Lunch with the President

RAHB President Jack Loft recently enjoyed lunch with Stephanie Hubraj of Right at Home Realty in Burlington. Stephanie is a busy REALTOR®, anxious to be part of the RAHB volunteer corps next year, and hopes the Association soon moves to electronic lock boxes. Stephanie’s blended family, that includes college and university students, keepher busy!

For your chance to have lunch with the RAHB President, please e-mail your name to president@rahb.ca.

RAHB @ CREA PAC Days

From September 30 to October 2, RAHB was in Ottawa for CREA’s Political Action Committee (PAC) Days. RAHB President Jack Loft, RAHB CEO George O’Neill, Government Relations Chair Nicolas von Bredow, Government Relations Vice-Chair Margaret Reid, and RAHB Manager of Communications & External Relations Wendy Stewart heard several informative speakers discuss housing and the issues affecting affordability. These speakers included:

  • The Honorable Joe Jordan, former Parliamentary Secretary to the Prime Minister and Senior Associate at Bluesky Strategy Group
  • Perrin Beatty, President & CEO of the Canadian Chamber of Commerce who spoke on USMCA
  • David Colletto, founder partner of Abacus Data who presented data from a millennial survey. (More information about this survey can be found at http://abacusdata.ca/housing-affordability-is-the-top-issue-for-millennials-who-are-looking-to-achieve-the-dream-of-homeownership/)
  • PAC Days Media Panel, consisting of Chantal Hebert, Don Martin and Rob Russo
  • MPs Karen Vecchio and Roger Cuzner
  • The Hon. Andrew Scheer, Leader of the Official Opposition
  • The Hon. Jean-Yves Duclos, Minister of Families, Children and Social Development
  • Political Pundit Panel, consisting of Kathleen Monk, Tim Power and Lisa Kinsella

CREA also presented two major recommendations/asks that PAC reps were to address with their MPs during meetings scheduled in Ottawa:

  1. Increasing the First Time Home Buyers’ Tax Credit from $750 to $2,500
  2. Evaluating policies that affect home ownership, i.e. consider the stress test in a regional perspective

For more information on these recommendations/asks, as well as resources for if you speak with your MP, please click on the buttons below:

Brochure for MPs FAQs for Recommendations/Asks

The meetings with three of RAHB’s MPs (Bob Bratina, Scott Duvall and David Sweet) went very well, with each MP being supportive of the recommendations and asks. Mr. Sweet went so far as to recommend that the First Time Home Buyers’ Tax Credit be increased to $5,000.

Unfortunately, RAHB reps were unable to meet with the other MPs who represent RAHB’s market area due to scheduling conflicts:

  • The Hon. Karina Gould (Burlington)
  • David Christopherson (Hamilton Centre)
  • The Hon. Filomena Tassi (Hamilton-West – Ancaster – Dundas)
  • The Hon. Lisa Raitt (Milton)
  • Diane Finley (Haldimand-Norfolk)
  • Dean Allison (Niagara-West)

RAHB will continue to reach out to our MPs over the next year as we lead into the next federal election, and we encourage RAHB members to do the same. If you have any questions about CREA’s PAC Days or the resources above, please do not hesitate to contact Wendy Stewart at wendys@rahb.ca.

RECO Update – Processing Delay

RECO issued the following update on their application processing delay:

We’d like to update you on a recent RECO application processing delay.

We have been experiencing longer-than-normal processing times following our recent migration to an upgraded internal database system. When the new system went live, it led to a number of unexpected functionality challenges. The bulk of those challenges have been resolved; however, technical issues were compounded during the last two weeks of RECO’s insurance period, with a large volume of registrants paying their insurance at the same time.

These challenges impacted RECO’s ability to process applications, resulting in a temporary increase in the volume of applications processed. Applications that impact an individual’s ability to trade (new registrations and reinstatements) have been given priority.

We are pleased to announce that we have returned to our posted service level standards for processing new registrations and reinstatements (10 business days).

For those existing registrants who have submitted renewal applications, we expect they will be processed by the end of October.

Please note that this processing delay does not impact a registrant’s ability to trade.

Once a renewal application and fee have been submitted, an individual’s registration is deemed to continue and they are allowed to continue trading while their application is processed. To show proof of eligibility to trade, registrants may use the MyRECO Certificate App and search tool on RECO’s website.

We apologize for the frustration that this delay may have caused. Rest assured we are working quickly and diligently to return to our service level standards for renewal applications.

 

Notice from City of Hamilton – Sign Bylaw

On Monday, October 1, the City of Hamilton sent a notice to all Hamilton Brokers of Record regarding the City’s intention to pursue sign bylaw infractions.

Even if your office is not located in the City of Hamilton, you must abide by the City’s sign bylaws if you have a listed property in Hamilton.

Here is what the letter said:

Dear Brokers and Agents;

Please be advised that Licensing and By-law Service Officers have noticed a proliferation of Open House Signs in contravention of the Sign By-law. While it is not the City’s intention to adversely impact your business, we can no longer ignore the blatant violations of the By-law.

Moving forward we will proactively enforce the regulations of the Sign By-law with respect to real estate signs and will investigate any formal complaints.

For your convenience, here are the regulations:

Open House directional sign

It is a contravention of the Sign By-law to place a temporary, free-standing sign advertising an open house except:

(i) between 10:00 a.m. and 6 p.m. of the day of the open house;

(ii) with a maximum sign area of 0.5 m2 ;

(iii) not displayed on a traffic island or median or attached to a light standard or utility pole; and

(iv) at least 0.3 m from a sidewalk;

Signs that are in contravention of the by-law will be subject to enforcement action, including the City removing the sign with fees being imposed and charges laid to a maximum amount of $5,000.00 upon conviction. Signs removed will be stored for a period of 28 days, after which they will be disposed of. Signs can be redeemed within the 28 days period upon payment of applicable fees prescribed in the City’s User Fees and Charges By-Law.

I trust this information is helpful. If you have any questions, or concerns, please feel free to contact me via e-mail at Lynne.Shewfelt@hamilton.ca.

For additional information on the Sign By-law please visit the City of Hamilton Website: http://www.hamilton.ca/FrequentlyRequestedBylaws, and select the Sign By-Law.

Complaints can be emailed to Licensing@hamilton.ca or by calling 905-546-2782 (option #3).

Lunch With the President

RAHB President Jack Loft recently enjoyed lunch with Ellen Boyce of Royal LePage State Realty. Ellen is a highly successful REALTOR® and claims to have been in the business 40 years – which means she must have started when she was 6! Ellen worries that new registrants have a tough time succeeding due to the many REALTORS® in the field and lack of challenging entry requirements. Ellen has provided sage advice and mentoring to many current RAHB members, including Jack.

For your chance to have lunch with the RAHB President, please e-mail your name to president@rahb.ca.

Seniors Day is October 1 – What Support is Available For The Seniors In Your Life?

This Monday, October 1 is National Seniors Day in Canada. It’s a day set aside to celebrate and honour seniors in this country – those who are over the age of 64. In addition to showing your respect and gratitude for the older adults in your life, this presents an opportunity to remind family, friends and clients of the housing/home resources available for seniors.

At the provincial level there are several resources that benefit our seniors:

There are also several resources available at the municipal level:

  • City of Hamilton offers Tax Assistance Programs, including a specific seniors (65+) tax rebate. These can be found on the City of Hamilton website at hamilton.ca/home-property-and-development/property-taxes/tax-assistance-programs.
  • Region of Halton (Burlington) offers the Halton Accessibility Repair Program (HARP). If you are a home owner and need modifications to your home to increase accessibility, HARP may be able to help. HARP provides limited funding to eligible homeowners to improve and/or maintain independent living. For more information please visit http://beta.halton.ca/For-Residents/Housing-Supports-and-Services/living-in-assisted-housing/Halton-Accessibility-Repair-Program-(HARP).
  • In Haldimand, Senior Support Services provide information and resources for seniors, including house cleaning, outdoor yard work, snow removal and minor repairs. More information and resources can be found at seniorsupport.ca/.
  • In the Niagara region, Community Support Services Niagara is a volunteer based not-for-profit agency providing comprehensive client-driven community support services to help seniors and adults with disabilities live independently in their own homes. Services include home maintenance, leaf and snow removal, safety at home resources, and others. For more information, please visit cssn.ca/.

These are just a few of the resources available within our RAHB areas that can help seniors with their housing/home needs. In addition to the above-listed resources, even more can be found at www.ShowMetheGreen.ca.

We encourage you to share these resources with your clients, friends and family to ensure our seniors are best prepared for their residential situation.

And please use the hashtag #SeniorsDay on Twitter, Instagram and Facebook on October 1 to share any additional resources you have with your fellow REALTORS® — and tag us too!

Lunch with the President

RAHB President Jack Loft enjoyed a great lunch with longtime REALTOR® and volunteer Nancie Mleczko, of Coldwell Banker Community Professionals. Nancie is helping with a current Hamilton mayoral campaign and is a member of RAHB’s Nomination committee. Nancie is passionate about seeing fresh faces put their names forward for positions on the RAHB Board, and is another one of our members who believes integrity needs to be an important part of our business.

For your chance to have lunch with the RAHB President, please e-mail your name to president@rahb.ca.

The Supreme Court of Canada Decision on VOWs, and Impact for RAHB Members

On August 23, 2018 the Supreme Court of Canada dismissed TREB’s application to appeal the Competition Tribunal’s ruling that TREB abused its dominant position, finding that:

  • TREB controlled the market for MLS® System-based residential real estate services owing to its control over the MLS® System, a key input for the supply of residential real estate services;
  • the purpose of TREB’s restrictions was to resist the emergence of Virtual Office Website (VOW) brokerages due to concerns that VOWs could lead to greater competition among its members; and
  • TREB’s restrictions substantially prevented competition.

What is a Virtual Office Website (VOW)?

A VOW is a password-protected area of a brokerage’s website where consumers who have entered into a lawful broker-consumer relationship with the brokerage can log-in to view listing information provided to the brokerage through an MLS® System VOW data feed, subject to certain terms and conditions.

A VOW is therefore very different from a website that advertises listing information.

It is up to brokers of record to determine if their individual salespeople and brokers are allowed to provide VOWs using the data feed available to the brokerage from RAHB.

On August 28, 2018 RECO clarified that including sold data on a password protected VOW does not go against REBBA 2002 advertising rules – http://www.reco.on.ca/professionals-news/supreme-court-declines-hear-trebs-appeal-competition-bureau-means-compliance-rebba/.

What does this mean?

Real estate boards and associations that currently have a VOW data feed, or are considering implementing one (as RAHB currently is) are expected to follow the decision of the Supreme Court of Canada and the Competition Tribunal with respect to making “Disputed Data” available for members who wish to implement password protected virtual office websites.

The Disputed Data means property listing related to:

  • Sold prices
  • Pending sold prices (where no condition remain other than closing)
  • Withdrawn/ expired/ suspended/ terminated status, and
  • Cooperating commission

Immediate Next Steps for RAHB:

  • A contract regarding VOWs and related MLS® rules and regulations is being drafted now in consultation with RAHB’s and CREA’s lawyers.
  • This information is to be reviewed by RAHB’s Board of Directors on October 30, 2018.
  • Implementation at RAHB is expected to occur in early November 2018.

Follow RAHB’s weekly e-newsletter, NewsReal, and information posted to the RAHB Blog at blog.rahb.ca for updates.

Background Information:

Supreme Court of Canada Decision

August 23, 2018 – The Supreme Court of Canada (SCC) ruled in favour of the Bureau and dismissed TREB’s application to appeal, meaning the Competition Tribunal order would now take effect.

December 2017 – Following the Tribunal’s ruling, TREB filed a motion to appeal the decision with the Federal Court of Appeal (FCA), which was dismissed. TREB then filed an application for leave to appeal to the SCC.

Competition Tribunal Ruling Against TREB

June 2016 –The Tribunal ordered TREB to stop its practice of anti-competitive acts, as well as other measures necessary to restore competition.

April 2016 – The Competition Tribunal ruled that TREB had abused its dominant position, finding that:

TREB Litigation with the Competition Bureau

2015 – TREB forced real estate brokers to stop sharing house sale information publicly with customers with the threat of revoking access to the MLS® System.

2014 – Supreme Court of Canada refused to hear an appeal of the Federal Court’s decision, and sent the case back to the Competition Tribunal for another hearing.

May 2011 – The Competition Bureau first took action against TREB when it filed an application with the Competition Tribunal alleging it had abused its dominant position in the market for residential real estate brokerage services.

The case focused on TREB restrictions on the use and online disclosure of certain important data in the MLS® System. While TREB allowed its members to share data with clients by hand, e-mail, or fax, it prevented the same data to be displayed online through Virtual Office Websites (VOWs).

TREB also excluded sales data from its electronic data feed to its members, limiting their ability to develop new and sophisticated analytical tools. The Bureau alleged that TREB’s restrictions limited the impact of new and innovative business models and services that were a competitive threat to TREB members who preferred to compete using more traditional business models.

TREB’s argument claimed that these restrictions were designed to protect consumer privacy to comply with federal privacy law and requirements of the provincial real estate regulator.

Actions Leading to TREB’s Litigation with the Competition Bureau

2009 –             Separate lawsuit brought against TREB for anti-competitive actions

2004 –             Lawsuit with Realtysellers was settled

2002 –             TREB and CREA were sued by Realtysellers for alleged anti-competitive practice

Resources:
Federal Court of Appeal Decision dated December 21, 2017
Competition Tribunal Ruling
Competition Tribunal Case Information
Backgrounder: Abuse of dominance by the Toronto Real Estate Board
TREB Frequently Asked Questions Regarding Tribunal Decision

 

Santa 5k

 

Start training now to take part in the REALTORS® Association of Hamilton-Burlington’s Santa Hamilton 5K Run or Walk on Sunday, November 25, 2018!

RAHB is the title sponsor for this fun annual walk/run and we are encouraging all members, their families and friends to take part! And did we mention that you have to wear a Santa suit? Really – it’s one of the rules, and it’s part of the fun!

Use code RAHBSanta5K to save $10 off your entry fee! You can share this with your friends, family and clients.

And there’s more! RAHB is issuing a challenge to all brokerages to collect non-perishable food, baby and toiletry items for a mass donation to a Hamilton-area food bank. There are two special prizes for the brokerage that collects the highest number of items – more details about the competition and prizes will be coming soon!

Register Now

RAHB dues deadline September 30, 2018

The quarterly RAHB dues have been billed and e-mailed to you as part of your August monthly invoice.  Please note that dues are payable no later than September 30, 2018.

Full Member
$125.00 – RAHB dues (September – December)
$  28.75 – OREA dues (September – December)
$  77.50 – CREA dues (September – December)
$  30.06 – HST
$261.31 – Total

Acceptable methods of payment are:
In Person: Visa, MasterCard, Interac, cash or cheque
By Phone: Visa or MasterCard
Online through Matrix: Visa, MasterCard, AMEX, Visa Debit   http://my.rahb.ca
Online: CIBC/PC Financial, Royal Bank, Scotia Bank, TD Canada Trust – for assistance to set-up, please contact Karin at 905.529.8101 x 258.

Pre-Authorized payment subscribers will be processed on Friday September 21, 2018.

A reminder about notifying RAHB of terminations in your office
Brokerages are responsible for notifying RAHB when members in their office resign or otherwise leave.  Notice must be received by RAHB within seven business days of the member leaving.  If notice is delayed beyond the seven business days, the Brokerage will be assessed a penalty of $50 per incident. (RAHB Bylaw, Article 4, Section 1.02.)

Lunch with the President!

RAHB President Jack Loft enjoyed lunch with Michelle Shivbarran (Royal LePage State Realty). Michelle has been a REALTOR® for two years and is an active volunteer with the Association. Michelle always looks for educational opportunities and strives to set a good example of professional conduct. Michelle is a fan of the Association’s efforts at providing quality services to members and of our efforts to enhance communication and professionalism.

For your chance to have lunch with the RAHB President, please e-mail your name to president@rahb.ca.