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Burnaby real estate lawyer suspended for professional misconduct

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The Law Society of B.C. has handed a Burnaby real estate lawyer a one-month suspension for professional misconduct.

Anthony Shiau has admitted that, between May 2021 and March 2022, he made a number of improper trust fund transactions and neglected to verify client identification information during a real estate deal, according to a consent agreement approved by the law society last month.

The agreement details a number of improper trust fund transactions (which didn’t result in personal financial benefit, according to the agreement) and includes information about two real estate deals with foreign buyers.

In December 2021, despite being familiar with the law society’s rules on client identification and verification, he failed to get a U.S. agent to verify the identity of U.S. clients involved in a real estate deal, according to the consent agreement.

Instead, he got copies of their U.S. passports by email and later got the clients to hold up their identification documents during a video conference call so he could take photos of them on his screen.

(The consent agreement noted COVID-19 restrictions were still in place at that time.)

“The Lawyer explained that because the purchase of the properties was in cash and did not require the notarization of any documents, he did not want to trouble the clients by having them meet with an agent to have their identification verified,” states the agreement.

In March 2022, Shiau got funds wired to him from a U.S. bank account after completing a real estate deal for two clients, but the bank sent the funds in U.S. dollars instead of Canadian dollars.

“Due to currency conversion rates, the funds were $405,243.77 in excess of the amount required to complete the property purchase,” states the consent agreement.

Shiau emailed the clients in July 2022 to say he still had some of their excess funds and offered ways to return the funds.

The clients said they now had a Canadian bank account but didn’t provide Shiau their Canadian banking information until halfway through August 2022.

Shiau made a number of improper trust fund deposits during the course of that deal, according to the consent agreement.

This is the first time Shiau has been written up by the law society, and the agreement noted Shiau is remorseful and admitted all of the misconduct when he was investigated.

As a mitigating factor, the agreement noted Shiau had reviewed a number of law society resources, including its anti-money laundering webinar and webinars for trust accounting basics and trust accounting regulatory requirements.

He has also reviewed the law society’s trust accounting handbook and adopted the law society’s trust accounting checklist, checklist of internal controls, and client identification, verification, and source of money checklist in his practice.

Shiau’s suspension will run from July 1, 2023 to July 29.

Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com

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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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