B.C. couple 'defeated' after 6-year battle to recover cash from discredited former realtor - CBC.ca | Canada News Media
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B.C. couple 'defeated' after 6-year battle to recover cash from discredited former realtor – CBC.ca

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Former realtor Katharine Virtanen was ordered to pay Ron and Shelley Gordon more than $37,000. A warrant was issued for her arrest. A judge ruled she couldn’t escape this debt through bankruptcy.

And yet, more than six years after the Gordons first agreed to loan cash to Virtanen for a real estate deal, they are no closer to getting their money back.

Most frustrating of all for the Gordons is the response from the Real Estate Council of B.C. (RECBC), which maintains a pool of money meant to compensate victims of misappropriation by real estate professionals.

Earlier this fall, the real estate council agreed to reimburse another couple after Virtanen embezzled $30,000 in deposits.

But the Gordons’ application for relief through the same program was rejected.

That decision left Ron Gordon feeling disillusioned about the people who are meant to shield consumers from the actions of unscrupulous real estate professionals.

“They like to tell you that they’re protecting the public, but that’s the farthest thing from their minds. They protect themselves at all costs,” Gordon said.

That’s not how the council’s CEO Erin Seeley sees things.

“I know our team, we come every day to work to protect the public,” she said.

She said the council has made a lot of progress in the years since 2016, when the province ended self-regulation of the real estate industry in response to a series of scandals.

“But we’re always looking for ways to improve, and so this experience with the Gordons is helpful for us to take forward,” Seeley said.

Virtanen surrendered her real estate licence in 2014 after seven years in the business, but the real estate council says it cannot confirm or deny whether that happened in response to complaints about her work.

She could not be reached for comment on this story. She did not return calls to a cellphone number included in her old listings, and an email address in her name has been deactivated.

Lost in the paperwork

The Gordons tried two different avenues in their quest to get their money back from Virtanen — the courts and the real estate council. All that they have to show for that is a pile of legal bills and an effectively useless court order.

They filed an application with RECBC in 2017 for relief through the Real Estate Special Compensation Fund, hiring a lawyer to help them navigate a confusing process.

“They sort of lose you in the paperwork,” Ron Gordon said.

According to the Gordons’ application, they met Virtanen in 2013 when they were selling their home in Surrey and buying a new one. She performed those services without any issues and then befriended them, the Gordons say.

In early 2014, Virtanen approached them about a client who was trying to buy a home but was short on the deposit, according to the Gordons’ application. Virtanen allegedly told them the client had money in an investment that would mature after the deadline.

Ron and Shelley Gordon have given up hope of getting their money back from Katharine Virtanen. (Ron Gordon)

The Gordons say they eventually agreed to cover most of the shortfall, writing Virtanen a bank draft for $12,500 and then another to her brokerage for $10,000 on the understanding it would be paid back within three days of closing.

“I never would have thought she would have absconded with the money,” Shelley Gordon said.

But when they tried contacting her after the deal was done, they say she always had an excuse why she couldn’t talk or meet up with them.

The Gordons’ application for compensation was rejected in June 2018

A letter from the RECBC’s lawyer, Patrick Poyner, to the Gordons states that their claim doesn’t meet the definition of a “compensable loss” under the Real Estate Services Act.

Poyner wrote that while the Gordons say the $12,500 they gave directly to Virtanen was to be used for a real estate deal, “there is no evidence to support that other than your clients’ assertion.”

As for the second bank draft for $10,000 made out to Virtanen’s brokerage, Poyner wrote that there was no evidence that it was misappropriated since it appears the money did in fact go toward the clients’ purchase — even though the Gordons were never repaid as promised.

When he received the news, Ron Gordon said, “I was defeated.”

‘What’s the point?’

By then, the Gordons had already given up on the courts, even though they had technically won their case.

They filed a claim against Virtanen in provincial court in 2015, asking for their money back. She never filed a response to that claim, and a judge wrote a default order requiring her to pay back the principal plus more than $14,500 in interest and expenses.

When she failed to show up for a hearing on repaying the Gordons, a warrant was issued for her arrest on July 26, 2016.

That warrant was cancelled less than a month later because Virtanen had declared bankruptcy.

Virtanen was eventually told she couldn’t escape her debts because of her “unjustifiable extravagance in living, by gambling or by culpable neglect,” according to a 2017 order from B.C. Supreme Court.

A Surrey provincial court judge ordered Virtanen to repay the Gordons, but that hasn’t happened. (Cliff MacArthur/provincialcourt.bc.ca)

But a year had passed by then, and if the Gordons wanted to see their money, they’d have to ask the court for another payment hearing. Then they’d have to track down Virtanen so they could serve her with a summons.

Having already spent a few thousand dollars on their legal battle, the Gordons decided throwing more money at the problem wasn’t worth it.

“What’s the point?” Ron Gordon asked.

They’ve pretty much given up any hope of ever getting their money back. But they would like to see changes at the real estate council to make it easier for laypeople to navigate the claim process, with deadlines and other requirements clearly laid out.

“They need to be more approachable,” Shelley Gordon said.

Seeley, the CEO of RECBC, said she recommends people consult a lawyer before filing a claim, but the council does provide information to the public about the process through FAQs on its website, information packages and professional standards advisors.

“But again, I’m very sorry that the individuals in this case didn’t feel like they had the support they needed,” she said.

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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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