Real estate broker says class action against Canada’s largest brokerages lacks ‘merit’ | Canada News Media
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Real estate broker says class action against Canada’s largest brokerages lacks ‘merit’

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A proposed class-action lawsuit alleges that some of Canada’s largest brokerages and real-estate associations are engaged in price-fixing to inflate realtor commissions.

Brokerages named in the lawsuit include ReMax, Century 21, and IproRealtyLtd., as well as the Canadian Real Estate Association and the Toronto Regional Real Estate Board.

The lawsuit claims that there is an agreement, among brokerages in the Greater Toronto Area, which applies to any individual listing on the Toronto Multiple Listing Service (MLS).

“When it comes to listing your home for sale, you typically sign an agreement with a listing brokerage,” broker and real estate commentator David Fleming told CTV’s Your Morning on Monday Morning. “You pay a fee and then usually half or some of that fee is offered as an inducement to a buyer agent. So this suit is alleging that there is a fix of two and a half per cent, which is what the suit said, that basically forces people to offer that.”

Fleming explained that, on MLS, “you’ll see a lot of two per cent commissions, a lot of half a per cent to one per cent through discount brokerages. There’s a lot that offer one dollar, which is effectively a for-sale-by-owner, where you as a buyer or agent have to negotiate directly with the seller.”

“So we’ll see ultimately where the case goes and I think there’s more to this than what meets the eye.”

Currently, a seller has to make an offer of commission to the buyer’s brokerage. The buyer’s brokerage-commission-rule essentially forces a seller to offer the industry standard commission to the buyer brokerages. If they don’t, then fewer brokerages will show that home to interested buyers.

“If you go back, say, sixty or seventy or eighty years, if you as a buyer wanted to purchase a property you would physically walk into a brokerage and say, ‘What do you have for sale?’ If they had something that you liked you would buy it through them – through the seller’s agent,” Fleming said.

“That was multiple representation, it was a conflict of interest, but that was the standard. Now, if you wanted, let’s say, to have representation and you hired an agent, they would still only show you their listings under contract. So that’s anti-competitive, as we would know it today. Eventually someone had the bright idea to say, ‘why don’t we co-operate? Why don’t we offer a brokerage commission, say half of our listing fee, to a buyer agent for bringing us a buyer?’ And that’s the system that we have today where everybody co-operates and you have the MLS system.”

Fleming maintains that the system works in Canada. “People just need to understand it,” he added.

“I’ll be honest, I don’t think there’s a lot of merit [to the case] just from what I see,” he said.

“There have been a lot of lawsuits at the industry level over the years, but nothing has really been successful. But I’ll be interested to see what happens.”

CTV’s Your Morning reached out to both Toronto Regional Real Estate Board and the Canadian Real Estate Association. Both of them declined to comment as this issue is before the courts.

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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.

The Canadian Press. All rights reserved.

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