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Real estate investor ordered to pay close to $1M for backing out of B.C. property deal

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A real estate investor who abruptly backed out of a contract to buy a home overlooking the Strait of Georgia and refused to pay a $300,000 deposit is now on the hook for nearly $1 million, with no property to show for it.

Na Cao walked away from the deal she’d signed in November 2016 to buy 917 Pacific Dr. in Tsawwassen, B.C., for $4.45 million, after friends suggested she was overpaying, according to a recent B.C. Supreme Court decision.

She and her husband, Xin Qiang Li, both ignored warnings from their real estate agent and threats from the homeowner that they could be in legal trouble for reneging on the deal, Justice Matthew Kirchner wrote in a judgment on Friday.

“I find Ms. Cao was not entitled to rescind the contract,” he wrote, dismissing her arguments that she had been misled about the property.

“Her refusal to pay the deposit and complete the contract constitutes a breach of the contract.”

Kirchner ordered Cao to pay the property’s owner, Jeffrey Kaltenegger, $970,000 plus legal costs for the difference between the price she’d agreed to pay and the $3.48 million the house eventually sold for in May 2018, after the market had cooled.

The lengthy judgment lays out the history of the abandoned deal and Cao’s failed arguments for why she was justified in her actions.

At the time she made an offer on Kaltenegger’s five-bedroom house atop English Bluff, Cao and Li had already made a number of real estate purchases in the Vancouver area.

In audio messages to realtor Jia (James) Liu in October 2016, Li had said the couple was interested in buying “several houses this time,” the judgment says.

Cao and Li spent just 20 minutes at the Pacific Drive property before they decided to place an offer. During the same visit to the Tsawwassen neighbourhood, they also toured a second home and placed an offer on that as well.

In the days before the deposits were due on both properties, the couple spoke with friends about their latest investments.

“All my friends said what you purchased — this price was way too high,” Li testified in court.

Cao’s name was on the contracts, but Li appears to have done most of the talking about what to do next.

The judgment shows that Liu advised Li over WeChat that if the deposits weren’t paid on time “the other party is entitled to start a legal action against us.”

Nonetheless, Li asked him to negotiate a lower price with Kaltenegger, who made it clear he would accept “not a penny less” and told Liu his clients should expect a lawyer’s letter.

Li replied to Liu in an audio message, “Well, forget it, if he is going to handle it this way, that is fine. Let him send the lawyer’s letter. We’ve decided not to buy it.”

Arguments over property line and deposit

In court, Cao argued that she had been misled about the boundaries of the property, believing it stretched to the edge of the bluff. In fact, a strip of brush behind the lawn was owned by the Tsawwassen First Nation.

She claimed that Kaltenegger had misrepresented the property by maintaining and landscaping that brush, making her believe it would be included in the purchase.

Kirchner rejected that argument.

“In my view, the absence of anything indicating a boundary should put a reasonable purchaser — or at least their realtor — to an inquiry about where the boundary might be located,” he wrote.

Cao also tried to claim that she misunderstood how the deposit worked, believing if she didn’t pay it, the contract would be voided. But as the judge pointed out, she and Li were experienced business people who had previously purchased two properties in Vancouver using similar contracts.

Cao attempted to hold her realtor, Liu, and West Coast Realty responsible, suing them for negligence related to her uncertainty about the property’s boundaries and inadequate research about current market conditions.

Kirchner found that Liu did not meet the standard of care expected of a real estate agent, but said Cao had failed to prove he caused any damages.

Plus, the justice added, “Mr. Liu’s negligence did not entitle Ms. Cao to break her contract with Mr. Kaltenegger.”

Kaltenegger had asked for Cao to cover his bridge financing for purchasing a new home and the costs of maintaining the Pacific Drive property while he searched for a new buyer, but Kirchner rejected those claims, writing that “these losses flowed from Mr. Kaltenegger’s decision to bind himself to the purchase of a new home after Ms. Cao’s breach.”

The owners of the second Tsawwassen property that Cao had contracted to buy did not pursue legal action when she backed out, according to the judgment.

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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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