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Auction platform launches $25-million lawsuit against real estate associations – Ottawa Citizen

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“Because we’re gaining market share, traditional real estate is going, ‘Oh, god, we need to get rid of auctions now.’ That’s all it comes down to.”

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Ottawa real estate auctioneer Unreserved has launched a $25-million lawsuit against the Ottawa Real Estate Board and other organizations it says are damaging the start-up.

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Unreserved opened its doors last July, billing itself as a disruptive force in the real estate industry.

The firm has since auctioned more than 250 homes in the Ottawa area while raising $34 million in venture financing. According to Unreserved, the company already owns about 2.5 to 3 per cent of the market share in Ottawa.

Unreserved’s founder and CEO, Ryan O’Connor, says he has filed the lawsuit to defend his business against what he contends are attempts by the Ottawa Real Estate Board and other real estate associations to mislead Unreserved customers and to make it difficult — or impossible — for the company to operate.

“Because we’re gaining market share, traditional real estate is going, ‘Oh, god, we need to get rid of auctions now.’ That’s all it comes down to,” O’Connor charged in an interview.

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“But we didn’t invest tens of millions into getting an auction company going only to have the board come along and say, ‘Auctions need to be shut down now because they’re growing.’”

In the lawsuit, filed earlier this month, Unreserved contends both Penny Torontow, president of the Ottawa Real Estate Board, and Tim Hudak, CEO of the Ontario Real Estate Association, defamed the company with “injurious falsehoods” in statements published on YouTube and in the Ottawa Citizen, respectively.

The lawsuit seeks an injunction to prevent them from repeating the statements and damages for their economic impact.

It also contends the board has harmed Unreserved’s relationship with a brokerage firm that helped it post properties for sale on the MLS (Multiple Listing System). The regional MLS database is operated by the Ottawa Real Estate Board, and only licensed realtors can list properties on the system.

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Unreserved claims the board has demanded its MLS listings include phrases such as, “subject to terms and conditions,” and “for sale by an unregulated auction.” The board requires the phrases, the lawsuit alleges, “to scare and prevent” Unreserved customers and potential customers from using its services.

None of the allegations contained in the lawsuit have been proven in a court of law.

Janice Myers, chief executive officer of the Ottawa Real Estate Board, said it had not yet been served with the statement of claim. “Therefore, we are not able to comment at this time,” she said.

In a statement issued Wednesday, Hudak said the Ontario Real Estate Association would not stop “standing up to protect Ontario home buyers and sellers” because of the lawsuit.

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“Unfortunately, thanks to a 1950s exemption supporting the sale of farm properties by auction, the normal provincial rules aimed at protecting consumers do not apply to real estate auctioneers,” Hudak said.

That has “serious negative consequences” for consumers, he said, adding: “Consumers have very little protection or recourse against serious risks like phantom or fake bidding on a property, misuse of buyer deposits, or whether an auctioneer has a personal interest in the property it is selling.”

Ontario and Manitoba are the only provinces in Canada that do not regulate real estate auctioneers, Hudak said.

The association is actively lobbying the provincial government to close the auctioneer exemption that allows Unreserved to sell real estate in Ontario.

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The decades-old exemption has traditionally been used to auction family farms, but Unreserved has used it to sell homes and condos.

In a July 6 letter to Ontario Premier Doug Ford, Hudak asked him to scrap the “outdated” exemption. He wants real estate auction company owners to be required to formally register with the Real Estate Council of Ontario.

The government has said it will consider the scope of the auctioneer exemption during the next phase of reforms to the Real Estate and Business Brokers Act, expected later this year.

O’Connor wants the auction exemption left alone, and he dismissed the contents of Hudak’s letter as more of the same kind of “scare tactics.” He contends the real estate associations are trying to squelch competition and preserve business for their own members.

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“What’s so ironic is that they say they’re doing this all in the name of consumer protection, but when you peel the layers back, it’s all about self-preservation,” he charged.

O’Connor said consumers were well-protected by Unreserved’s approach. Buyers must have mortgage pre-approvals in place and register with the company to bid; all bidders are allowed to see what others have offered for a home in real time.

Under existing rules, real estate brokers acting for sellers cannot disclose details about purchase offers to other bidders. The process is known as blind bidding, and it means that in frothy markets, buyers sometimes have to bid aggressively to secure a home.

O’Connor said that means buyers can pay $100,00 or more over asking price to win a blind bid. “Where’s the protection for those buyers?” he asked. “Where’s the consumer protection for them?”

Bidding on Unreserved usually moves up in $2,500 increments, he said, which means buyers never make that kind of mistake. “We allow logic to prevail,” he said.

O’Connor has written to the federal competition bureau to complain about the actions of the Ottawa Real Estate Board. The board represents 3,800 registered real estate brokers and salespeople in the Ottawa area.

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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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