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Actions in $40M Burnaby real estate deal 'insufficiently reprehensible' for special costs – Burnaby Now

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A judge has declined to award special costs against a businessman who was ordered to pay $1.15 million in outstanding commissions after flipping a bundle of Burnaby lowrise apartments for a $6.67-million profit.

In November 2015, Wenxue Wang had accepted offers on three adjacent lowrise apartment buildings at 6585, 6559 and 6525 Sussex Ave. in Metrotown for a total of $33.3 million, according to evidence presented at a 23-day civil trial last year.

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He had signed an exclusive listing agreement with realtor Laura Zhao and her father Raymond Zhao, president of Vancouver Home Park Realty Ltd., according to court documents.

Wang had also agreed to pay them a $300,000 bonus for assembling the properties for him, the documents say.

Without telling the Zhaos, however, Wang began working with another agent, Robin Fu, and flipped the properties a few months later to a new buyer for $40 million, earning $6.67 million in profit.

When Raymond Zhao pressed Wang about the exclusive listing agreement, Zhao said Wang had told him to forget about it or he would sue him over the $300,000 bonus, according to the court documents.

Wang claimed the Zhaos had gotten him to sign the bonus agreement under false pretences and he hadn’t been aware of it until he picked up his cheque from the sale.

Wang ended up suing the Zhaos for the return of the $300,000, and the Zhaos sued Wang for the unpaid commission.

This low-rise rental apartment on Sussex Avenue was demolished in late 2018 – Jennifer Gauthier

B.C. Supreme Court Justice Ward Branch, who described the two parties as being in “separate evidentiary universes,” said the claims ultimately came down to credibility and that he preferred the Zhaos’ evidence.

In a ruling in September, he granted the Zhaos’ claim and dismissed Wang’s, ordering him to pay $1.5 million in outstanding commissions.

The Zhaos then argued Wang should be ordered to pay special costs because of a “smear campaign” they said he had waged against them in a “deliberate and malicious effort to damage or destroy the business and personal reputations of Home Park and its principals” through accusations of fraud and dishonesty, according to another ruling by Ward Tuesday.

Special costs are awarded when the court finds one of the parties in a civil case has engaged in “reprehensible conduct.”

In his ruling, however, Ward declined to award the Zhaos special costs, saying Wang’s allegations of fraud and dishonesty were “insufficiently reprehensible.”

Ward said it would be difficult for the Zhaos to argue the allegations of fraud against them were “totally unfounded.”

Ward noted evidence at trial had shown Laura Zhao had forged Wang’s signature on a document, Raymond Zhao had overstated the Zhaos’ right to interest on Wang’s deposits and Raymond Zhao mayhave exceeded the proper scope of his role as general manager of Home Park given he didn’t have his own real estate licence.

Sussex groundbreaking
Politicians held gold-coloured shovels at a ceremonial groundbreaking for a new 125-unit non-market rental project in Metrotown. – Kelvin Gawley

Ward ordered Wang to pay the Zhaos’ legal costs but ruled special costs against him were not warranted.

The Sussex apartments, meanwhile, have been demolished to make way for a new, 47-storey mixed-use tower and a 14-storey, non-market-rental apartment building.

The developer, Thind Properties, is working in partnership with the province, City of Burnaby and New Vista Society on the non-market-rental part of the project.

Construction began in April 2019.

 

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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.

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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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