Real eState
Strike a pose: Hamilton real estate agent Rob Golfi sued over stretched-arm stance – Hamilton Spectator
The resemblance is uncanny. There is no denying it.
With their arms stretched out wide, with their palms open, Kris Lindahl and Rob Golfi look like they are doing their best impression of Julie Andrews from the Sound of Music.
Or Donald Trump. Or a Manchester United billboard. Or the Christ the Redeemer statue in Rio de Janeiro.
Or maybe one of those wacky, wavy inflatable arm-flailing tube men found at used car lots.
As common a pose as it is, standing tall with one’s arms stretched out is at the heart of an international legal battle between the two real-estate agents.
It involves accusations of copyright infringement, a fruit basket, an attempt to patent the pose, allegations of forged documents and a plagiarized commercial.
But to understand this arms race, it is necessary to go back to May 6, 2021, and an online real-estate seminar titled “Kris Lindahl Blueprint Seminar.” It was hosted by Lindahl, a realtor who in court fillings describes himself as “one of Minnesota’s most well-known real-estate professionals.”
Meanwhile, Golfi, one of the most recognized real-estate faces in Hamilton and Niagara thanks to his ubiquitous arms stretched out Golfi Realty billboards, attended the seminar.
“We never met face to face,” he said. “It was just an online seminar.
In court documents, Lindahl claims Golfi signed a waiver that promises he won’t use Lindhal’s “proprietary concepts, materials, and intellectual property.” The waiver also warns seminar attendees Lindahl “will pursue legal action” if they do.
Golfi said he has no recollection of signing such a document.
“When asked for a copy of the agreement, they shared a document with a handwritten signature looking nothing like mine. I asked them to provide proof of the email they received it from, and they would not provide it,” he said. “I am concerned this document was forged.”
The Lindahl court documents say the waiver contains an IP address that “corresponds to a physical address in Ontario, Canada.”
As a result of taking part in the blueprint seminar, “Mr. Golfi viewed and became aware of the arms outstretched pose.”
Proposing to patent a pose
Lindahl doesn’t just like the arms outstretched pose, which he has been using since at least July 2017 in ads.
He claims it’s his property.
In June, Lindahl — who markets his company with billboards and ads with his arms splayed out and palms wide open — filed registration forms to trademark the pose, according to Minnesota court filings.
“Lindhal Realty, LLC, owns all rights, title and interest in and to the arms outstretched marks,” he claims.
Golfi, though, is not so sure.
“First of all, it is going to take at least two years for that to even go through,” he said of the trademark filings, adding he is not in breach of a trademark that doesn’t yet exist. “And can you actually patent a pose? It seems ridiculous. This is a PR stunt.”
Golfi does admit, however, he did like the pose because it is different from the typical real estate photo.
“I wanted something different. Every real-estate photo is the same,” he said.
Sometime in the fall of 2021, Golfi, like Lindahl before him, began to use the pose in social media ads and on bus signs, billboards and just about anything else he could. Even his employees got in on the act, striking the pose for photos at house sales.
Its first usage appears to be in an Oct. 31, 2021, Facebook post where a drawing of Golfi — rendered as a vampire — wishes his followers a safe and happy Halloween.
Lindahl is not amused, saying in his court filings that Golfi’s breach of the seminar wavier and use of the pose is “causing irreparable and immeasurable harm … with each passing day,” and is asking the courts to order Golfi to stop and is requesting damages of an undetermined amount.
Lindahl’s claims have not been proven in court.
It is unclear how Golfi’s wingspan is causing harm to Lindhal’s business. He does not sell homes in Ontario and Golfi does not work in Minnesota.
The war of the arms
Golfi said Lindahl was “completely aware” he was using the pose in 2021.
“In fact, the week before he turned on us, while fully aware of the use of this pose, we received a massive edible arrangement from Kris congratulating us on reaching over 1,000 transactions in 2021,” said Golfi.
Things changed, according to Golfi, when Lindahl wanted to be his marketing agency.
“It wasn’t until we declined the services of his new marketing company that our relationship turned sour,” Golfi said.
Lindahl did not respond to an interview request from The Spectator.
The court filings do not mention Golfi turning down Lindahl, but does claim that the American tried several times to get Golfi to stop using the big arms position in his advertising.
Things really heated up, however, during the last Canadian federal election.
Golfi appears in a video ad at a podium flanked by Canadian flags. A “breaking news” ticker scrolls across the bottom of the screen, saying “Rob Golfi can sell your home … Guaranteed!” The ticker also identifies him as “The Golfi team, party leader.”
“We need real estate of the people, by the people and for the people,” Golfi says. “Read my lips, Golfi gets it sold.”
The trouble was, the entire commercial was lifted from one produced by Lindahl in 2019, down to the props, script and the fake news ticker. The only differences were the flags and a few words in the script.
“We need real estate of the people, by the people and for the people,” says Lindahl at a lectern in the original ad, identified as the “Be generous party leader” on the ticker and is flanked by American flags. “Read my lips, no open houses.”
And of course, they both use the pose.
Golfi conceded in an interview that the commercial was plagiarized from Lindahl’s ad, which is why he pulled it from YouTube shortly after it was posted.
“It was the election, my marketing team thought it was a good idea,” said Golfi. “We actually took it down before Kris asked us too. No one can find that video anywhere now.”
Golfi said the lawsuit is a “waste of the court’s time” and he will file a defence soon.
In the meantime, he says he is going to keep using the pose. At least one other Ontario real estate agent, Lino Arci of Toronto, is also using it in ads.
“He cannot own a pose,” Golfi said.
Real eState
Here are some facts about British Columbia’s housing market
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.
Real eState
B.C. voters face atmospheric river with heavy rain, high winds on election day
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.
News
No shortage when it comes to B.C. housing policies, as Eby, Rustad offer clear choice
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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