Toronto real estate facts and News, from Humber Bay Shore Condos, West Toronto, Etobicoke, Mississauga and Oakville. Neighbourhood Profiles, News Items, Information on Real Estate Trends, Market Statistics, Buying; Selling Tips and Commentary
Wednesday, June 29, 2011
What is a Status Certificate?
Sunday, June 26, 2011
Bidding Wars in Toronto west
Most sellers will instruct their agent to tell this anxious buyer to wait until the proper time period. However, if the seller wants to consider the offer, their agent will then change the information on the MLS listing immediately to notify every other agent that the rules have changed, and that offers can be submitted that evening. The agent will also likely call every other agent who has expressed an interest in the property to tell them personally that offers can now be brought immediately.
When a buyer agent has a signed offer, they will usually call the listing agent office to register their offer verbally. There is a protocol that has been established in Toronto that if you were the first to register your offer, you will be given the first opportunity to present it to the seller in person, if there is more than one offer. This is just a protocol, and does not have to be followed by every real estate firm.
However, an offer is not completed unless it is communicated to the seller or seller’s agent, either by personal delivery, fax or email. Therefore, a buyer can still cancel their offer at any time before it is communicated. That is why an offer might be registered but never delivered. The buyer changed his or her mind.
Why can’t we have a silent auction? When buyers make offers through an agent, the agent has an ethical obligation not to disclose the contents of any offer to any of the other buyers. A seller agent can only tell all other bidders how many offers were received. They cannot tell the price or identity associated with any of the offers. However, a private seller could take one buyer offer and just show it to another bidder. This is one of the main reasons private sellers have trouble creating bidding wars.
There is one glaring singular omission; While you purchase the house emotionally and the justify your purchase with logic, the reality of overbidding, Paying over the asking price, needs to be justified to the lending institution with an appraisal.
Saturday, June 25, 2011
You must convey Acceptance!
However, an offer is not completed unless it is communicated to the seller or seller’s agent, either by personal delivery, fax or email. Therefore, a buyer can still cancel their offer at any time before it is communicated. That is why an offer might be registered but never delivered. The buyer changed his or her mind.
Mark Weisleder is a lawyer, author and speaker to the real estate industry. Contact Mark at mark@markweisleder.com
Friday, June 24, 2011
Imagine... You could be home already
Wednesday, June 22, 2011
Are we interested in Toronto Waterfront Redevelopment?
Monday, June 20, 2011
Let's check your Line of Credit
TD’s Customer Retention Strategy - Collateral Mortgages
Last year TD Canada Trust announced they will be registering all of their mortgages as collateral mortgages. What does this mean for the consumer?
TD has instituted some very popular banking changes in the last few years....extended banking hours and opening branches on weekends to name a few. With the announcement of registering all of their mortgages as a collateral mortgage they were trumpeting it in the media as a major win for consumers....but is it really?
First let’s talk about what makes a collateral mortgage unique.
Unlike a traditional mortgage a collateral loan is made up of a promissory note backed by a lien registered against the property. If you have a line of credit registered against your home, chances are you already have a collateral mortgage. They certainly are not new in Canada and have been used for years......mostly for home equity lines of credit.
So what makes a collateral mortgage different? The way the mortgage is constructed is ideal for a line of credit because it allows the balance of the mortgage to float up and down. A traditional mortgage has the terms of the loan (amount, amortization, rate and term) clearly outlined and registered against the property and does not really allow for changes to these terms. As you make your monthly payments the balance of the loan goes in one direction....down. On the other hand, a collateral mortgage allows you to register the value of the mortgage for as much as you want. In TD’s case they will go up to 125% of the value of the property.
This makes it easier for you to access the equity in your home at a future date. Since the loan is already registered at the higher value, it is just a matter of advancing the client more money without having to alter the terms of the registered mortgage which saves time and money.
Sounds great right? Not really. There is a big downside to collateral loans which makes them very unattractive in most situations. Simply, collateral mortgages take away your choice. Upon renewal with a traditional mortgage the client is able to shop around and possibly move their mortgage to a new lender with a more attractive rate or product. The legal work is minimal and is usually covered by the new lender free of charge. However, the more complicated structure of a collateral loan takes quite a bit more legal work and is therefore not covered by the new lender. In short, it is going to cost the customer money to get a better rate. TD is betting most clients will not want to incur this expense and will stay with TD even with a less attractive rate.
The collateral structure allows the bank to change the terms of the loan after closing. This can be helpful if you want to borrow more money, but can also be quite helpful when the bank wants/needs to change your interest rates. In some cases, missing a payment can trigger an increase in your rate.
As well, for some, having easier access to the equity in their home can be a slippery slope. TD would like people to think the collateral mortgage is all about customer service, but in reality is about customer retention. With any mortgage you should always read the terms carefully and know exactly what you are getting.
For more information on collateral mortgages please visit www.YourLowMortgage.ca or contact Invis Mortgage Broker, Brad Compton at 416-671-2183.
David Pylyp This was a small change that has gone un-noticed by a number or people until they need to adjust their lines of credit or change lenders. It is always advisable to have your financing reviewed by an independent third party. Always great advice.
Wednesday, June 8, 2011
Is Bloor West for you? Homes west Toronto?
East Oakville bungalow Homes west Toronto
Saturday, June 4, 2011
Avoid Buyer Representation Mistakes
Buyer Representation Agreements: Make sure buyers understand what they’re signingThis is a worthwhile update from OREA.
The most common complaint to the Real Estate Council of Ontario (RECO) is from consumers who say they didn’t understand what they were signing when they entered into a Buyer Representation Agreement.
Hundreds of telephone inquiries are fielded by RECO on this topic each year, according to Registrar Allan Johnston, who adds that consumers and registrants need more education and awareness around this particular document.
“This is very prevalent and is likely the number one issue among RECO officers who deal with complaints,” says Allan Johnston. Disputes arise on points such as the services to be provided, the length or term of the agreement, options available to the consumer, whether early termination of the agreement is available and under what terms, and how complaints will be resolved.
“The more educated that both consumers and registrants are about what they’re signing and what it means, the better the chances are of reducing complaints,” he adds. “It’s much better to prevent misunderstandings at the outset than to deal with the consequences after the fact.”
Most registrants are well aware of this and make every effort to ensure that their clients are protected and understand the document in front of them, says Allan Johnston. “However, real estate is a competitive business and people can be in a hurry these days, so some may not take the time they should to explain things.”
The Toronto Real Estate Board (TREB) ran an advertising campaign to raise awareness and promote the value of Buyer Representation Agreements and the services that REALTORS® bring to the public, says Bill Johnston (no relation), President of TREB. Visit www.BRAfirst.ca to check it out.
“It’s important for REALTORS® to sit down with prospective buyers from the very beginning and have a full, thorough discussion about their wants, needs and desires, and at that time you should also lay out clearly what services you can provide,” he says. “It’s important because you’ll learn whether you want to work with them and vice-versa. At the end of that comprehensive discussion, the Buyer Representation Agreement should be presented and explained thoroughly in order to create an exclusive, mutually beneficial relationship.”
Complaints from a consumer who claims she didn’t know what she was signing can sully the reputation of the real estate profession as a whole, Bill Johnston notes. “It tars us all with the same brush, and if a thousand real estate transactions occur, unfortunately the public will focus on the one that wasn’t done properly rather than the 999 that went well.”
The duration of an agreement can be an issue if the buyers are unaware of what they are signing or if the agreement is introduced at an inappropriate moment, Bill Johnston notes. The document should not be slipped into a stack of paperwork during an offer on a particular property, he says.
“That is unscrupulous behaviour and it cheats the consumer,” he says. “When buyers are putting in an offer on the house of their dreams, they’re so excited that they have stars in their eyes and they don’t care about paperwork, so they may not realize the implications of that document. Then if they don’t get the house and the relationship sours, they may discover that they’re committed to something they didn’t realize. They say they feel like they went on a blind date and ended up in a marriage that they couldn’t get out of for six months.”
Shorter terms on an initial Buyer Representation Agreement are a way for both parties to test the waters, he adds. This agreement can be like a “trial marriage,” says Bill Johnston, and it can be structured initially for 10 days or two weeks rather than three months.
From the REALTORS’® perspective, a Buyer Representation Agreement is beneficial because it demonstrates a commitment on both sides, even if it’s for a short time, he adds. The agreement ensures that the broker or salesperson will put the buyers’ best interests at heart, while committing the buyer to the REALTOR® for a given period. “Without the agreement, the buyers are like second-class citizens who lack the commitment from me that I’m working for their best interest, and meanwhile I’m concerned that despite the hours and effort I’m putting in for them, the buyers may drop me at any time and go to work with someone else. Once both parties have signed, I’m committed to them and they’re committed to me, even if it’s just for a few weeks.
“Many REALTORS® say that prospective buyers won’t be willing to sign a contract, but they will if they are properly approached,” says Bill Johnston, who is also a lawyer with a specialty in agency law. “Explain it thoroughly and get it all down in writing from the outset.”
Verbal arrangements are sometimes the basis by which buyers and real estate professionals operate, but they are non-binding on the buyer and do not benefit either party, he says. Verbal agreements aren’t worth the paper they’re not printed on, he laughs. Without a signed agreement, misunderstandings can develop, he says. The Buyer Representation Agreement outlines in detail the length of the exclusive relationship, the amount and nature of the commission (i.e. flat fee or percentage), and the geographical area to be covered.
Once an agreement is signed, the REALTOR® is fully committed to putting the clients’ best interests first, and the contractual relationship outlines in detail the rights and duties of both parties. “At that point I’m bound by laws and a code of ethics to look out for your best interests as a buyer,” says Bill Johnston. “One of the key obligations to the buyer is to stay within the confines of the REALTOR’S® expertise. That means if a buyer wants to look in a market area unfamiliar to me as a REALTO®, then I should refer the buyer to an expert in that area.”
Guidelines for REALTORS® on Buyer Representation Agreements
To prevent misunderstandings, use the following guidelines as a minimum to ensure that you are protected and that consumers are fully informed on their Buyer Representation Agreement before they sign.
•Inform them of the type of services that CAN be provided and, once agreed upon, the particular services that WILL be provided under the agreement
•Ensure that the buyer is fully aware of the geographic area to which the agreement applies as well as the type of property and price range
•Make the buyer aware of the term of the agreement and what process is in place to resolve disputes
•Encourage the consumer to ask questions related to the agreement’s content and that the answers provided are truthful and fair
•Be sure that the buyers fully understand their obligations related to any commission that they may be required to pay under the agreement
•Take time to ensure that the consumer has carefully read the agreement, understood its terms and acknowledged the agreement.
- you had an understanding sufficient to make an informed consent,
- Explained the form and obligations clearly
- Prove that they deserve the commission for the work they provided.