Natalka Falcomer, Author at REM https://realestatemagazine.ca/author/natalkafalcomer/ Canada’s premier magazine for real estate professionals. Thu, 30 Jan 2025 15:18:30 +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 Natalka Falcomer, Author at REM https://realestatemagazine.ca/author/natalkafalcomer/ 32 32 Lessons in Leadership: Natalka Falcomer on Don Kottick’s secret to success https://realestatemagazine.ca/lessons-in-leadership-natalka-falcomer-on-don-kotticks-secret-to-success/ https://realestatemagazine.ca/lessons-in-leadership-natalka-falcomer-on-don-kotticks-secret-to-success/#respond Thu, 30 Jan 2025 10:03:31 +0000 https://realestatemagazine.ca/?p=37000 Sotheby’s Canada President and CEO, Don Kottick predicts a leaner, more competitive industry in Canada and has advice for those looking to carve a path in real estate

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Effective leadership can make the difference between success and stagnation in an industry as competitive as real estate. Don Kottick, president and CEO of Sotheby’s Canada, has consistently demonstrated the ability to inspire, innovate, and adapt. 

 

“Some of the best lessons in business have come from the worst leaders,”- Don Kottick

 

For Kottick, the cornerstone of leadership is assembling the right team. Reflecting on his experience leading at Sotheby’s, Royal LePage, Johnston & Daniel, Peerage Realty Partners, Right At Home Realty and the Real Estate Institute of Canada (REIC), he emphasizes the importance of trusting your instincts when making hiring decisions. “Your intuition knows,” he says, recounting key hires that transformed teams and drove exceptional results. 

The principle of “getting the right people on the bus,” inspired by Jim Collins’ Good to Great, has been a guiding philosophy throughout his career. Associated with this first principle is the second of “hire slow and fire fast, if they are not the correct individual for the role”.

Beyond hiring, fostering a culture of excellence is paramount. Kottick believes in setting high standards for professionalism and development. “Trust, transparency, and collaboration are crucial to any organization’s success,” he notes. 

He champions open communication and encourages feedback from all stakeholders to stay attuned to the market’s evolving needs and nuances.  Kottick shares, “Some of the best lessons in business have come from the worst leaders, especially those leaders that espouse values that they fail to deliver on.”  

 

Elevating brands to new heights

 

Kottick’s tenure as president at Right at Home Realty demonstrated his focus on branding as a critical component of leadership. Recognizing the need to elevate the brokerage’s reputation in its early days, he worked to position it as a credible and appealing destination for real estate professionals. 

By recruiting and developing a new management team and restructuring the organization, he substantially increased the company’s market share and propelled it to the top brokerage position in the Greater Toronto Area by transaction units. 

Under his leadership, the company improved its national ranking in Canada within two years even though it was a regional player. This focus on branding wasn’t just about perception—it was tied to measurable outcomes that resulted in substantive growth.

 

“Technology should be a competitive differentiator, not a patchwork of disjointed solutions,” – Don Kottick

 

As the real estate industry increasingly intersects with technology, Kottick has been a vocal advocate for thoughtful innovation. At various organizations, he spearheaded the integration of proptech designed to streamline operations and enhance client engagement. 

From virtual tours in the early days of the internet to advanced marketing dashboards, his focus has always been on creating tools that provide real value rather than adopting a scattershot approach.   

As a former director of the Canadian Real Estate Association, he was the leading advocate for more investment in the development and promotion of Realtor.ca in order to combat competition from the USA.

“Technology should be a competitive differentiator, not a patchwork of disjointed solutions,” he explains. This principle has guided his leadership, ensuring that agents have access to resources that empower them to deliver extraordinary client experiences.

 

Navigating change

 

The real estate market is no stranger to upheaval, and Kottick has faced his share of challenges. From economic fluctuations to regulatory shifts, he has led teams through periods of uncertainty by prioritizing adaptability and resilience. “The industry has become more competitive, with a clear flight to quality,” he observes. “Realtors and brokerages that can’t offer measurable advantages are being sidelined.”

To navigate this landscape, Kottick underscores the importance of continuous learning and innovation. Whether introducing new training programs or leveraging emerging technologies, he has consistently championed strategies that prepare teams and Realtors for the future. One such example was bringing the Ninja Selling philosophy and methodology into the culture at Sotheby’s Canada which he says translated in serious productivity improvements. 

 

A vision for the future

 

Looking ahead, Kottick predicts a leaner, more competitive industry In Canada. He sees a future where only those who combine exceptional service, cutting-edge tools, and a commitment to excellence will survive and thrive. 

For aspiring Realtors and brokers, his advice is clear: focus on building relationships, embrace lifelong learning and align yourself with organizations that support your growth and have a strong international brand and presence.

Under Kottick’s leadership at various organizations, the numbers speak for themselves. whether at Johnston & Daniel, Royal LePage, Right at Home or Sotheby’s Canada, he led the teams that drove significant growth. 

More recently at Sotheby’s International Realty Canada, sales volume increased from $4-billion to $10-billion, and the agent population nearly doubled with Kottick at the helm. These results highlight his ability to develop and transform businesses, enhance their market presence, and create lasting equity value for the organizations.

Kottick’s leadership journey offers a blueprint for managerial success in real estate. By prioritizing people, leveraging technology wisely, and remaining adaptable in the face of change, he has not only navigated the complexities of the industry but has also inspired those around him to reach new heights. 

For those focused on building their careers, his approach serves as a powerful reminder that great leadership starts with a commitment to excellence and brand.

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Adapt or be left behind: Natalka Falcomer on Garry Bhaura’s blueprint for success https://realestatemagazine.ca/adapt-or-be-left-behind-natalka-falcomer-on-garry-bhauras-blueprint-for-success/ https://realestatemagazine.ca/adapt-or-be-left-behind-natalka-falcomer-on-garry-bhauras-blueprint-for-success/#respond Thu, 14 Nov 2024 05:03:28 +0000 https://realestatemagazine.ca/?p=35719 Columnist Natalka Falcomer spotlights Garry Bhaura’s innovation-first mindset and his approach to technology and collaboration at his 200-person brokerage

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“If you don’t change, others will change you,” says Gurcharan (Garry) Bhaura, president and broker of record at ReMax President Realty. In a rapidly evolving industry, Bhaura says this mindset has guided him for over 25 years, helping him stay ahead in a market shaped by technological disruption and shifting consumer expectations.

 

Embracing disruptive innovation

 

Bhaura’s guiding principle is rooted in experience. It aligns with the core message of Clayton Christensen’s book, The Innovator’s Dilemma, which warns that even successful companies can fall behind by failing to embrace disruptive technologies. Bhaura’s brokerage, however, has thrived by adopting a “disrupt before being disrupted” approach.

Examples of Bhaura’s proactive approach are his early adoption of customer relationship management (CRM) software, electronic transfers of commission payments (versus paper cheques) and paperless office systems — well before the COVID-19 pandemic made such tools essential. By anticipating industry shifts, Bhaura positioned his team at the forefront of the real estate sector, demonstrating the power of technological foresight.

Christensen’s work emphasizes that disruptive innovations often start as seemingly inferior alternatives to established products or services. However, they gradually improve and eventually overtake traditional offerings. In real estate, we see this playing out with technologies like virtual property tours and blockchain-based transactions. Bhaura’s willingness to explore and implement these emerging tools aligns perfectly with the behaviours adopted by companies that successfully ride the waves of an evolving market.

 

Fostering a culture of collaboration and continuous learning

 

At the heart of Bhaura’s success lies a culture that values teamwork and shared knowledge as much as technological innovation. “Any agent in my brokerage can ask questions without fear,” he notes, highlighting the importance of creating a supportive and open environment.

This leadership style resonates with Simon Sinek’s concept of Leaders Eat Last. In his book, Sinek argues that the most effective leaders create environments of trust and collaboration where team members feel safe to share ideas and support one another. By promoting this culture, Bhaura has cultivated a diverse team of agents, each contributing unique skills to the brokerage’s success.

 

Counterintuitive to sales competition? Collaboration can boost performance

 

It might seem counterintuitive, however, to foster collaboration in the highly competitive world of real estate sales. Despite this, Bhaura’s approach demonstrates that a collaborative environment can actually enhance individual and team performance. He explains the reason is that in a rapidly changing industry, no single agent can stay on top of every new development, technology or market trend. By encouraging open communication and knowledge sharing, the entire team benefits from each member’s experiences and insights.

By fostering this collaborative culture, Bhaura has created a brokerage where the whole is greater than the sum of its parts. This approach not only improves individual agent performance but also strengthens the brokerage’s overall market position and resilience to industry changes.

 

An emphasis on professional development

 

Bhaura’s emphasis on professional development further reinforces this collaborative culture. His team regularly participates in forward-thinking education, including everything from AI workshops to mindfulness training. This commitment to continuous learning ensures that his team is always ready to adapt to new challenges and opportunities in the real estate market.

Before moving to ReMax in July, Bhaura was with Century 21, where his team consistently ranked among the company’s top offices. Bharua is currently serving as vice chair for the Canadian Real Estate Association’s board of directors. 

As Nelson Mandela wisely said, “Education is the most powerful weapon which you can use to change the world.” Bhaura not only frequently quotes this wisdom but has also taken it to heart. He’s made ongoing education a cornerstone of his brokerage’s success strategy. By investing in the team’s knowledge and skills, Bhaura is not just changing his brokerage— he’s helping to shape the future of the real estate industry.

 

Leveraging technology for enhanced client service

 

Bhaura’s vision for the future of real estate is deeply intertwined with technological advancement. He sees artificial intelligence (AI), blockchain and virtual reality (VR) as game-changing technologies that will reshape the industry landscape. His belief that “AI will play a very, very large role” in real estate is already being realized through the implementation of AI tools for market analysis and transaction management.

However, Bhaura’s approach to technology is not about replacement, but enhancement. He believes that the most successful organizations will be those that harness AI’s capabilities while ensuring that human expertise remains at the forefront.

In practice, this means training agents to use AI tools like ChatGPT to enhance client communication and service delivery. “We’ve trained agents to use AI to be rockstars,” Bhaura says, but he also cautions against over-reliance on automation without understanding its limitations. This balanced approach ensures that technology serves to augment, rather than replace, the human touch that is so crucial in real estate transactions.

 

Navigating the digital landscape

 

One of the most profound shifts Bhaura highlights is the evolving role of social media and digital engagement in real estate. “Look how TikTok has replaced traditional platforms with algorithms and videos,” he observes, emphasizing that today’s brokers must be as comfortable with content creation and data analytics as they are with closing deals.

Bhaura’s advice to train agents on AI tools, leverage social media and personalize client outreach demonstrates how real estate professionals can thrive by embracing these new digital realities. By staying ahead of digital trends, Bhaura ensures that his brokerage remains relevant and competitive in an increasingly online-driven market.

 

Bhaura’s blueprint for future-ready real estate leadership

 

Bhaura’s career offers a blueprint for success in the ever-evolving real estate industry. His approach combines technological innovation with human-centred leadership, creating a brokerage that’s well-positioned to navigate future challenges and opportunities.

For real estate brokers looking to make their companies defensible against technology and industry changes, here are three key takeaways:

  1. Embrace technological disruption. Stay ahead of the curve by actively seeking out and implementing new technologies that can enhance your business operations and client service. Be willing to disrupt your own processes before external forces do it for you.
  1. Foster a culture of continuous learning and collaboration. Create an environment where team members are encouraged to continuously update their skills and share knowledge. This collaborative approach enhances individual performance, accelerates innovation and builds a more resilient team capable of adapting to industry changes.
  1. Balance technology with human expertise. While leveraging AI and other advanced technologies, remember that the real estate industry is fundamentally about human relationships. Use technology to augment, not replace, the personal touch that clients value in real estate transactions.

Follow these principles to build a resilient, forward-thinking business capable of thriving amid change.

As Bhaura’s experience shows, those who view technological disruption as an opportunity rather than a threat, and who harness the power of collaboration in a traditionally competitive field, will be best positioned to lead the real estate industry into its next era of innovation and success.

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Unpacking entrepreneurship realities with Trevor Koot: Insights from the ‘Business is Fcking Hard’ podcast https://realestatemagazine.ca/unpacking-entrepreneurship-realities-with-trevor-koot-insights-from-the-business-is-fcking-hard-podcast/ https://realestatemagazine.ca/unpacking-entrepreneurship-realities-with-trevor-koot-insights-from-the-business-is-fcking-hard-podcast/#respond Tue, 27 Aug 2024 04:03:30 +0000 https://realestatemagazine.ca/?p=33890 Entrepreneurship isn't easy. Dive into the raw stories, practical advice and  surprising theme of “purpose before profits” that could redefine your approach to business

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I recently had the opportunity to sit down with Trevor Koot, the mind behind the Business is Fcking Hard podcast, to delve into the insights and experiences that shaped his journey. In our candid Q&A session, Koot shared the inspiration, challenges and personal stories that have driven the creation of his impactful podcast.

This conversation has excellent value for real estate agents and broker-owners, as we’re all entrepreneurs. And it’s hard.

 

The inspiration

 

When asked about the inspiration behind the Business is Fcking Hard podcast, Koot emphasizes the need for vulnerability among business owners. He recalls a pivotal moment in 2008 when, during a speech at the Provincial Chamber of Commerce in Saskatchewan (he had been nominated for an entrepreneurship award), he candidly declared, “Business is f*cking hard,” which was met with resounding applause.

This reaction underscored the shared struggles of entrepreneurs and the necessity for open conversations about the realities of running a business. His TED Talk further fueled the podcast idea, aiming to connect with business owners who often feel isolated in their challenges.

 

Relevance to realtors

 

The insights and experiences shared on the Business is Fcking Hard podcast are particularly relevant to real estate agents. Like other entrepreneurs, agents face the daily challenges of managing their own businesses — from financial stability and staffing decisions to maintaining morale and navigating the ever-changing market.

The podcast’s emphasis on vulnerability, shared struggles and practical lessons can provide valuable guidance and reassurance to real estate agents as they navigate the ups and downs of entrepreneurship.

 

A defining experience

 

Koot recounts a particularly tough day in his entrepreneurial journey when he had to lay off seven employees to save his company. This experience of grappling with unsustainable growth fueled by the belief that Silicon Valley popularized — “growth for growth’s sake” equals success — deeply impacted him.

Koot’s raw, honest and actionable blog posts have also chronicled the struggles of navigating the unpredictable waters of entrepreneurship, from facing financial instability to managing staff expectations and morale. Before the podcast, Koot wrote articles sharing these stories, setting the stage for the more expansive and personal format of podcasting.

 

Debunking misconceptions

 

Koot’s podcast delves into the difficult aspects of entrepreneurship, confronting common misconceptions.

Many people mistakenly believe that the entrepreneurial journey is easier for others while their own struggles are unique. By sharing raw and real stories, Koot aims to dispel this myth and foster a sense of solidarity among business owners.

 

A surprising theme underpinning success: Purpose before profits

 

One of the most impactful — and unexpected — themes Koot has identified after interviewing entrepreneurs is “purpose before profits.” This notion suggests that true entrepreneurs are driven by a deeper mission beyond mere financial gain.

For instance, Koot interviewed a health supplement company owner who prioritizes creating a healthier community over simply boosting sales figures. This purpose has worked to motivate him over all sorts of struggles. Another interviewee, a woman who founded a workwear company, started her business with the goal of making women feel comfortable and confident in their appearance and clothing — far beyond just turning a profit. Yet, she makes one. 

Research supports this concept of purpose-driven entrepreneurship. Studies have shown that businesses with a strong sense of purpose tend to outperform those solely focused on profits. For example, a study published in the Harvard Business Review found that companies with a clearly articulated purpose were more likely to achieve consistent revenue growth. Additionally, Deloitte’s Global Human Capital Trends report highlighted that purpose-driven companies often have stronger employee engagement, which in turn drives better business outcomes.

Koot’s exploration of this theme on his podcast serves as a powerful reminder to all entrepreneurs, including real estate agents, that a clear purpose can lead to more meaningful and sustainable success. By focusing on the broader impact of their work, real estate professionals can create lasting relationships with clients and contribute to the communities they serve.

 

The podcast’s influence on Koot

 

Hosting the podcast has profoundly influenced Koot’s approach to business and entrepreneurship.

Initially intended as a side project, the podcast has inspired Koot and motivated him to share what he’s learning more broadly. Despite selling his last companies in 2021 and becoming CEO of the British Columbia Real Estate Association in 2022, Koot remains connected to the entrepreneurial spirit.

 

Advice for aspiring entrepreneurs

 

Avoid the superficial success lure. When offering advice to aspiring entrepreneurs, Koot stresses the importance of avoiding the lure of superficial success. The entrepreneurial journey is often glamourized, especially in industries like real estate where success can sometimes appear effortless from the outside. However, true success requires dedication, hard work and a deep commitment to the craft of business. 

For real estate agents, this advice is particularly relevant as we’re bombarded with Million Dollar Listing and endless Instagram photos of real estate agents driving fancy cars or drinking expensive champagne. The allure of quick commissions and the perception of flexibility can overshadow the reality of what it takes to build a successful real estate business.

Koot advises agents to approach their work with the mindset of a business owner rather than just a salesperson. This means investing time in understanding the market, developing a solid business plan and continuously refining their skills.

Improve financial literacy. Moreover, Koot emphasizes the importance of financial literacy: “Financial literacy is crucial for real estate agents to thrive in their careers and maintain long-term success. Many agents overlook the importance of understanding their cash flow, tracking expenses and setting aside money for taxes and other obligations,” he notes.

Koot’s own admitted oversight on understanding his company’s cash flow is what led him to a variety of financial stresses. His podcast guests attribute part of their success to mastering financial basics, and he encourages agents to take note so they too can avoid common pitfalls like overspending during high-income periods or being caught off guard by tax bills.

The real estate market is constantly evolving, and agents must be prepared to navigate changes, whether they be economic downturns, shifts in consumer behavior or technological advancements.

 

By sharing raw stories of struggle and triumph, practical advice and insights on purpose-driven success, Koot offers a virtual support system for agents navigating the complexities of running their own businesses. In an industry where challenges can feel isolating, this podcast reminds you that you’re not alone.

 

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Sutton Group’s new president brings fresh perspective to traditional real estate https://realestatemagazine.ca/sutton-groups-new-president-brings-fresh-perspective-to-traditional-real-estate/ https://realestatemagazine.ca/sutton-groups-new-president-brings-fresh-perspective-to-traditional-real-estate/#comments Fri, 12 Jul 2024 04:03:23 +0000 https://realestatemagazine.ca/?p=32806 Innis hints at upcoming announcements, suggesting that Sutton is actively exploring opportunities across the "buy, build, partner spectrum"

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In a bold move that signals a new direction for one of Canada’s leading real estate companies, Sutton Group has appointed James Innis as its new president and COO.

With a diverse background spanning investment banking, corporate development and technology ventures across Europe and North America, Innis is poised to bring a fresh, innovative approach to the traditional real estate brokerage model.

 

The new vision: Leverage company’s national reach to bring new solutions to agents and brokers market-wide

 

As an outsider to the real estate industry, Innis is working alongside industry veterans to bring new perspectives. “We’re combining external expertise with insider knowledge,” he explains, highlighting his intention to work within the industry to drive it forward. This collaborative approach, merging new ideas with established experience, could be the key to Sutton Group’s future success in a rapidly evolving market.

Innis’ vision for Sutton Group is clear: leverage the company’s national reach to distribute new solutions to agents and brokers across the market. “We see forward-thinking brokerages and agents moving from reactive to proactive in terms of their role,” he states. “This shift is inevitable as consumer demand for technology, transparency and actionable personalized advice in the real estate space continues to grow. We envision agents providing more value throughout the ownership process, not just during transactions.”

This shift towards a more comprehensive, value-added service model is at the heart of Innis’ strategy. He plans to leverage Sutton’s national presence to implement tools and technologies that will enable agents to offer ongoing support to homeowners. “Consumers are technology-forward and data-driven, but their largest asset (their homes) remains a black box. We see agents being in a good position to add value to their clients’ day-to-day lives,” Innis explains.

 

Competitive advantages and new opportunities in a traditional industry

 

One of the key advantages Sutton Group has, according to Innis, is its status as an independent, Canadian-owned company. This allows for greater flexibility and faster decision-making when it comes to adopting new technologies and partnerships. Innis hints at upcoming announcements, suggesting that Sutton is actively exploring opportunities across the “buy, build, partner spectrum.”

Innis’ international experience, particularly in the United Kingdom and Germany, has shaped his approach to regulation and innovation. “In Germany, I learned how strong regulatory engagement can spur growth,” he says. “We’re applying this same approach at Sutton Group, engaging proactively with real estate regulators and MLS boards, viewing the regulatory framework as a strength rather than a constraint.”

The new president’s background in finance and technology is evident in his plans for Sutton. He sees potential in open banking systems and how they could benefit the real estate industry, promising “lower costs and better products” for Canadian consumers.

Innis is also keenly aware of the challenges in implementing new technologies in a traditional industry. However, early signs are promising. “We’ve seen incredibly positive support for our brand refresh,” he notes. “And when we launched a new tool to help agents improve their business, the uptake and usage has been high.”

 

As Sutton Group embarks on this new chapter, Innis’ unique blend of financial acumen, technological insight and global perspective could be the catalyst the company needs to thrive in an increasingly digital and competitive landscape. By positioning Sutton as an innovator working within the industry rather than a disruptor, Innis aims to bring a growth and innovation mindset to the market while respecting its established structures.

With plans to announce new partnerships and initiatives in the coming months, the real estate industry will be watching closely to see how Innis’ vision for Sutton Group unfolds. If successful, it could set a new standard for how traditional brokerages adapt and thrive in the modern era.

 

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The proptech revolution: Adapting to a new real estate landscape https://realestatemagazine.ca/the-proptech-revolution-adapting-to-a-new-real-estate-landscape/ https://realestatemagazine.ca/the-proptech-revolution-adapting-to-a-new-real-estate-landscape/#comments Wed, 19 Jun 2024 04:03:07 +0000 https://realestatemagazine.ca/?p=32040 Proptech innovations are reshaping how we live and work, emphasizing sustainability, data-driven decision-making and adaptability to new lifestyle preferences — the industry must be ready

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The real estate sector is undergoing a transformative shift, driven by technological advancements collectively referred to as “proptech” (property technology). These innovations are reshaping how we live and work, emphasizing sustainability, data-driven decision-making and adaptability to new lifestyle preferences.

Insights from industry experts Philip Major, investor associate at R-LABS, and Lynette Keyowski, managing partner at NAR REACH Canada, shed light on the evolving landscape of proptech and its impact on both residential and commercial real estate.

 

Adapting to new lifestyle preferences

 

Post-pandemic, the rise of remote work has significantly altered residential and commercial real estate demands. Major observes, “Remote work can alleviate density and affordability issues in urban areas. On the commercial side, the winners will be those who can optimize unused spaces.” He cites LOFT, a company offering flexible office spaces throughout cities, as an example of how businesses can adapt to these changes without relying solely on central business districts.

However, converting commercial spaces into residential areas, although a popular idea, poses significant logistical challenges. “It’s not always feasible or profitable,” Major notes. Instead, there’s a trend towards luxury rentals and condominiums that incorporate amenities such as daycare centres, restaurants and other services directly into the building, catering to the evolving lifestyle preferences of urban dwellers.

 

Sustainability and energy efficiency

 

The drive for sustainability is becoming increasingly prominent in real estate, particularly in commercial properties. “LEED certification will continue to be a major trend, driven by tenant demand,” says Major. Tenants with strong Environmental, Social and Governance (ESG) initiatives are likely to prefer sustainable buildings, which can influence property values and development costs.

In this context, companies like Measurable, which tracks carbon emissions, are becoming essential. Developers are now considering the entire lifecycle of buildings, including end-of-life recycling options, to enhance the sustainability of projects.

 

Leveraging data and AI

 

Data-driven decision-making is revolutionizing real estate investment and management. Keyowski highlights a significant trend in the 2025 REACH Canada cohort: “AI is being leveraged to reduce costs, automate routine tasks and enhance backend processes.” This trend spans across the industry, supporting the personalization of real estate services, from property valuations to virtual tours.

Keyowski also mentions the “Netflixization” of real estate, where data is used to tailor user experiences. This trend makes the homebuying process more interactive and personalized, improving how consumers engage with listings and agents.

Major adds, “Commercial real estate will move slower to adopt AI compared to other industries, but this won’t stop AI from happening.” He highlights how companies like Hatch are acquiring AI-driven platforms such as Brainwave’s Mosaic to help developers understand zoning regulations and other complex data points. “It’s about pulling in multiple points of data, like zoning and school capacity, to centralize information and optimize property investments,” Major explains.

He also sees potential in AI democratizing the development process: “It could reduce costs and make the process more accessible, although the extent of this democratization remains to be seen.”

 

Addressing housing affordability

 

Affordability remains a critical issue in the real estate market, and alternative financing options are emerging as a solution. Keyowski notes, “Along similar lines, we have been seeing a surge in the number of ‘alternative financing’ options come to market. With affordability at all-time lows, these are just beginning to hit the radar of the industry but aren’t anywhere close to top-of-mind for the average consumer.”

These tech-enabled solutions aim to keep borrowing and administrative costs low, offering diverse options from Halal mortgages (Manzil) to creative down payment financing (Ourboro) and leaseback home purchases (Requity Homes).

 

Under-the-radar innovations

 

Despite widespread technological advancements, some tools remain underutilized by the broader public. Keyowski explains, “There are many backend tools, like online MLS systems and showing suites, that facilitate seamless real estate transactions.” These tools often go unnoticed by consumers but are crucial for the industry’s efficiency.

Moreover, there are innovative solutions not yet widely adopted but with the potential to streamline the homebuying process. Keyowski points to digital mortgage platforms and offer transparency tools, which can make real estate transactions faster and more transparent. “These tools expedite the process, but the industry is often reluctant to adopt them,” she adds.

 

Challenges and opportunities for traditional real estate players

 

Integrating new technologies into traditional real estate models presents challenges. Keyowski emphasizes the importance of understanding one’s value proposition: “Real estate is a relationship business. The clearer you are about your value, the more efficiently you can adopt technology that enhances that value.”

AI, while promising, introduces both opportunities and uncertainties. “On one hand … AI is allowing more to be done with less (and in less time). Real estate is about relationships … but it’s also about volume. This has the potential to create more competition among agents: for eyeballs, for listings, for differentiation, for partnerships and more. The ability for agents to reach their audiences faster and more effectively could impact business models and market share,” Keyowski notes.

However, the industry’s slow pace of change and potential regulatory hurdles may temper AI adoption. “On the other hand, there is no knowing (yet) how the space will be regulated, if at all. As it always does, this could certainly impact the rate of adoption — or even temper adoption until those frameworks are clearer. This is not an industry that moves fast at the best of times!”

 

Consumer readiness for change

 

One significant shift is the consumer’s readiness for digital transactions. A decade ago, some consumers were hesitant to put their credit cards online or engage in online banking. Now, it’s considered standard. The consumer in real estate has similarly evolved, having become extremely comfortable transacting digitally where there’s an element of immediacy. As Keyowski observes: ‘’I see what I want, I can access as much information as I deem necessary and I can make a decision and execute in almost everything.”

However, real estate transactions remain cumbersome and opaque. Keyowski illustrates this with a common scenario: “As an example, what the heck DOES happen to that agreement for purchase once you’ve signed it and “sent it back” to your agent? Who sends it to my mortgage broker? How’d the lawyer get involved? Didn’t they say you’d see the deal back in two days? It’s been a week …”

Proptech solutions are addressing these issues by providing transparency and efficiency throughout the transaction process.

 

Embracing the future of real estate

 

The proptech revolution is fundamentally changing the real estate landscape. From optimizing unused spaces and enhancing sustainability to leveraging data and AI for better decision-making, these technologies offer significant benefits. However, the industry’s traditional players must navigate challenges related to technology adoption and value proposition clarity to stay competitive.

As Major aptly puts it, “Darwinism is alive and well in real estate.” Those who adapt and innovate will thrive in this new era, while those who resist change may find themselves left behind. The future of real estate lies in embracing proptech to meet evolving demands and create more efficient, sustainable and personalized experiences for all stakeholders.

 

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Celebrating motherhood beyond Mother’s Day: Insights from Chris M. Guérette, CEO of SRA https://realestatemagazine.ca/celebrating-motherhood-beyond-mothers-day-insights-from-chris-m-guerette-ceo-of-sra/ https://realestatemagazine.ca/celebrating-motherhood-beyond-mothers-day-insights-from-chris-m-guerette-ceo-of-sra/#respond Tue, 21 May 2024 04:02:21 +0000 https://realestatemagazine.ca/?p=31143 I know I am a better human, a better leader, a more effective community builder and a better colleague because I am a parent

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While Mother’s Day has passed, the celebration of motherhood should extend far beyond a single day of recognition. Being a mom is a 24/7 commitment, shaping not only the lives of our children but also influencing the trajectory of our careers and personal growth.

In a society where the roles of mothers are often undervalued or underestimated, it’s essential to highlight the remarkable achievements and insights of women who successfully navigate the dual responsibilities of motherhood and career. Chris M. Guérette, CEO of the Saskatchewan Realtors Association (SRA), is a strong testament to the power of perseverance, resilience and self-awareness in the pursuit of both professional success and fulfilling motherhood. Here’s what she had to say about her journey.

 

Natalka Falcomer (NF): Many women find it challenging to strike a balance between advancing their careers and being present for their children. Can you share any strategies or insights you’ve discovered that have helped you navigate this delicate balance in your own life?

 

Chris M. Guérette (CMG): That is a pretty big life lesson … not many women are prepared for the deep sense of guilt we can feel once we become mothers. I’ve seen many parents in general experience a sense of guilt of not being good enough or with a deep sense of failing, but women generally seem to experience the guilt and judgment more intensely that comes with what roles and expectations we have which are given to us.

I had to develop self-awareness around my roles and expectations to discover that while I believed they were mine, they weren’t me. They were given to me and while I accepted them at the time, it’s not the same as defining my own expectations. And no one else was going to define the role and expectations relating to my children as well as I could.

That was the moment of empowerment. Others could judge me all they wanted for a perceived notion of imbalance or what my role should be, but I knew best. Recalibrating expectations and really defining what we are and are not, and why we do certain things, becomes extremely liberating. And the beauty of all that is you can re-adjust your “balance” at any time — you control it. So, sometimes I balance and sometimes I don’t. Life balance is such a big notion. Sometimes it’s just about finding balance in small moments when imbalance takes over the bigger moments.

 

NF: Motherhood often coincides with critical points in one’s career. How have you managed to pursue and achieve career milestones while also fulfilling your role as a mother? Are there specific choices or compromises you’ve made that you believe have positively impacted both areas of your life?

 

CMG: Does it though? Or are we simply afraid of missing out and we think it coincides with critical points we won’t get back? I’d like to think I have critical points in my career for the entire journey. Achieving milestones won’t stop. I hope each milestone is better than the last. 

“I know I am a better human, a better leader, a more effective community builder and a better colleague because I am a parent. I am so thankful for how that has helped me in my career.”

 

Chris M. Guérette, CEO, Saskatchewan Realtors Association

Compromise is part of life. Have I missed out on some opportunities because of being a mother? 100 per cent. Have other doors opened because of that? 100 per cent. Have I chosen to focus on the potential and growth mindset as opposed to the “what about me” mindset? 100 per cent. I know I am a better human, a better leader, a more effective community builder and a better colleague because I am a parent. I am so thankful for how that has helped me in my career.

 

NF: Building a successful career while raising children often requires a strong support system. Could you share the role that support from family, friends or colleagues has played in your journey? Have there been specific instances where this support proved crucial in helping you manage the dual responsibilities of work and motherhood?

 

CMG: Having a support system is crucial. The family I had was five provinces away, so I focused on my “chosen family”. Those people were gold. And when worlds collided and support was short, my kids came with me. Gasp! I can sense the judgment. If that’s you, this is where the card you’re dealt instructs you to immediately go back to question number one to read again and reflect. Do not pass go. Do not collect $200.

For the rest of you, let’s continue. My kids have attended many, many board meetings. They’ve attended many meetings, media interviews and fundraising events; they’ve door-knocked and they’ve volunteered. They’ve inadvertently participated in many conference calls. There were certain moments when I knew the mix of both worlds — motherhood and career — was not possible. Those moments will always happen. That’s part of the journey.

 

NF: Every journey has its challenges. Can you reflect on a particular challenge you faced as a working mother and how you overcame it? What lessons did you learn from that experience, and how did it shape your approach to balancing career and motherhood?

 

CMG: There was a period in my life when I was a single mom. (Let’s take a moment to thank single moms out there — they are superheroes.) For those years in my life, while some of the most challenging, anxiety-filled and exhausting moments I experienced, they were also some of the most empowering and I would not wish my journey to have gone any other way.

I used to tell myself that some days I needed a superhero cape to balance it all. I didn’t know how I was going to push through, so telling myself this was a superhero kind of day meant I had to dig deep because I felt like only a superhero could get through this. And so those days, I would tell myself I needed to wear my cape. It eventually became a language I could speak out loud about and that I could eventually talk to the kids — who were very young — about too. And over time, we were eventually able to laugh about it and use that language together. They would sometimes tell me that I forgot to wear my cape if I failed or made a mistake on something.

Isn’t that great? Talking about failures and mistakes as a unit because we care about each other. And is that not how we approach our careers? We build the capacity of our teams, of our communities, of our businesses. We help define mindsets and challenges and look for solutions. We help others wear their superhero capes until we can all find more balance.

 

NF: Self-care is vital, especially for mothers juggling career and family. How do you prioritize self-care in your routine, and are there specific practices or rituals that you find particularly beneficial? How do these self-care strategies contribute to your overall well-being and effectiveness in both your professional and personal life?

 

CMG: I fail hard here. I try different things, some stick for a while, some don’t. One regular activity that sticks out and has helped a lot is key friendships I intentionally invest in because they make me better. One group meets every other month over good food and drinks. We are loud and we battle opinions (which we call riots). Most importantly, we have a tradition of sharing our wins which consists of a roundtable not to vent, but to focus on the growth. We force each other to find wins, even if small, that happened since our last meeting. We share them and the group cheers them all.

The other is a small group of bold, career-focused executive moms. We’ve gravitated towards each other over the years, unintentionally through politics and community-building, and the amount of inspiration and energy I get from our time together powers my mindset to be stronger in both my career and family life.

 

Redefining balance and embracing growth

 

Guérette’s journey as a mother and CEO offers invaluable lessons for women navigating the complexities of career and family life:

  1. Reclaim your narrative. Define your own expectations and embrace the power to recalibrate your balance at any time.
  1. Value compromise. Recognize that compromise is part of life, but also acknowledge the doors that may open as a result of prioritizing family.
  1. Build a support system. Lean on chosen family and colleagues, and don’t hesitate to integrate family into professional spaces when necessary.
  1. Embrace challenges. Approach challenges with a growth mindset, knowing that each obstacle is an opportunity for personal and professional development.
  1. Prioritize self-care. Invest in meaningful friendships and supportive networks that contribute to your overall well-being and effectiveness.

By internalizing these lessons, mothers can navigate their unique journeys with resilience, confidence and an unwavering commitment to both personal and professional fulfillment.

 

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Empowering motherhood: How Janice Myers, CEO of CREA, navigates career success and family life https://realestatemagazine.ca/empowering-motherhood-how-janice-myers-ceo-of-crea-navigates-career-success-and-family-life/ https://realestatemagazine.ca/empowering-motherhood-how-janice-myers-ceo-of-crea-navigates-career-success-and-family-life/#respond Fri, 10 May 2024 04:03:47 +0000 https://realestatemagazine.ca/?p=30914 Through her journey, Janice exemplifies the resilience, determination and unwavering spirit of working mothers — proving that with faith, support and determination, anything is possible

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The journey of motherhood is a profound one, marked by moments of joy, growth and unexpected challenges. I know this as I speak from experience. The arrival of my new family member heralded not only a shift in daily routines but also a profound evolution of my aspirations and priorities.

For Janice Myers, CEO of the Canadian Real Estate Association (CREA), motherhood catalyzed a journey of self-discovery and professional growth. In a world where societal norms often dictate that motherhood should supersede professional ambition, Myers’ story challenges these preconceptions, offering hope and inspiration to working mothers everywhere.

As we celebrate Mother’s Day and honour the invaluable contributions of mothers in the workplace, Myers shares her insights and experiences, shedding light on the delicate balance of career aspirations and familial responsibilities. Through her journey, she exemplifies the resilience, determination and unwavering spirit of working mothers — proving that with faith, support and determination, anything is possible.

Let’s delve into Myers’ reflections on motherhood and its huge impact on her career journey, along with her valuable insights and wisdom.

 

Natalka Falcomer (NF): You’ve undoubtedly encountered numerous career opportunities and challenges throughout your journey. How has motherhood influenced your approach to seizing these opportunities?

 

Janice Myers (JM): “Motherhood has been a guiding force in my career decisions. It has taught me that everything is a choice, and timing is paramount. There have been instances where career opportunities presented themselves, but upon careful analysis of their impact on my family, I realized they weren’t the right fit for us at that moment. And that’s okay. I’ve learned to have faith that other doors will open when the time is right.

On the flip side, motherhood has also emboldened me to pursue opportunities even when I may not feel 100 per cent qualified or ready. Women often hesitate to take the next career step because they feel they need to check every box. But sometimes, you just have to figure it out as you go along.”

 

NF: Balancing the demands of family and career can often feel like an uphill battle, leading to stress and self-doubt. What strategies have you employed to navigate this challenge?

 

JM: “The biggest challenge for me has been the constant juggling act, feeling pulled in so many directions. It’s easy to fall into the trap of thinking that you’re not doing any of it well. But I’ve learned to recognize that achieving balance is an ongoing process, and what works for me may evolve over time.

Prioritization has been key — identifying what matters most in both my career and family life helps me make informed decisions and allocate my time effectively. And while I strive to stay in control, I’ve also learned to embrace the unpredictability of life’s roller coaster ride.”

 

NF: Delegation and support systems are crucial for working mothers. How have you leveraged these resources throughout your career?

 

JM: “I’ve been incredibly fortunate to have a supportive partner and family who have played instrumental roles in my journey. When my children were young, my husband’s home-based business allowed him to be present when needed, providing invaluable support.

Additionally, I’ve learned the importance of delegation — both at work and at home. As women, we often feel the need to do it all ourselves, but sharing responsibilities alleviates pressure and allows us to focus on what truly matters.”

 

NF: Reflecting on your journey as the first female CEO of CREA, what lessons or insights do you hope to impart to other women navigating the complexities of motherhood and career advancement?

 

JM: “One particular moment stands out vividly in my memory — a moment that underscored the delicate balance of seizing opportunities while managing their impact on loved ones. It serves as a reminder that no matter how meticulously we plan, external forces can disrupt even the best-laid plans.

My hope is to inspire other women to pursue their ambitions while navigating the complexities of family life, knowing that with determination and support, anything is possible.”

 

NF: You mentioned a significant moment in your journey — attending the York Executive Program at the Schulich School of Business. Can you share more about how this experience impacted you?

 

JM: “Absolutely. Attending the York Executive Program at Schulich was a dream come true for me, but it came with its own set of challenges. I vividly remember the internal conflict I faced when considering the program. On one hand, the opportunity for professional growth was undeniable. Yet, on the other hand, the thought of being away from my children for an extended period weighed heavily on my mind.

Despite my hesitations, my parents and husband rallied behind me, urging me to seize the opportunity. Their unwavering support gave me the courage to embark on this journey, leaving behind carefully written bedtime notes and hidden presents for my children to discover in my absence.”

 

NF: How did you navigate the separation from your family during the program, and what did you learn from that experience?

 

JM: “Throughout those long weeks, maintaining regular contact with my family became a lifeline. Despite the distance, our connection remained strong through phone calls and heartfelt conversations. However, the separation still felt like an eternity, and I grappled with feelings of guilt and longing.

Yet, upon my return, I was greeted with overwhelming excitement — a warm reminder of the unwavering love and support that surrounded me. That experience taught me a valuable lesson about the delicate balance of seizing opportunities while managing their impact on our loved ones.”

 

In the broader context of workplace dynamics, Janice Myers’ narrative underscores the imperative to recognize and celebrate the invaluable contributions of mothers as productive contributors. Rather than viewing motherhood as a hindrance to professional success, Myers’ story highlights the notion that motherhood enhances one’s capacity for leadership, resilience and innovation.

By embracing a culture that values and supports working mothers, organizations within and outside of real estate can harness the diverse perspectives and talents they bring to the table, fostering environments where both personal and professional growth thrive.

As we honour mothers this Mother’s Day and beyond, let’s champion policies and practices that empower mothers to excel in their careers while nurturing their families, recognizing their integral role in driving progress and prosperity in and out of the workplace.

 

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Commission lawsuit settlement could reshape real estate landscape … or not https://realestatemagazine.ca/commission-lawsuit-settlement-could-reshape-real-estate-landscape-or-not/ https://realestatemagazine.ca/commission-lawsuit-settlement-could-reshape-real-estate-landscape-or-not/#comments Tue, 02 Apr 2024 04:03:13 +0000 https://realestatemagazine.ca/?p=29846 Those claiming significant changes or none at all will both be wrong, and the prudent real estate agent won’t wait around for these changes

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In a landmark development, the National Association of Realtors (NAR) recently settled a series of commission lawsuits, agreeing to pay $418 million USD in damages and pledging to overhaul its rules regarding real estate agent commissions.

This settlement, prompted by legal claims alleging artificially inflated commissions, has sparked widespread speculation about its potential impact on housing affordability and market dynamics.

While proponents hail it as a game-changer that could lead to substantial cost savings for homebuyers and sellers, skeptics remain cautious, questioning whether it will truly translate into lower housing prices. As the real estate industry braces for change, examining the nuances of the settlement and its implications becomes paramount.

 

High-profile endorsers

 

The settlement has drawn enthusiastic endorsements from high-profile figures like President Joe Biden and former Treasury Secretary Larry Summers, who suggest it could lead to significant savings for homebuyers and sellers, potentially up to $10,000 per transaction.

We’ve seen similarly themed claims made even in Canadian media. Advocates in the United States and Canada argue that the elimination of standard commission structures could result in more competitive pricing among real estate agents, leading to lower transaction costs for consumers. Summers even suggests that breaking the “realtor cartel” could save U.S. households $100 billion over time, implying substantial long-term benefits for affordability.

 

Gradual commission reductions “unlikely to happen”

 

Getting rid of the decades-old commission system, which is criticized for inflating costs, by eliminating compensation details on MLS platforms could lead to more negotiation power for sellers, potentially driving down commissions.

Economists predict gradual reductions in commissions, potentially down to 4-5 per cent over time, with the majority of savings captured by sellers. This, however, is unlikely to happen according to NAR and those with years of experience understanding how sellers and buyers determine the value of a home.

 

Lower housing prices not certain — here’s why

 

Despite the optimism, experts caution that the settlement may not immediately translate into lower housing prices. Critics argue that sellers are unlikely to lower prices simply because transaction costs decrease. NAR’s response suggests that commissions were already negotiable, indicating that lower commissions may not necessarily lead to reduced housing prices.

In Canada, for instance, buyer agents and seller agents already offer a range of commission and compensation structures and, notwithstanding this reality, prices continue to rise across the country. Additionally, uncertainty remains about how the changes will ripple through the market and who will ultimately benefit from lower commissions.

NAR’s assertion that commissions are driven by the market and not the cause of the affordability crisis raises doubts about the direct impact on housing prices. Economists highlight the complexity of determining who benefits from lower commissions, particularly in different market conditions such as seller’s markets. For example, as many real estate agents can attest to, a seller wants their home to sell for a specified amount not because of a cold rational calculation, but because their house is the best house in the neighbourhood!  

 

Gradual adjustment to settlement ramifications, not quick seismic shifts

 

While the settlement sparks discussions about potential changes in Canada, it’s crucial to manage expectations. Real estate professionals have long since offered reduced commissions or flat fee services, with little impact on housing prices, suggesting a gradual adjustment process to ramifications of the NAR settlement (if any at all in the near term) rather than immediate seismic shifts.

The settlement may encourage broader adoption of innovative pricing models and increased transparency in services provided by real estate agents. However, overblown expectations about the immediate impact on housing prices should be tempered, as broader challenges such as housing supply shortages and regulatory barriers remain significant factors in housing affordability.

 

Fear and uncertainty drive varying interpretations of the settlement’s implications, highlighting the complexity of its effects on the real estate market. It’s this very complexity that makes me believe that those claiming significant changes or no changes at all will both be wrong; rather, we’ll see a slow evolution in how we do business with likely little impact on housing prices. 

Nonetheless, the prudent real estate agent won’t wait around for these changes. Exploring alternative pricing models and emphasizing the value they provide to clients is the best way to be part of the future. 

 

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The NAR settlement and its far-reaching implications: What does it mean for the Canadian industry? https://realestatemagazine.ca/the-nar-settlement-and-its-far-reaching-implications-what-does-it-mean-for-the-canadian-industry/ https://realestatemagazine.ca/the-nar-settlement-and-its-far-reaching-implications-what-does-it-mean-for-the-canadian-industry/#comments Fri, 22 Mar 2024 04:03:58 +0000 https://realestatemagazine.ca/?p=29628 Many claim we’ll see profound changes — Canadian agents and brokerages should take this claim with a truckload of salt, let alone a grain

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In response to a flurry of commission-related lawsuits causing upheaval, the National Association of Realtors (NAR) recently brokered a groundbreaking settlement, pledging reforms and financial restitution.

Valued at $418 million over four years, the agreement promises “sweeping” changes to the process of buying and selling homes in the United States. At the heart of this settlement lies NAR’s decision to no longer mandate listing agents to determine compensation for buyer brokers on MLS, aiming to enhance transparency and fairness in real estate transactions. 

This shift means that compensation for buyer agents will no longer be publicly displayed in multiple listing services (but can be available on brokerage websites or non-MLS sites). While many non-industry journalists claim this settlement will herald a dramatic new era of negotiation dynamics between agents and clients, this remains to be seen as we unpack the details of the settlement. 

 

Delving deeper: Understanding the impact of the settlement on the industry

 

Despite the appearance of resolution, the settlement has left a sour taste for many industry insiders, according to commentator Rob Hahn. Critics argue that the terms of the settlement, particularly NAR’s perceived concession, fall short of providing a clear victory.

Hahn suggests that NAR’s agreement, while seemingly substantial, exposes the organization to disproportionate liability compared to other defendants. With NAR bearing a significant portion of the damages and instituting extensive reforms, concerns linger regarding the long-term ramifications for the industry.

Furthermore, the settlement has notable exclusions.

First, it only covers over one million NAR members, state and local realtor organizations — the settlement specifically leaves out certain brokerages that continue to engage in litigation or have reached their own settlements, and it excludes non-NAR member MLSs as well as brokerages with transaction volumes exceeding $2 billion in 2022.

Second, the agreement doesn’t prohibit buyer agents from collecting fees and it doesn’t restrict where selling agents can advertise buyer agent fees. In other words, buyer agents can still receive compensation, and real estate agents can continue to advertise buyer agent compensation on various platforms, including non-NAR member websites like Zillow, OJO and Realtor.com. This aspect raises questions about whether the lawsuit will truly instigate significant changes.

 

Brokerage responses to the settlement

 

In the aftermath of the settlement, the real estate industry faces divergent responses to the ongoing legal saga. Some brokerages view the settlement as a means to mitigate legal risks and establish stability. Companies like Anywhere Real Estate and Re/Max have opted for compromise, settling lawsuits and agreeing to adapt business practices.

Conversely, a faction led by HomeServices of America remains steadfast in resisting the settlement, advocating for continued litigation and defending existing norms. Amid these opposing viewpoints, a group of reformers champion proactive measures to tackle industry challenges, aligning with the reforms outlined in the settlement.

The reforms advocated, however, would not be viewed as revolutionary to real estate agents in Canada. Rather, reforms such as requiring that buyer representation agreements (BRAs) are signed and that real estate agents no longer claim that “buyers don’t pay” for the agents’  services is standard practice in Canada. 

 

Anticipated changes in practice

 

Considering the settlement terms and existing practices in Canada, it remains uncertain what substantive changes might occur if a similar settlement were to arise in Canada. Agents in this country are already required to discuss compensation with clients, typically through BRAs. 

However, should sellers cease offering compensation to buyer agents en masse, agents would need to articulate their value to buyers, a requirement already present in Canadian BRAs. So, unless significant new brokerage models emerge in the U.S. that influence Canadian consumer habits and demand, the impact of such a settlement on Canadian real estate practices may be minimal.

As the dust settles on the NAR settlement, many claim that we’ll see profound changes. It’s my opinion that Canadian real estate agents and brokerages should take this claim with a truckload of salt, let alone a grain. Nonetheless, it’s prudent that brokerages and real estate agents adapt to evolving commission structures and negotiation norms, while also sharpening their ability to articulate their value to the consumer — something that we should already be doing. 

 

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Mastering legal precision in real estate transactions: Insights from an industry expert https://realestatemagazine.ca/mastering-legal-precision-in-real-estate-transactions-insights-from-an-industry-expert/ https://realestatemagazine.ca/mastering-legal-precision-in-real-estate-transactions-insights-from-an-industry-expert/#comments Mon, 18 Mar 2024 04:03:10 +0000 https://realestatemagazine.ca/?p=29501 Learn how real estate professionals can navigate legal complexities to safeguard transactions, ensure precise Agreements of Purchase and Sale and ultimately foster client trust

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While real estate agents inherently function as salespeople, their responsibilities extend beyond mere transactions, encompassing rigorous adherence to FINTRAC compliance and the meticulous drafting of legally binding agreements.

Drawing from my experience as a broker of record, lawyer and former realtor manager, I observed an alarming number of inadequately formulated agreements that left the buyer, seller or both parties vulnerable to substantial legal complications. Consequently, prioritizing legal precision becomes paramount.

In pursuit of a deeper understanding of the challenges faced by realtors, I engaged in a discussion with Benjamin Berry, a seasoned lawyer and co-founder and chief legal officer of Doormat, a company using technology to simplify the real estate closing process.

Our conversation delved into the common mistakes made by real estate professionals and explored effective strategies for minimizing risks, safeguarding both the realtor and, more significantly, their clients.

 

Natalka Falcomer (NF): What are common legal pitfalls in Agreements of Purchase and Sale?

 

Benjamin Berry (BB): Occasionally, realtors insert clauses with insufficient details that aren’t fully fleshed out, leading to complications in scenarios like holdbacks for repairs.

Thankfully, realtors generally do not make many legal mistakes in drafting Agreements of Purchase and Sale, but occasionally they will insert a new clause for a client without fully considering all the potential directions in which the situation could unfold.

For example, if a purchaser wants to hold back funds until a furnace is repaired, what happens if the furnace can’t be repaired? Can the seller replace it with a used furnace, or does it have to be a brand-new furnace? If the furnace can be repaired, who decides whether the repair is adequate? Does a neutral third party have to make an inspection and if so, who chooses the inspector? How long can the holdback be held for? Is the lawyer holding the funds entitled to charge legal fees for holding the funds and if so, who is responsible for paying those fees? Would it make more sense to simply deduct the cost of a new furnace from the purchase price? 

It’s important to consider questions like these when drafting an agreement. This doesn’t necessarily require legal knowledge, though it can be helpful to consult a lawyer for advice.

 

NF: How can realtors avoid legal mistakes in Agreements of Purchase and Sale?

 

BB: My suggestion for any non-standard clauses is to run them by a lawyer before using them, as the lawyer enforcing the clause may have considerations a realtor wouldn’t be aware of. Some lawyers may review these clauses for free, while others would do so only if they are representing the person you’re asking them to review the contract for. I would encourage realtors to seek out relationships with lawyers, so they have a trusted person to turn to when they need advice on a file.

In practice, I know that a lawyer may not always be available to review or draft a clause on a short turnaround, so I would encourage realtors to carefully consider what could go wrong with a situation when drafting a clause, what each party is responsible for and how the situation can be resolved regardless of how it unfolds.

 

NF: What trends are impacting real estate transactions today?

 

BB: We’re seeing big changes from a few years ago when interest rates were lower, which generated greater demand from purchasers, giving sellers more power to push for unconditional agreements.

There are now fewer bidding wars, allowing buyers to be more careful in drafting offers with conditions for financing and inspection. I think this results in less volatility, where buyers are better able to determine whether they can afford their purchase before they fully commit and whether the property is as good as advertised, or as good as it looked when cleaned and staged. I think we’re seeing less buyer’s remorse as a result, and probably fewer lawsuits resulting from buyers’ inability to close due to lack of funds, or lawsuits against sellers for failing to disclose defects.

On the seller side, I think there has been some reticence to sell unless the owners absolutely have to sell because many people were (and currently still are) locked into low interest rates from the pandemic era. Many of those low-interest mortgages will be maturing in the next year or so, meaning homeowners may decide there’s less downside to moving since they’ll have the same interest rates regardless. Most people who sell will also have to buy somewhere else, so this may result in a busier market in the near future.

 

NF: Are agreements falling apart and if so, why?

 

BB: With more conditional agreements, there are more uncompleted deals due to conditions not being met. This frustrates sellers but results in fewer cases of buyers reaching the closing date without funds.

Unconditional agreements were good for sellers as long as the buyer could actually complete the transaction they agreed to, which in some cases they could not. We’re seeing fewer requests for extensions, hopefully less time wasted on deals the buyer was never able to complete and more deals completed by committed, satisfied buyers.

 

NF: What about refinancing? Are homeowners opting for this instead of selling? 

 

BB: When interest rates dropped during COVID, we saw a lot of people choosing to refinance to take advantage of the lower rates. Since interest rates have risen, homeowners are holding onto their current interest rates.

I think many people in this situation will have to renew sometime in the next year or so, resulting in a surge of refinancing, particularly with private lenders who do not have as strenuous conditions for qualifying. Some people who need to refinance may instead choose to sell and buy somewhere else, which might liven up the market.

 

NF: Any additional insights on the current real estate landscape?

 

BB: Most of the agents and mortgage brokers I speak to seem to be more positive about the market this year, with expectations of growth for some of the reasons I mentioned. I think the pandemic market was a bit of an anomaly, but things will fall somewhere between that market and the one we’ve seen for the past year or so.

 

The takeaways

 

When crafting Agreements of Purchase and Sale, realtors should prioritize meticulous attention to detail, especially when incorporating non-standard clauses. The key is to anticipate potential scenarios and ramifications, avoiding vague or insufficiently detailed provisions. Essential considerations include outlining specific terms for holdbacks, repairs or other contingencies, along with clear guidelines on dispute resolution.

Collaborating with legal professionals during the drafting phase is strongly advised, ensuring that the agreement aligns with legal standards and safeguards the interests of both buyers and sellers. Realtors should view the agreement as a comprehensive roadmap, addressing possible twists and turns to provide clarity and minimize the risk of legal complications down the line.

By adopting this proactive and precision-focused approach, real estate professionals can enhance the integrity of their transactions and foster trust with clients.

 

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