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Homebuyers targeted by fraudsters impersonating real estate lawyers

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Industry professionals say cases of fraud are becoming increasingly common as more processes of real estate transactions take place online, and as fraudsters become increasingly tech-savvy.Evan Buhler/The Canadian Press

Mortgage brokers and real estate lawyers are warning homebuyers of an emerging form of fraud in which criminals impersonate a lawyer through e-mail and convince people to send their down payments to fraudulent accounts.

In one case, mortgage broker Darren Lacy, who is based in Ajax, Ont., said fraudsters managed to hack into a real estate lawyer’s e-mail and used it to convince his client to wire $82,000 of a down payment to a fake account.

Mr. Lacy said his client was saved by a bank teller who found it suspicious that the lawyer asked for a wire transfer instead of a bank draft, and called the lawyer’s office to confirm whether they wanted the down payment.

In another case, Whitby, Ont.-based mortgage broker Denise Laframboise said one of her clients lost $88,000 when she received correspondence from an e-mail that looked very similar to her lawyer’s. Ms. Laframboise said her client only realized the e-mail was fake more than a week later.

Ms. Laframboise said her client’s financial institution said the transfer was made willingly and that there was nothing they could do to reverse the transaction.

Industry professionals say similar cases of fraud are becoming increasingly common as more processes of real estate transactions take place online, and as fraudsters become increasingly tech-savvy. They say the form of fraud involves criminals surveilling e-mail exchanges over a lengthy period of time before they impersonate real estate lawyers as the time comes for a down payment to be transferred.

Mr. Lacy had never previously seen fraudsters try to steal down payments through e-mail interactions before the pandemic. “The idea that this has happened to me twice in the last six months … it is happening more often,” said Mr. Lacy.

Ms. Laframboise said this form of fraud is likely a hiccup as more parts of real estate transactions happen virtually. Brokers and lawyers say that wire transfers and direct deposits are becoming a more common way to send down payments to your real estate lawyer, but said requests for that money will usually be discussed in a phone or video call first.

If you have any bad feelings about a request for money, the best course of action is to pick up the phone and call your lawyer through a number you’ve used before to ensure you’re transferring funds to a legitimate account, they say.

“As we do everything online, this kind of fraud is becoming more likely,” said Ms. Laframboise. “It used to be completely absurd to not meet your lawyer in person before COVID-19. Now we’ve transferred to Zoom, and people are more accepting.”

Toronto-based real estate lawyer John Aruldason said professional insurers and industry associations have been issuing warnings about the form of fraud in recent months.

Mr. Aruldason said one recent case study provided by an insurance company involved the sale of a roughly $30-million commercial property. Hackers were able to get into the e-mail account of the seller’s lawyers and watched a lengthy correspondence between the buyer and seller’s lawyers until they chose an opportune moment to send a fraudulent bank account number for millions of dollars to be transferred into.

Mr. Aruldason said that even though lawyers were involved in both sides of the transactions – and the buyer’s lawyer attempted to confirm the bank deposit details with the seller’s counsel – money was sent to the wrong account before being filtered to dozens of other overseas bank accounts.

Since lawyers were involved in both sides of that transaction, professional insurance companies were able to compensate the buyer.

However, in residential sales when a buyer is sending money themselves, Mr. Aruldason and Ms. Laframboise warned that there is no form of insurance that’ll cover them and buyers have to do their due diligence.

People affected by such forms of fraud have begun to take extra precautions, such as one firm that Mr. Aruldason worked with which details its standard practices for exchanging money at the bottom of every single e-mail.

“There’s a heavy reliance on online communication, but a lot of this fraud can be mitigated by speaking to your professionals,” said Mr. Aruldason.

Mr. Lacy’s client, who was saved by an inquisitive bank teller, has started incorporating a secret word in every single e-mail between them and Mr. Lacy to verify their identity.

The process of purchasing a home can be chaotic and stressful, but Mr. Lacy urged people to pick up the phone and call their real estate agents, mortgage brokers or lawyers any time they’re being asked to do something that feels suspicious, such as sending personal information or large sums of money. He said verbal confirmation can be the easiest way to spot fraud.

Ms. Laframboise said homebuyers should also try to confirm that the e-mail is being sent from a proper e-mail address, not one that is similar to the professional they’re working with. People who are suspicious of any correspondence should call their broker or lawyer through an existing contact in their phone or a number listed on Google, she said, rather than one listed in a suspicious e-mail.

She added that people who realize they’ve sent money to a fraudster should contact their bank as quickly as possible – she has heard of one case where a bank was able to freeze the money transfer because a home buyer realized their mistake immediately.


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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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