With the rise of COVID-19 cases and seemingly endless political strife, many Americans have been looking to move abroad. In fact, from May to early August of this year, International Living, a website dedicated to living and retiring overseas, says its site’s “How To Move Out of the US” information page saw an increase in traffic by 945% compared to last year. It’s clear that Americans are seeking new surroundings in record numbers. However, for those either looking to escape, invest, or both, the actual process of settling into a new country can be anxiety-inducing, especially without the proper support.
Australian expat turned real estate guru Nikki Taylor moved to Italy in 2014 to follow her dreams and fascination for living La Dolce Vita. An experienced traveler – having spent 12 years exploring such places as the United Kingdom and South America – she eventually concluded it was time for a change of scenery. “When I moved back to Australia, I never felt settled. I had a fantastic job working in investment banking, a really great lifestyle, but I was on corporate burnout,” Taylor explained in our recent interview. “I reached the point [where] I’ve had enough, and I knew I wanted to make some changes.”
Having visited Italy several times on previous holidays, Taylor made the decision to permanently relocate. But despite her lifelong love of different cultures making the choice seem like an obvious one, there was still one small problem. “I had no idea what I was going to do for work,” she exclaimed. Admittedly leaving a six-figure corporate income to move to a country infamous for its economic instability, Taylor mentioned her decision to commit as the most important factor for following through. “I think the fear of not taking action was bigger than the fear of actually doing it,” she said.
After jumping into her new surroundings, Taylor built six years of experience in the holiday rentals and real estate industry where she found the inspiration to launch her business, Italy Property Consulting. Recognizing the many potential investors looking for skilled agents who would keep their best interests in mind, Taylor designed a course and program called Purchase the Dream.
“During my time working in the real estate industry, I was dealing with a lot of international investors looking to purchase property in Italy, and they all had the same fears, doubts around the buying process,” Taylor recalled. “It’s so daunting buying a property from overseas. They don’t know who’s the right person to turn to for advice and property law perspective, accountancy, currency mitigation, visa and immigration.”
As the first person to market this kind of course in Italy, Taylor takes her clients through an eight-step process. From research through purchase to helping them get adjusted after moving, she’s with them every step of the way giving the expert advice necessary for easing their transition. Clients are even given guidance on ways they can generate an income to support their new Italian lifestyle.
With her proven process, Taylor has successfully grown into her business and is thriving in a place that is not traditionally easy for foreigners to navigate. “I know how hard it can be to move to a different country and the obstacles you can face” she started. “My mission really is to take out the confusion and the chaos and replace it with the excitement and the joy and the ease of what it is really to move to a different country and have a completely life-changing experience.”
With this extensive knowledge of the real estate industry as it stands, Taylor shared her top three tips for those women interested in presently taking their chances at buying abroad.
Be Prepared To Take Rejection
“The competition is very strong right now,” emphasized Taylor concerning the current real estate market. She mentioned that globally, the holiday rental industry exceeded $31 billion in 2019. “People are wanting holiday rentals more and more as opposed to a traditional hotel. I would say be prepared to take rejection.”
Taylor’s general clientele is mixed. She shared that she routinely works with retirees, investors, holiday home seekers and people just looking to make extra money renting. With no real age bracket and a slew of categories, it’s a good idea to become acquainted with the competitive market without getting intimidated.
Build Resilience In Creativity And Flexibility
“I had to really abandon every sort of thought process about how I think things should work because in Australia, things are black and white, same with the UK. Here in Italy, everything’s grey matter,” Taylor illustrated as she spoke of her initial transition to her new home country. From learning the language to adapting to the bureaucracy and all the little nuances of a new culture, Taylor was candid about her experience of becoming adaptable to change.
“Having to have a lot of flexibility and being able to pivot mentally and not get fixed on how things should work,” she said. “That’s something I’ve really had to throw myself into.”
With her love for all things real estate, Taylor, who recently appeared on an episode of HGTV’s Mediterranean Life, is now creating a new project for women working in the corporate landscape. “My mission is to help guide [them] to unleash their skillset to generate themselves the big money instead of the companies they work for.” Allowing her expertise to easily flow through multiple outlets, Taylor has proven she is highly qualified to give lessons.
Taylor additionally revealed the importance of embracing the internet for both buying and selling. “We’re in a world right now where the real estate market has to go completely online,” she declared. Taylor shared that any online forums, like the ones most of her clients find her through, can be immensely helpful for those looking to buy overseas. Quickly acknowledging the amount of horror stories connected to online scams, she also communicated that being able to speak the language in which the information is shared is crucial to avoid getting lost in translation.
Play A Long Game Instead Of Chasing Quick Results
“Don’t sign any kind of offer on a house without getting a survey done, with the legal due diligence done, because that can open yourself up to a big can of worms if there’s a problem with the property. If the property has an illegal building on it or if the owners of the property aren’t legally able to sell, it can be quite complicated.” To prevent disastrous issues like these, Taylor urges potential buyers to have a team of specialists behind them, especially a property lawyer.
Taylor also firmly advised that for anyone undertaking any sort of continental or country move, preparation is key. “Have a sequence of steps that you follow in order to make sure that you’re covered, your investment’s covered and you’re not buying a property that is full of problems. You’d want to make sure that you’re being connected to the right people beforehand. People who have followed this path, people who have made the mistakes and can tell you, ‘Hey, try it this way, not this way because this way doesn’t work.’”
Rather than searching for a cure after the fact, Taylor stated that prevention is much better. Because when it comes to real estate in any region, jumping in quickly becomes something only appropriate for swimming pools. And since you might want to buy a home with a functioning swimming pool instead of drowning in repairs, having a solid plan in place before rushing into anything can be considered the most important step of the entire process.
Price of detached homes continue to outpace condominiums as Canadians trade location for square footage
Despite strong push toward the suburbs, Toronto and Montreal single-family homes see double-digit price gains in city centres
Median price of a two-storey home in Greater Vancouver rises 8.8% as buyers prioritize square footage
Out-of-region buyers spur Maritimes’ home prices, as option of remote work and demand for large, affordable properties grows
Aggregate price of a home in Canada rose $206,815 since Q4 2015
TORONTO, Jan. 15, 2021 /CNW/ – According to the Royal LePage House Price Survey released today, the aggregate1 price of a home in Canada increased 9.7 per cent year-over-year to $708,842 in the fourth quarter of 2020, as strong seller’s market conditions continued to shape Canada’s real estate market through the end of the year. The significant year-over-year increase in aggregate price was driven by price gains for larger properties. Sixty-four per cent of all regions surveyed showed year-over-year median price gains of more than 10 per cent for two-storey homes.
The Royal LePage National House Price Composite is compiled from proprietary property data, nationally and in 62 of the nation’s largest real estate markets. When broken out by housing type, the median price of a standard two-storey home rose 11.2 per cent year-over-year to $840,628, while the median price of a bungalow increased 10.0 per cent to $592,899. The median price of a condominium increased 3.9 per cent year-over-year to $509,239. Price data, which includes both resale and new build, is provided by Royal LePage’s sister company RPS Real Property Solutions, a leading Canadian real estate valuation company.
Aggregate prices are calculated using a weighted average of the median values of all housing types collected. Data is provided by RPS Real Property Solutions and includes both resale and new build.
“In April 2020, we issued our pandemic period forecast for Canadian real estate, the principle prediction being that unexpectedly soft spring home prices, historically low interest rates, and years of pent-up demand would trigger a sharp recovery of sales volumes and rising property prices in the second half of the year,” said Phil Soper, president and CEO of Royal LePage. “As we close the books on the strangest year in my long career, ‘recovery’ proved to be an understatement. Looking at fourth quarter results we can state without hyperbole that the health crisis triggered a real estate boom.
“High levels of unresolved housing demand and low inventory levels will likely characterize the 2021 spring market, putting further upward pressure on housing values, particularly in the detached and larger townhome segments, as families with access to extremely low borrowing costs trade traditionally desirable urban locations for more personal space,” he continued.
Nationally, Ontario posted the highest year-over-year aggregate home price gains in dollar value during the fourth quarter. During this period, the aggregate price of a home in Markham increased $133,932 to $1,100,436, the highest dollar value increase in aggregate home price. Markham was followed by Vaughan, which increased by $132,699 to $1,130,483; Burlington, which increased by $115,475 to $950,796; Pickering, which increased by $110,905 to $856,725; and, Oakville, which increased by $109,912 to $1,215,405.
“Confined to their homes, Canadians are struggling to adapt their properties to accommodate the need for an office, school classroom and gym, and find themselves longing for more living space,” said Soper. “Yet buying a house is not like buying a car; for most it is a long-term commitment. Post-crisis, some employers will be accommodating of work-from-home employee requests, and some businesses will require that their teams work together in offices again. Many will adopt a hybrid model. Home shoppers should look at prospective neighbourhoods through a post-pandemic eye, paying careful attention to the things that will matter when we drop our masks, including restaurants, access to entertainment and even walkability.”
Soper added that the surge in sales that characterized the second half of the year is a sign that Canadians feel confident buying and selling properties during the pandemic.
“The real estate industry has shown that buying and selling property can be done safely as much of the search and purchase process can now be done online,” he said. “Our real estate agents can help families looking for a home with efficient digital showings. Physical private viewings of a short-listed property should be done in compliance with best practice and public health guidelines. Clients can use their phone or computer to complete the transaction, leveraging today’s advanced technologies.”
While many Canadians have been seeking larger homes outside of urban centres, demand for properties in Canada’s largest urban centres have remained high. Ottawa’s aggregate price increased 14.9 per cent year-over-year to $568,608 during the fourth quarter, the greater regions of Montreal, Toronto and Vancouver increased 12.4 per cent, 10.4 per cent and 7.2 per cent to $487,380, $936,510 and $1,155,346, respectively.
Strong demand in the fourth quarter also resulted in price stability in Canada’s energy and agriculture regions. During the period, the aggregate home price in Saskatoon, Regina and St. John’s increased year-over-year by 6.3 per cent, 3.4 per cent and 0.8 per cent to $400,173, $327,517 and $325,833, respectively. Edmonton and Calgary’s aggregate home prices remained relatively stable, dipping 0.1 per cent and 0.5 per cent to $372,515 and $467,041, respectively.
Demand from local buyers and those relocating back to the Maritimes put significant upward pressure on prices. During the quarter, Halifax posted the highest increase in aggregate price, rising 17.1 per cent year-over-year to $377,469. Charlottetown posted the second highest increase in aggregate price rising 12.7 per cent year-over-year to $344,823, during the same period.
In December 2020, Royal LePage issued its 2021 forecast stating that the national aggregate price of a home is expected to increase 5.5 per cent year-over-year. To read more about Royal LePage’s national and major urban centre forecast, please go to rlp.ca/2021-forecast.
Greater Toronto Area
The aggregate price of a home in the Greater Toronto Area (GTA) increased 10.4 per cent year-over-year to $936,510 in the fourth quarter of 2020. Broken out by housing type, the median price of a standard two-storey home increased 11.9 per cent year-over-year to $1,102,155 in the fourth quarter, and the median price of a bungalow rose 12.8 per cent year-over-year to $923,047. During the same period, condominiums in the region continued to see healthy price appreciation, with the median price rising 3.6 per cent year-over-year to $593,811.
With the exception of condominiums, similar strong home price gains were seen in the City of Toronto where the aggregate price of a home rose 7.4 per cent year-over-year to $960,368 in the fourth quarter. Broken out by housing type, the median price of a standard two-storey home increased 10.6 per cent year-over-year to $1,446,184, and the median price of a bungalow rose 12.3 per cent year-over-year to $1,001,083. During the same period, the median price of a condominium grew 1.4 per cent year-over-year to $634,081.
“Throughout the second half of 2020, buyers were looking for as much space as they could afford. While many buyers shifted their target neighbourhood away from the city centre, so few properties for sale meant that most detached listings saw multiple-offer scenarios,” said Debra Harris, vice president, Royal LePage Real Estate Services Ltd. “2020 did bring some balance to the region’s condominium market but larger units, often in the greater region, are still in high competition.”
Harris added that pent-up demand in the GTA remains significant for detached homes and inventory levels will be a leading indicator of price appreciation in the spring market.
“The GTA real estate market could absorb a short-term influx of detached home listings and remain in a seller’s market. If inventory remains low, prices can only go up,” said Harris.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in the Greater Toronto Area will increase 5.75 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
Greater Montreal Area
In the Greater Montreal Area, the aggregate price of a home posted a 12.4 per cent increase year-over-year reaching $487,380 in the fourth quarter of 2020. When broken down by housing type, the median price of a standard two-storey home increased 13.6 per cent year-over-year to $619,099 in the fourth quarter, and the price of a bungalow rose 15.3 per cent year-over-year to $391,493. During the same period, condominiums in the region continued to see strong price appreciation, although at a slower pace than single-family homes, with the median price rising 8.1 per cent year-over-year to $367,113.
In the core of Montreal, the aggregate price of a home rose 10.8 per cent year-over-year to $613,268. Broken out by housing type, the median price of a standard two-storey home increased 13.3 per cent year-over-year to $836,790, and the price of a bungalow rose 12.1 per cent year-over-year to $582,225. During the same period, the median price of a condominium grew 7.1 per cent year-over-year to $442,317.
“Conditions were favourable to make 2020 a year of strong growth for Montreal’s real estate market,” said Dominic St-Pierre, vice-president and general manager of Royal LePage for the Quebec region. “During the first wave of the health crisis, it was difficult to predict how it would impact the economy and, more importantly, consumer behaviour. We could have seen a price correction if buyers had left the market. But low interest rates, combined with increased household savings from remote work and new buyer incentives, played a key role in a market that was already highly competitive before the pandemic. In the suburbs and on the Island of Montreal, activity in the single-family segment resulted in double-digit price increases in most neighbourhoods of the Greater Montreal Area.
“Historically, the Montreal core has always been the hottest spot for both sales activity and prices. No one could have predicted before COVID-19 that the pace of markets on the outskirts of Montreal would outpace the city,” said St-Pierre.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in the Greater Montreal Area will increase 6.0 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Greater Vancouver increased 7.2 per cent year-over-year to $1,155,346 in the fourth quarter of 2020. Broken out by housing type, the median price of a standard two-storey home increased 8.8 per cent year-over-year to $1,507,279 in the fourth quarter, and the median price of a bungalow increased 6.8 per cent to $1,265,285. During the same period, the median price of a condominium increased 3.3 per cent year-over-year to $662,120.
In the city’s centre, the aggregate price of a home rose 5.7 per cent year-over-year to $1,306,820 in the fourth quarter. Broken out by housing type, the median price of a standard two-storey home increased 7.3 per cent year-over-year to $2,113,504, and the price of a bungalow rose 4.1 per cent year-over-year to $1,424,474. During the same period, the median price of a condominium grew 3.9 per cent year-over-year to $784,351.
“Multiple offers were common throughout the fourth quarter and almost every detached home was attracting competitive bids. Buyer confidence is strong and current low interest rates make purchasing even more attractive,” said Randy Ryalls, general manager, Royal LePage Sterling Realty. “Buyers are worried they will be priced out of the market and with our low inventory of homes for sale in the region, prices are expected to go up in the spring.”
Ryalls added that while new listings slowed in the fourth quarter, which is consistent with seasonal trends, the pipeline of buyers continues to grow.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Greater Vancouver will increase 9.0 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Ottawa increased 14.9 per cent year-over-year to $568,608 in the fourth quarter of 2020. During the same period, the median price of a two-storey home increased 14.8 per cent to $595,991, while the median price of a bungalow increased 15.9 per cent to $588,320, and the median price of a condominium increased 13.8 per cent to $385,525.
“The strong seller’s market is expected to persist through 2021, as demand continues to outpace supply in Ottawa,” said Jason Ralph, managing partner, Royal LePage TEAM Realty. “The city is more affordable than Vancouver or Toronto and that’s attractive to both first-time buyers and young professionals from across the country, especially those with families.”
Ralph noted that prices are set to continue a steady upward climb as potential buyers who were unsuccessful purchasing in 2020 re-enter the upcoming spring market.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Ottawa will increase 11.5 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Calgary dipped slightly by 0.5 per cent year-over-year to $467,041 in the fourth quarter of 2020. During the same period, the median price of a two-storey home decreased 0.5 per cent to $512,107, while the median price of a bungalow increased 0.5 per cent to $493,164, and the median price of a condominium decreased 3.7 per cent to $248,840.
“Calgary remains an attractive place to purchase a home, partly due to its affordability relative to other major cities in Western Canada,” said Corinne Lyall, broker and owner, Royal LePage Benchmark. “With inventory levels the lowest we’ve seen in nearly two decades, specifically in the single-family detached market, I expect a brisk spring market in 2021.”
Lyall added that all signs point to continued stability in the region as an increase in immigration next year will likely create new opportunities for investors, and those looking to relocate to the region as remote work remains a viable option for many.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Calgary will increase 0.75 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Edmonton dipped slightly by 0.1 per cent year-over-year to $372,515 in the fourth quarter of 2020. During the same period, the median price of a two-storey home remained flat at $427,530, while the median price of a bungalow increased 0.4 per cent to $360,996, and the median price of a condominium decreased 1.3 per cent to $217,141.
“Edmonton’s housing market has been relatively flat throughout the pandemic, with sellers hesitant to list their homes due to safety concerns. However, the resilience of Edmonton’s home prices during the pandemic is reassuring to both buyers and sellers,” said Tom Shearer, broker and owner, Royal LePage Noralta Real Estate. “I anticipate a brisk spring market, as consumer confidence rises once a vaccination plan is well underway.”
Shearer added that demand for detached homes, driven by young families, remains strong and low inventory in this segment of the market is expected to put upward pressure on prices in the new year.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Edmonton will increase 1.5 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Halifax increased 17.1 per cent year-over-year to $377,469 in the fourth quarter of 2020. During the same period, the median price of a two-storey home increased 17.5 per cent to $399,282, while the median price of a bungalow increased 19.4 per cent to $335,744, and the median price of a condominium increased 4.0 per cent to $301,615.
“Inventory levels have hit historic lows in recent months, putting continued upward pressure on prices,” said Matt Honsberger, broker and owner, Royal LePage Atlantic. “Local buyers are looking for more space, and now, more than usual, they are competing with out-of-province buyers, many of whom are returning to the Maritimes. The option of remote work has altered the landscape of the real estate market.”
Honsberger added that many new construction projects are experiencing delays due to uncertainty surrounding the pandemic, further contributing to the supply shortage.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Halifax will increase 7.5 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Winnipeg increased 7.1 per cent year-over-year to $330,273 in the fourth quarter of 2020. During the same period, the median price of a two-storey home increased 11.4 per cent to $372,915, while the median price of a bungalow increased 3.7 per cent to $307,841, and the median price of a condominium increased 0.2 per cent to $231,500.
“That remote work will remain an option indefinitely is a reality for many Canadians, resulting in continued high demand for homes with more space,” said Michael Froese, broker and manager, Royal LePage Prime Real Estate. “As long as the supply shortage continues in Winnipeg and the surrounding communities, prices will remain buoyant.”
Froese added that the pace of sales has been exceptionally brisk. In the fourth quarter of 2020, the median number of days a detached home spent on the market was ten, compared to 27 during the same time period in 2019.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Winnipeg will increase 4.75 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The aggregate price of a home in Regina increased 3.4 per cent year-over-year to $327,517 in the fourth quarter of 2020. During the same period, the median price of a two-storey home increased 4.2 per cent to $402,903, while the median price of a bungalow increased 2.1 per cent to $295,421, and the median price of a condominium rose 8.2 per cent to $222,210.
“The trend of steadily increasing prices that we’ve seen over the last year in Regina will likely extend into the spring, as the need for more space continues to drive demand,” said Mike Duggleby, broker and owner, Royal LePage Regina Realty. “We are experiencing an inventory shortage, like many cities in Canada. Until supply can keep up with growing demand, prices will keep climbing.”
Duggleby added that the return of international students to the region will put further upward pressure on prices, specifically in the condominium segment.
In December, Royal LePage issued a forecast projecting that the aggregate price of a home in Regina will increase 2.75 per cent in the fourth quarter of 2021, compared to the same quarter in 2020.
The Royal LePage House Price Survey provides information on the three most common types of housing, nationally and in 62 of the nation’s largest real estate markets. Housing values in the Royal LePage House Price Survey are based on the Royal LePage Canadian Real Estate Market Composite, produced quarterly through the use of company data in addition to data and analytics from its sister company, RPS Real Property Solutions, the trusted source for residential real estate intelligence and analytics in Canada. Commentary on housing and forecast values are provided by Royal LePage residential real estate experts, based on their opinions and market knowledge.
About Royal LePage
Serving Canadians since 1913, Royal LePage is the country’s leading provider of services to real estate brokerages, with a network of over 18,000 real estate professionals in over 600 locations nationwide. Royal LePage is the only Canadian real estate company to have its own charitable foundation, the Royal LePage Shelter Foundation, dedicated to supporting women’s and children’s shelters and educational programs aimed at ending domestic violence. Royal LePage is a Bridgemarq Real Estate Services Inc. company, a TSX-listed corporation trading under the symbolTSX:BRE. For more information, please visit www.royallepage.ca.
SOURCE Royal LePage Real Estate Services
For further information: Katie Raskina, Proof Strategies, [email protected], (416) 969-2709
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As the pandemic continues, certain sectors of commercial real
estate have been impacted, particularly the office, hospitality and
Pressure is being felt especially by Canada’s brick and
mortar retail and hospitality industries as some businesses are
struggling to maintain healthy balance sheets, and all indicators
suggest that the commercial real estate market will face more
challenges in 2021. As market pressures mount, dealmaking
opportunities are emerging. In this article, we explore important
considerations that landlords and lenders, owners/occupiers and
purchasers should keep in mind as they engage in distressed and
other opportunistic commercial real estate transactions in the
To date, the Canadian commercial real estate market has not
witnessed a wave of bankruptcies or insolvencies as a result of the
COVID-19 pandemic, although some warning signs are emerging that we
will continue to monitor. In the United States, there has been a
host of bankruptcies by large retailers, such as Neiman Marcus,
Brooks Brothers and Muji, among others, leaving empty lease spaces
that landlords must repurpose for other uses. It remains to be seen
whether these types of large-scale insolvencies will impact the
Canadian real estate market.
Insolvency proceedings present several opportunities. A company
whose real estate is overleveraged cannot sell a property, at least
without the consent of the lender.
For those tenants who are surviving, landlords are working with
them to offer concessions, such as rent abatement or reduced rent
payments determined as a percentage of sales, if any. Other major
issues faced by landlords include lease terminations on grounds of
force majeure and renegotiations of co-tenancy agreements. In
addition, tenants have had access to government rent-support
programs which have provided some relief.
In contrast, in the residential real estate market, major
Canadian cities have broadly fared well, though smaller markets are
equally beginning to witness mounting pressures, especially with
regard to maximum loan-to-value (LTV) analyses which lenders are
undertaking as property owners seek to finance new, or re-finance
The short and long-term prospects for office properties remains
unknown at this time and will only play out as the length of the
pandemic becomes determined, office workers feel safe (or are
mandated) to return to work and the extent to which the “work
from home” trend continues following the crisis.
Seeking relief from mounting market pressures
The commencement of insolvency proceedings may present an
opportunity for commercial real estate players to seek relief from
mounting financial challenges, although landlords, lenders and
prospective purchasers will need to weigh different considerations
as they engage in these processes.
Insolvency proceedings present several opportunities. A company
whose real estate is overleveraged cannot sell a property, at least
without the consent of the lender. Insolvency proceedings allow a
party to apply to the court for a vesting order—a powerful
remedy giving the court broad discretion to deal with property
which is subject to multiple creditor claims and needs to be sold
In the context of an insolvency proceeding, a court may remove
from title all encumbrances, transfer title, and hold back funds
for claims. Another benefit of an insolvency proceeding is the
ability to market the assets in an expedited manner. Finally, if
the relevant property is a development of pre-sales or pre-leases,
those contracts may no longer reflect market value; the court has
discretion to terminate these contracts and transfer title to the
purchaser without it being bound by those contractual terms.
Many industries are surviving through government funding, and
this will not last forever—there will likely be a wave of
opportunities in the commercial real estate market in 2021 and
From a landlord perspective, if a tenant is going through a
creditor protection or bankruptcy process, the landlord may be
prohibited from exercising certain rights that it would otherwise
have in normal circumstances, such as the right to terminate a
lease, the right to distrain, and so on. Landlords will need to
exercise caution when evaluating enforcement options in this
For lenders, they will need to determine if they want to go
through foreclosure or power of sale proceedings when dealing with
distressed assets and should understand timelines of both
Finally, in terms of vesting orders, care must be taken when
evaluating the language of the order. From the purchaser’s
perspective, there may be limited avenues to perform satisfactory
due diligence, including issues around tenant estoppels, or lack of
representations and warranties.
Distressed opportunities on the horizon
While many market players are looking to acquire distressed
commercial real estate assets, dealmaking opportunities have yet to
fully materialize as the level of insolvency in the Canadian
commercial real estate market remains relatively low. However, many
industries are surviving with the benefit of government funding,
and this will not last forever—there will likely be a wave of
opportunities in the commercial real estate market in 2021 and
beyond, with the long-term impact of the pandemic to play out in
the commercial real estate market in a 3-5-year time horizon.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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