed with the trial judge that expert evidence was not required to find that the appellants’ misrepresentation was negligent.

 

Causation and legal principles 

 

The second ground of appeal advanced was that the trial judge erred in finding that the negligent misrepresentation was the legal cause of any loss to the buyers. The appellants argued that the buyers could not, as a matter of legal principle, recover against them without first recovering damages against the developer.

The Court of Appeal disagreed that the buyers were required to prove that they had the right to repudiate the APS as a condition precedent to any recovery against the appellants. The appellants relied on a British Columbia decision which also involved a buyer’s repudiation of an agreement due to alleged misrepresentations of the property’s boundaries. However, the court in the B.C. case had concluded that the buyer was not actually entitled to repudiate the contract.

The Ontario Court of Appeal did not agree that there was a general rule established by the decision in the B.C. case that any plaintiff who agrees to buy property based on misrepresentations of any kind by a third party, such as a Realtor or lawyer, is legally foreclosed from recovering damages for that misrepresentation if they fail to complete the purchase.

In the Court of Appeal’s view, the issue of causation was distinct from a plaintiff’s entitlement to assert a separate cause of action for negligent misrepresentation. In a case where a given wrong supports an action in contract and in tort, the party may sue in either or both, except where the contract indicates that the parties intended to limit or negative the right to sue. Nothing in the APS precluded the buyers from suing their own real estate agent or broker for negligent misrepresentation, whether or not they chose to pursue a claim in contract against the developer.

 

Consequences of misrepresentation

 

Lastly, the appellants argued that the buyers were themselves the authors of the damages they claimed since the property had increased in value between the time the buyers executed the APS and the trial. Had the buyers not repudiated the APS, they would have acquired a property worth $1,800,000, or nearly $600,000 more than they would have had to pay for it. The appellants argued that the buyers could have mitigated and avoided any financial loss had they not repudiated the APS.

The Court of Appeal noted that in claims of negligent misrepresentation, courts generally focus on the date that a misrepresentation is discovered.

In this case, once the buyers discovered the misrepresentation in 2018 (months before the scheduled completion date), they had to take reasonable steps to mitigate a potential loss, which involved deciding whether to proceed with the purchase of the property. They chose to take the position that the APS was null and void, alternatively, that they were entitled to repudiate it. Ultimately, this meant they were out of pocket for $120,000 after settling the claim with the developer.

 

Importance of accuracy in property details

 

The appellants’ position turned on the argument that the buyers should have foreseen that the property would increase in value when they discovered the misrepresentation, even though the property was not as well-situated and therefore not as attractive an investment as they had been led to believe. 

However, they did not obtain a retrospective appraisal showing that the property had already increased in value at the time the buyers discovered the issue with the property’s actual location, nor was there any evidence proving that the buyers should have realized that they would not suffer damages if they proceeded with the purchase. In the Court of Appeal’s words, “(The) appellants should not be able to escape the legal consequences of their negligence because the (buyers) did not take that risk and market conditions happened to improve.”

This ground of appeal and the appeal in its entirety were therefore dismissed.

The decision shows the potential consequences of misrepresentations that are made and found to have been relied upon by a party when deciding to enter into an APS.

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UPDATED: Warrant related to murder of Anita Mui issued for Zhixiong Marko Hu who fled to Hong Kong https://realestatemagazine.ca/york-police-search-for-missing-markham-realtor-yuk-ying-anita-mui/ https://realestatemagazine.ca/york-police-search-for-missing-markham-realtor-yuk-ying-anita-mui/#respond Thu, 29 Aug 2024 16:20:50 +0000 https://realestatemagazine.ca/?p=33679 Officers found burned human remains confirmed as Mui on Aug. 12; three youth charged with weapon and fraud offences

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Editor’s notes:

Aug. 29. As reported by the Toronto Star and CTV News Toronto: York Regional Police say the Canada Border Services Agency confirmed Zhixiong Marko Hu has fled to Hong Kong. Police did not confirm when he may have left Canada.

Aug. 28. Today, York Regional Police reported its homicide unit investigators issued a national warrant on Aug. 27 for 47-year-old Markham resident Zhixiong Marko Hu, wanted for first-degree murder in connection with the disappearance and death of Mui.

Police found suspects in possession of Mui’s property and initially charged three youths with firearms and fraud-related offences. A fourth suspect has since been identified as being involved in her disappearance.

Investigators seized two vehicles associated with Hu:

  • a white 2019 Mercedes-Benz Sprinter van with Ontario licence plate CWHW720
  • a grey 2021 Porsche Cayenne SUV with Ontario licence plate CTZT172

(They believe the Porsche may have had a different licence plate attached to it on or before Aug. 9: CHCD989.)

Anyone with information is asked to contact the homicide unit at 1-866-876-5423 ext. 7865 or homicide@yrp.ca, call Crime Stoppers at 1-800-222-TIPS or leave an anonymous tip online at www.1800222tips.com.

Aug. 26. In response to the news of August 22, Jennifer Pearce, president of the Toronto Regional Real Estate Board (TRREB), made the following statement:

“TRREB is deeply saddened by the tragic news surrounding the homicide of Yuk-Ying (Anita) Mui, a Member of our realtor community. Our thoughts and heartfelt condolences go out to her family, friends and colleagues during this incredibly difficult time.

We understand that the York Regional Police and the Ontario Provincial Police are actively investigating this matter as a criminal case. TRREB has full confidence in the police forces handling this investigation and expects that their diligent efforts will lead to a resolution that provides much-needed answers and reassures both the realtor community and the public.

At this time, TRREB has not received any information indicating an increased risk to realtors in the course of their professional activities. However, we remain vigilant and are closely monitoring the situation. We continue to emphasize the importance of safety and routinely share realtor safety tips with our members to ensure they are equipped with the best practices for their protection.

TRREB urges anyone with information relevant to this case to come forward to assist in the ongoing investigation. We remain committed to supporting our members and ensuring their safety in all aspects of their professional lives.”

Aug. 22. Today, the Toronto Star reported that on Monday in Parry Sound, York Regional police found and identified the body of Mui with the assistance of the Ontario Provincial Police (OPP).

OPP officers found burned human remains near Avro Arrow Road and Highway 400, in McDougall Township on Aug. 12. The remains were confirmed as Mui. Police say three youths have been charged with weapon and fraud offences.

 

York Regional Police are searching for missing Markham realtor, 56-year-old Yuk-Ying (Anita) Mui, with efforts in a rural Stouffville area, the Toronto Star and CBC News reports. Mui disappeared under “suspicious” circumstances.

On Friday, Mui left her Markham home when she typically does around 9:30 a.m., her colleague, Stephen Chow, president of Century 21 Atria Realty Inc., indicated. Around 11:00 a.m. that same morning, one of her two adult sons spoke to her. She hasn’t been heard from or seen since.

A few hours later, police recovered Mui’s vehicle (a white 2024 Mercedes-Benz) in a Scarborough parking lot near Finch Avenue East and Warden Avenue.

Yesterday, Constable Lisa Moskaluk told CBC News reporters that police have no “suspicious evidence” to suggest what may have happened to her but the fact she hasn’t yet checked in with her family was enough to raise concern. Moskaluk said police don’t know where Mui was going Friday morning or why she was at the Scarborough lot, as her schedule was “all over the place.”

Constable James Dickson, York police spokesperson, told the Star that information obtained through the investigation suggests Mui may have been seen in the rural area in York Region near Kennedy and Vandorf roads in Stouffville, about 20 minutes north of where she was last seen.

Police are seeking witnesses who may have seen Mui or her vehicle. Mui is described as 5’6” tall and 130 pounds with a medium build, brown eyes and straight, shoulder-length black hair.

 

Photo: AnitaMuiHomes.com

 

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Navigating retirement as a realtor: How to estimate your income and minimize your worry https://realestatemagazine.ca/navigating-retirement-as-a-realtor-how-to-estimate-your-income-and-minimize-your-worry/ https://realestatemagazine.ca/navigating-retirement-as-a-realtor-how-to-estimate-your-income-and-minimize-your-worry/#comments Tue, 11 Jun 2024 04:03:00 +0000 https://realestatemagazine.ca/?p=31736 Retirement is about income, not net worth, with a mix of several sources. Take inventory and plan ahead with this simple exercise

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The thought of retirement is daunting. As a realtor, even more so because your pay is sporadic. You have no formal work-funded pension plan and may often wonder, “When can I quit?” Ultimately, the goal is to work because you want to, not because you have to.

Each person’s retirement income is a unique puzzle. We have OAS, CPP, RRSPs, TFSAs and rental income. We or a spouse may have a work-related pension. To make it even more complicated, each income source has its own rules for when it starts and how it’s taxed. Taking time to gain and understand the information will help you get the most possible while minimizing or even eliminating worry — so don’t rush the process.

Here’s a typical example: A couple eligible for maximum Canada Pension Plan (CPP) and Old Age Security (OAS) at age 65 would be collecting $48,800 per annum, or a bit over $4,000 per month. My experience is that basic living — if your stuff is paid for — costs about this much. The fun is extra. Over 25 years, $48,800 per year is $1,220,004. So, I suggest that you start early and tread carefully.

 

How to estimate your retirement income

 

Retirement is about income, not net worth, and yours will likely be a mix of the following sources. Making a back-of-the-envelope list with estimates is a simple exercise:

 

1. Old age security (OAS)

 

Current base OAS pension is $8,560 per year/person. You may commence it as early as age 65. The pension increases each month that you defer, but deferring means fewer payments, and usually, longevity favours deferral. If you’ve lived in Canada as an adult for fewer than 40 years, by age 65, your pension will likely be reduced.

If your income is higher than about $91,000 for 2024, this pension will be reduced or “clawed back”. When income hits about $148,000, the pension is completely gone. (There are too many details to cover in this article, so if this scenario applies to you, please seek professional advice.)

 

2. Canada Pension Plan (CPP)

 

The 2024 maximum CPP amount is $15,840 per year. Age 65 is normal, but you can start early or late. Starting early comes with a penalty and late yields an increase, but again, you have to live long enough to make up for the missed payments. Check with Service Canada on your CPP statement for an accurate pension estimate.

If you take dividends from your personal real estate corporation (PREC), you are not paying into CPP. This reduces annual costs to your corporation, but it also means you will receive less pension.

There’s considerable discussion in the media about what age is best to draw CPP and OAS. A key issue that I rarely see considered is the survivor benefit. If a person dies, how much of his or her pension does the surviving spouse continue to receive?

 

Preserve capital or die broke?

 

With respect to the income-generating assets listed below, you have the option to spend only the income they generate and preserve the capital or spend it all and try your best to die broke. Here, we invoke the golden rule: “The one with the gold makes the rules.”

The estimates below are merely that. Fees, timing, asset quality, tax rates, inflation, longevity and other factors will affect outcomes.

 

3. Registered retirement savings plans (RRSPs)

 

How much income can they sustain? The math says about $1 for every $22 in the account, for 25 years. So, if you have half a million dollars at age 65, you can draw about $23,000 a year from it.

 

4. Tax-free savings accounts (TFSAs)

 

It’s the same idea for TFSAs — for every hundred thousand dollars, you can spend about $4,000 to $6,000 per year.

 

5. Personal real estate corporation (PREC)

 

Many of you have significant money in your corporation. What happens at retirement? You can spend the income it generates, or the income and retained earnings, eventually winding it up.

A PREC is expensive to maintain but the tax implications may suggest keeping it indefinitely. Each situation is different. I usually suggest that companies with under $1 million or so of assets slowly get wound up in a tax-efficient manner. However, you may wish to keep it for non-tax reasons. Winding up a large company early is just prepaying tax — not wise. You’re best off to get advice from a tax professional.

 

6. Rental properties

 

How much income do rentals generate after expenses? Hint: look at line 12,600 on your personal tax return. If your PREC or holding company owns the property, see the “S7 Rental” page (mine is page 47).

 

7. Cash savings

 

Maybe you have savings outside of the accounts listed above. In this case, you can spend the income they generate or the income plus principal. How much is the income? Could you redesign your portfolio to generate more? I like income because it’s predictable. Just remember that income types are taxed differently — make sure yours is the good kind.

Now that you’ve listed out all of your income sources, estimate your numbers and tally it up. Then, estimate your expenses. How do they compare? Are there ways you can reduce costs without reducing your lifestyle? (Hint: think insurance).

 

Retirement planning is a process, not something you solve in one meeting or discussion. If you tend to avoid this subject, bribe yourself with a treat for getting started. As you learn, your comfort level will evolve. Start early and make the most of your options, and soon you will work because you want to, not because you have to.

 

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