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Winnipeg real estate agent suspended for a month for professional misconduct in 2018 sale

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A Winnipeg real estate agent has been ordered to pay $6,000 in costs and temporarily suspended for failing to disclose accurate information about a condo dwelling to a buyer six years ago.

Rahim Omar Mirza brokered the sale of a Crescentwood condo to a woman without revealing foundation issues with the lower unit of the two-condo building, according to a settlement agreement between Mirza and the Manitoba Securities Commission filed with the Manitoba Financial Services Agency late last month.

According to the settlement agreement with the Manitoba government agency, Mirza showed the woman the condo on Oct. 12, 2018. She made an offer to purchase it that was accepted by the seller, whom Mirza was also representing. The offer was not subject to a home inspection.

The woman took possession of the condo on Nov. 14, 2018, and later became aware it had foundation issues.

She paid $34,535 to repair the foundation, according to her statement of allegations, which was filed with the commission last summer.

She met with the owner of the condo’s upper unit on March 3, 2019, who provided her with a home inspection report commissioned by a previous prospective buyer of the lower unit.

Inspection discovered foundation issues

An offer to buy the condo had been made on July 7, 2018, but it was subject to a home inspection.

A foundation contractor who carried out an inspection found problems with the front foundation wall, and the sale was cancelled.

Mirza was aware of the inspection, according to the settlement agreement, but he maintains he was not provided with a copy of the foundation contractor’s report.

However, in a text message to the buyer on Oct. 22 of that year, Mirza said he “just wanted to reiterate the fact that the condo building was 100% re-done in 2003 and the roof in 2015.”

Another message he sent her, three days later, said “we’ve had two other accepted offers since we listed [the condo] and those simply fell through because the buyers credit wasn’t good enough to get the mortgage.”

A window has a stylized logo of the letter M on it, with the words: The Manitoba Securities Commission below. In the foreground of the window is an office with a chair and desk.
A Manitoba Securities Commission panel approved a settlement agreement at a hearing on Dec. 28, 2023, stating it believed Mirza ‘committed professional misconduct and conduct unbecoming a registrant.’ (CBC)

The settlement agreement also says that the woman who bought the lower unit received copies of two emails between the person who owned the upper unit and the previous owner of the lower unit.

The June 12, 2018, email from the owner of the upper condo suite stated, “are we going to get that structural engineer to come in to look at the foundation?… I assume we do have some big structural issues so I was thinking that should be something we do regardless of who you may sell to.”

The July 13, 2018, reply from the then-owner of the lower condo suite stated, “Here I introduce Rahim Mirza, agent for the sale.… I don’t believe the structural issues will be so dire that I would be sued.”

When the commission asked Mirza about the buyer’s allegations, he said in a response dated Jan. 2, 2020, that he was unaware of any pre-existing structural or foundation issues from the seller.

Mirza reiterated that stance in an interview with two commission investigators on March 4, 2021.

Apologized for conduct ‘contrary to public interest’

In a letter to the commission on March 21, 2022, Mirza admitted he was dealing with stressful life events during the sale of the condo, which impacted both his work and his personal life.

“I sincerely apologize if I had fallen below the standard expected by the [commission] of a limited joint representation,” Mirza wrote in the letter.

He acknowledged his conduct in the transaction was “contrary to public interest.”

In August of 2020, the condo buyer filed a civil lawsuit in the Court of King’s Bench against Mirza and the previous owner. The matter was settled out of court, and the terms of the settlement are confidential, the settlement agreement with the Manitoba Securities Commission says.

A commission panel approved the settlement agreement at a hearing on Dec. 28, 2023, stating it believed Mirza “committed professional misconduct and conduct unbecoming a registrant.”

In a document outlining the reasons for its decision, the panel noted Mirza’s counsel had noted he has not been subject to any other complaints to the commission, and that he was remorseful for the way he had conducted himself.

The panel also noted that Mirza has separately reached a financial settlement with the buyer.

He was ordered to pay $6,000 to the commission in costs, and his registration as a real estate salesperson was suspended from Jan. 1 to 31 of this year.

Mirza also has to abide by other conditions of registration for one year, and is required to complete an education course before the end of January 2025.

 

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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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.

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