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Real estate buyers muscle in with heavy demands – The Globe and Mail

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A home for sale in Toronto’s Annex neighbourhood on July 18.Fred Lum/The Globe and Mail

In a nearly dormant real estate market, some sellers are confronting the revival of an anachronistic practice: Nervous buyers are making their offer to purchase a property conditional on the sale of the one they already own.

Buyers in a hot market have no chance with an offer tangled in such a gnarly condition, but in a market downturn or a region where properties are slow to trade, sellers become more amenable.

Matthew Regan, a broker at Royal LePage Real Estate Services, saw a few buyers attach the clause during the market slowdown of 2018 but it disappeared when sales rallied again.

In Oakville and Mississauga, where Mr. Regan concentrates much of his business, offers conditional on the sale of the purchaser’s property are rare today but starting to pop up, he says.

In Mr. Regan’s view, the strategy can be successful but sellers need to be wary. Once a property has been sold conditionally, that information become public. The property remains visible on the Multiple Listing Service but some buyers may avoid even booking a showing.

“It can slow the momentum,” he says. “It kind of red flags the house in the buyer’s eye.”

Mr. Regan says such a deal usually includes an “escape clause” in the Agreement of Purchase and Sale. The clause allows the seller to continue to market the house and show it to other potential buyers. If a second buyer submits an offer acceptable to the seller, the seller informs the first buyer, who then has a period time – typically 48 hours – to waive the condition or back off.

To trigger that escape clause, the second buyer must be willing to come forward with a tempting offer that forces the hand of the original buyer.

The risk for the second buyer is that they may end up being used as a pawn, cautions Mr. Regan because they are providing the seller with leverage over the first buyer.

“The seller is, in theory, very happy with that offer. The seller is in the driver’s seat,” Mr. Regan says. “As the second buyer, you can waste a lot of emotional time.”

Mr. Regan says sellers should be aware that a lot of house hunters would rather avoid such a convoluted process and just look for a property that hasn’t been sold conditionally.

He knows of one deal in Oakville that fell through after the sellers of a home around the $2.5-million mark accepted an offer conditional on the sale of the buyer’s home in the $3.2-million range.

“In a market like this, it’s in an area where there’s just not a lot of houses selling above $3-million,” he says.

Two homeowners recently accepted the condition on sales agreements in the firm’s London, Ont., offices, he adds.

Mr. Regan says the pace of sales in London tends to lag the Greater Toronto Area by six to eight weeks, and sellers are more likely to be receptive to such a condition in areas where their property has been sitting for a long time.

“This might be the first offer they’ve seen.”

According to the London-St. Thomas Association of Realtors, the number of new listings was the highest ever recorded in the month of June, while the number of sales was at its lowest point in the past 10 years for June. That trend has pushed “months of inventory” – a measure of the time it would take to sell all the active listings at the current pace of sales – to 2.8 in June from 1.7 in May.

In the Waterloo region west of Toronto, broker Thien Nguyen of TrilliumWest Real Estate says he has seen more conditional offers in the past couple of months than in the previous two years.

In the first week of July, the number of conditional sales jumped 47 per cent from one month earlier.

The Kitchener-Waterloo Association of Realtors reported a 24-per-cent drop in sales in June compared with June, 2021. Prices have dipped as the number of properties for sale has steadily increased, according to the association.

Sales in the GTA plunged 41 per cent in June compared with the same month last year and dipped 4.7 per cent from May on a seasonally-adjusted basis.Fred Lum/The Globe and Mail

Making an offer conditional on the sale of the buyer’s property is also a growing trend, says Mr. Nguyen, with 38 per cent of conditional offers containing that clause.

If Mr. Nguyen is representing the sellers, he first gathers as much information as he can about the house that needs to be sold. He talks to the buyer’s agent to find out when they plan to list, in which neighbourhood, and at what price. If the house is not in a great area or needs a major renovation and therefore might take longer to sell, he would advise the homeowner not to accept and keep the listing on the market.

Elise Stern, broker with Harvey Kalles Real Estate Ltd., says the market in midtown Toronto is holding up better than those in the suburbs but, on average, houses are taking longer to sell compared with earlier this year. In recent years, when supply was tight, Ms. Stern advised homeowners to buy their next property before selling an existing one. Now she recommends they sell first.

Sales in the GTA plunged 41 per cent in June compared with the same month last year and dipped 4.7 per cent from May on a seasonally adjusted basis.

Buyers are adding more conditions to their offers, she says. The most common conditions concern financing or home inspection, but on some occasions they include the sale of a purchaser’s home, Ms. Stern says, “which we haven’t talked about in years but now is here again.”

She says some buyers have floated the idea but she thinks it’s better for sellers to agree to a longer closing if they can.

“I try and steer the deal that way,” she says.

In one recent transaction, the seller agreed to a closing after 120 days instead of the more usual 60 or 90.

If day 120 arrives and the purchaser hasn’t sold the property, she would suggest that the seller extend the closing again rather than lose the buyer all together.

Ms. Stern is also working with buyers who looked at a house they like but they need time to mull before making an offer. The seller’s agent called to say the homeowner is thinking about taking the house off the market and relisting in the fall. Ms. Stern asked if they would accept closing at a later date since they may have to wait for a buyer until the fall in any case.

“Why not offer a longer closing if it gets the deal done,” says Ms. Stern, who is a former lawyer. “The veterans have seen tough times. Now you have to be smart and creative.”

Mr. Regan of Royal LePage expects demand to pick up again, but if the market remains slow, more homeowners who are seeing their property languish may be motivated to consider such a deal. He would do his homework on the potential buyer’s existing home before recommending a seller accept such a condition.

He would ask for details on the home’s condition, neighbourhood and the marketing plan of the buyer’s agent.

If the house appears to be worth $1-million but they plan to list it at $10-million, he’d advise the sellers to send them on their way. But if the buyers plan to list their existing house at $999,000 and it seems likely to sell quickly, he might advise the sellers to accept.

“You would hope for a buyer with an easy sale,” he says.

If the buyer is unsuccessful in selling their first home before the agreement runs out, the buyer receives their deposit back and the two sides agree to a mutual release. Mr. Regan cautions that even that outcome can be hazardous to the seller.

“The unknown is, you don’t know how many showings you lost.”

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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B.C. voters face atmospheric river with heavy rain, high winds on election day

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VANCOUVER – Voters along the south coast of British Columbia who have not cast their ballots yet will have to contend with heavy rain and high winds from an incoming atmospheric river weather system on election day.

Environment Canada says the weather system will bring prolonged heavy rain to Metro Vancouver, the Sunshine Coast, Fraser Valley, Howe Sound, Whistler and Vancouver Island starting Friday.

The agency says strong winds with gusts up to 80 kilometres an hour will also develop on Saturday — the day thousands are expected to go to the polls across B.C. — in parts of Vancouver Island and Metro Vancouver.

Wednesday was the last day for advance voting, which started on Oct. 10.

More than 180,000 voters cast their votes Wednesday — the most ever on an advance voting day in B.C., beating the record set just days earlier on Oct. 10 of more than 170,000 votes.

Environment Canada says voters in the area of the atmospheric river can expect around 70 millimetres of precipitation generally and up to 100 millimetres along the coastal mountains, while parts of Vancouver Island could see as much as 200 millimetres of rainfall for the weekend.

An atmospheric river system in November 2021 created severe flooding and landslides that at one point severed most rail links between Vancouver’s port and the rest of Canada while inundating communities in the Fraser Valley and B.C. Interior.

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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No shortage when it comes to B.C. housing policies, as Eby, Rustad offer clear choice

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British Columbia voters face no shortage of policies when it comes to tackling the province’s housing woes in the run-up to Saturday’s election, with a clear choice for the next government’s approach.

David Eby’s New Democrats say the housing market on its own will not deliver the homes people need, while B.C. Conservative Leader John Rustad saysgovernment is part of the problem and B.C. needs to “unleash” the potential of the private sector.

But Andy Yan, director of the City Program at Simon Fraser University, said the “punchline” was that neither would have a hand in regulating interest rates, the “giant X-factor” in housing affordability.

“The one policy that controls it all just happens to be a policy that the province, whoever wins, has absolutely no control over,” said Yan, who made a name for himself scrutinizing B.C.’s chronic affordability problems.

Some metrics have shown those problems easing, with Eby pointing to what he said was a seven per cent drop in rent prices in Vancouver.

But Statistics Canada says 2021 census data shows that 25.5 per cent of B.C. households were paying at least 30 per cent of their income on shelter costs, the worst for any province or territory.

Yan said government had “access to a few levers” aimed at boosting housing affordability, and Eby has been pulling several.

Yet a host of other factors are at play, rates in particular, Yan said.

“This is what makes housing so frustrating, right? It takes time. It takes decades through which solutions and policies play out,” Yan said.

Rustad, meanwhile, is running on a “deregulation” platform.

He has pledged to scrap key NDP housing initiatives, including the speculation and vacancy tax, restrictions on short-term rentals,and legislation aimed at boosting small-scale density in single-family neighbourhoods.

Green Leader Sonia Furstenau, meanwhile, says “commodification” of housing by large investors is a major factor driving up costs, and her party would prioritize people most vulnerable in the housing market.

Yan said it was too soon to fully assess the impact of the NDP government’s housing measures, but there was a risk housing challenges could get worse if certain safeguards were removed, such as policies that preserve existing rental homes.

If interest rates were to drop, spurring a surge of redevelopment, Yan said the new homes with higher rents could wipe the older, cheaper units off the map.

“There is this element of change and redevelopment that needs to occur as a city grows, yet the loss of that stock is part of really, the ongoing challenges,” Yan said.

Given the external forces buffeting the housing market, Yan said the question before voters this month was more about “narrative” than numbers.

“Who do you believe will deliver a better tomorrow?”

Yan said the market has limits, and governments play an important role in providing safeguards for those most vulnerable.

The market “won’t by itself deal with their housing needs,” Yan said, especially given what he described as B.C.’s “30-year deficit of non-market housing.”

IS HOUSING THE ‘GOVERNMENT’S JOB’?

Craig Jones, associate director of the Housing Research Collaborative at the University of British Columbia, echoed Yan, saying people are in “housing distress” and in urgent need of help in the form of social or non-market housing.

“The amount of housing that it’s going to take through straight-up supply to arrive at affordability, it’s more than the system can actually produce,” he said.

Among the three leaders, Yan said it was Furstenau who had focused on the role of the “financialization” of housing, or large investors using housing for profit.

“It really squeezes renters,” he said of the trend. “It captures those units that would ordinarily become affordable and moves (them) into an investment product.”

The Greens’ platform includes a pledge to advocate for federal legislation banning the sale of residential units toreal estate investment trusts, known as REITs.

The party has also proposed a two per cent tax on homes valued at $3 million or higher, while committing $1.5 billion to build 26,000 non-market units each year.

Eby’s NDP government has enacted a suite of policies aimed at speeding up the development and availability of middle-income housing and affordable rentals.

They include the Rental Protection Fund, which Jones described as a “cutting-edge” policy. The $500-million fund enables non-profit organizations to purchase and manage existing rental buildings with the goal of preserving their affordability.

Another flagship NDP housing initiative, dubbed BC Builds, uses $2 billion in government financingto offer low-interest loans for the development of rental buildings on low-cost, underutilized land. Under the program, operators must offer at least 20 per cent of their units at 20 per cent below the market value.

Ravi Kahlon, the NDP candidate for Delta North who serves as Eby’s housing minister,said BC Builds was designed to navigate “huge headwinds” in housing development, including high interest rates, global inflation and the cost of land.

Boosting supply is one piece of the larger housing puzzle, Kahlon said in an interview before the start of the election campaign.

“We also need governments to invest and … come up with innovative programs to be able to get more affordability than the market can deliver,” he said.

The NDP is also pledging to help more middle-class, first-time buyers into the housing market with a plan to finance 40 per cent of the price on certain projects, with the money repayable as a loan and carrying an interest rate of 1.5 per cent. The government’s contribution would have to be repaid upon resale, plus 40 per cent of any increase in value.

The Canadian Press reached out several times requesting a housing-focused interview with Rustad or another Conservative representative, but received no followup.

At a press conference officially launching the Conservatives’ campaign, Rustad said Eby “seems to think that (housing) is government’s job.”

A key element of the Conservatives’ housing plans is a provincial tax exemption dubbed the “Rustad Rebate.” It would start in 2026 with residents able to deduct up to $1,500 per month for rent and mortgage costs, increasing to $3,000 in 2029.

Rustad also wants Ottawa to reintroduce a 1970s federal program that offered tax incentives to spur multi-unit residential building construction.

“It’s critical to bring that back and get the rental stock that we need built,” Rustad said of the so-called MURB program during the recent televised leaders’ debate.

Rustad also wants to axe B.C.’s speculation and vacancy tax, which Eby says has added 20,000 units to the long-term rental market, and repeal rules restricting short-term rentals on platforms such as Airbnb and Vrbo to an operator’s principal residence or one secondary suite.

“(First) of all it was foreigners, and then it was speculators, and then it was vacant properties, and then it was Airbnbs, instead of pointing at the real problem, which is government, and government is getting in the way,” Rustad said during the televised leaders’ debate.

Rustad has also promised to speed up approvals for rezoning and development applications, and to step in if a city fails to meet the six-month target.

Eby’s approach to clearing zoning and regulatory hurdles includes legislation passed last fall that requires municipalities with more than 5,000 residents to allow small-scale, multi-unit housing on lots previously zoned for single family homes.

The New Democrats have also recently announced a series of free, standardized building designs and a plan to fast-track prefabricated homes in the province.

A statement from B.C.’s Housing Ministry said more than 90 per cent of 188 local governments had adopted the New Democrats’ small-scale, multi-unit housing legislation as of last month, while 21 had received extensions allowing more time.

Rustad has pledged to repeal that law too, describing Eby’s approach as “authoritarian.”

The Greens are meanwhile pledging to spend $650 million in annual infrastructure funding for communities, increase subsidies for elderly renters, and bring in vacancy control measures to prevent landlords from drastically raising rents for new tenants.

Yan likened the Oct. 19 election to a “referendum about the course that David Eby has set” for housing, with Rustad “offering a completely different direction.”

Regardless of which party and leader emerges victorious, Yan said B.C.’s next government will be working against the clock, as well as cost pressures.

Yan said failing to deliver affordable homes for everyone, particularly people living on B.C. streets and young, working families, came at a cost to the whole province.

“It diminishes us as a society, but then also as an economy.”

This report by The Canadian Press was first published Oct. 17, 2024.

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