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09/30/2023
08/09/2018

How much Cannabis can be grown legally in a residence once it becomes legal?
4 Cannabis plants may be grown in each residence. This includes apartment or condominium units. Under Federal legislation, this could also include an outside garden that is part of a home. The Provinces will each determine whether to permit this outside growing.

Will there be any standards as to what constitutes “safe” growing of Cannabis
Right now there do not appear to be any regulations in place. You will undoubtedly see “tool kits” or “indoor tents” being marketed for this purpose, with marketing claiming that this will not create mold behind the walls, for example. Still, professional electricians will likely be required for this, including preparing proper ventilation from the plants to the outside, as additional protection against mold.

Should a seller and real estate agent disclose the past existence of Cannabis plants on the property, if it is legal?
In my opinion this will be an issue as to whether it can be classified as a material latent defect, which would have to be disclosed. Since mold behind the walls that the seller knows about could satisfy this test, there will likely be litigation when it is not disclosed and problems arise after closing.

Can you stop a tenant from smoking Cannabis or growing cannabis plants?
Even though it is legal, you can include a clause in a lease to stop any tenant from smoking or growing Cannabis on the premises. This should be inserted into every lease. If the tenant then smokes, it will be easier to evict them. While medical Cannabis users may raise human rights issues, it is still better to have this clause in the lease right from the start to have a defence.

What will condominiums do to stop Cannabis from being smoked or grown?
Some condominiums are already passing rules to stop any kind of smoking, whether ci******es or Cannabis and growing of any Cannabis Plant. Others may set aside an area of the building for users, or just for medical Cannabis users. Others may just wait and see and attempt to rely on provisions in Condominium Law that you cannot commit a nuisance to your neighbours. Then, if the smoking is bothering your neighbours, they can bring action to get you to stop.

05/24/2017

Toronto Real Estate Bidding Wars Turn to Buyers' Remorse 11/14

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A mailman stands in front of a house in Toronto, Ontario, Canada, on Thursday, May 11, 2017. Toronto home prices climbed 5 percent in April, suggesting the Ontario government's foreign buyer tax and troubles at Home Capital Group Inc. haven't yet cooled the market.: 1495072227_canada housing© Bloomberg/Bloomberg 1495072227_canada housing
(Bloomberg) -- Toronto’s hot housing market has entered a new phase: jittery.

After a double whammy of government intervention and the near-collapse of Home Capital Group Inc., sellers are rushing to list their homes to avoid missing out on the recent price gains. The new dynamic has buyers rethinking purchases and sellers asking why they aren’t attracting the bidding wars their neighbors saw just a few weeks ago in Canada’s largest city.

“We are seeing people who paid those crazy prices over the last few months walking away from their deposits,” said Carissa Turnbull, a Royal LePage broker in the Toronto suburb of Oakville, who didn’t get a single visitor to an open house on the weekend. “They don’t want to close anymore.”

Home Capital may be achieving what so many policy measures failed to do: cool down a housing market that soared as much as 33 percent in March from a year earlier. The run on deposits at the Toronto-based mortgage lender has sparked concerns about contagion, and comes on top of a new Ontario tax on foreign buyers and federal government moves last year that make it harder to get a mortgage.

“Definitely a perception change occurred from Home Capital,” said Shubha Dasgupta, owner of Toronto-based mortgage brokerage Capital Lending Centre. “It’s had a certain impact, but how to quantify that impact is yet to be determined.”

Early data from the Toronto Real Estate Board confirms the shift in sentiment. Listings soared 47 percent in the first two weeks of the month from the same period a year earlier, while unit sales dropped 16 percent. Full-month data will be released in early June.

A couple months ago amid robust demand, it was common for sellers to price their homes on the low side to spur bidding wars. Such tactics won’t work now, according to Century 21 Millennium Inc. brokerage owner Joanne Evans.

“The frenzy is over -- it’s over,” said Evans, who focuses on Toronto suburbs such as Brampton. “Sanity is returning to the marketplace.”

Recent competition for homes had some prospective buyers so desperate they were buying properties “sight unseen,” said Shawn Zigelstein, a Toronto-area agent with Royal LePage Your Community Realty. Others made offers without an inspection.

In February, home-inspection firm Carson Dunlop saw a 34 percent drop in volume. Business has improved since then, with the first two weeks of this month putting the Toronto-based company on track to be unchanged from May 2016, according to founder Alan Carson.

“The market does seem to be shifting,” he said.

Prices Moderate

The average selling price in the Toronto area was C$890,284 ($658,000) through May 14, up 17 percent from a year earlier, yet down 3.3 percent from the full month of April. The annual price gain is down from 25 percent in April and 33 percent in March. Toronto has seen yearly price growth every month since May 2009. The last time the city saw gains of less than 10 percent was in December 2015.

Brokers say some owners are taking their homes off the market because they were seeking the same high offers that were spreading across the region as recently as six weeks ago.

“In less than one week we went from having 40 or 50 people coming to an open house to now, when you are lucky to get five people,” said Case Feenstra, an agent at Royal LePage Real Estate Services Loretta Phinney in Mississauga, Ontario. “Everyone went into hibernation.”

Toronto real estate lawyer Mark Weisleder said some clients want out of transactions.

“I’ve had situations where buyers are trying to try to find another buyer to take over their deal,” he said. “They are nervous whether they bought right at the top and prices may come down.”

Confidence Wanes

Brokers say the 15 percent foreign buyers’ tax announced by Ontario on April 20 and the ongoing struggles at Home Capital are sapping confidence. That’s more than offset concerns about tighter rent controls that developers have said will limit housing supply and keep prices high.

Weekly polling data show real estate price expectations have come down, in a sign that Canadians are anticipating housing markets in Toronto and Vancouver will finally cool. The share of people saying home prices will rise in the next six months fell for a second week to 46 percent, according to data compiled by Nanos Research Group for Bloomberg News. That’s down from a record 50.1 percent two weeks ago.

The fate of Home Capital, known as a “b-lender” because it caters to new immigrants and other homebuyers who can’t get a traditional bank loan, remains in question. A run on deposits and stock plunge began late last month after regulators accused the company of misleading investors about potentially fraudulent mortgage applications.

“Home Capital is affecting things because people who can’t get mortgages from the banks rely on them and other b-lenders,” said Lorand Sebestyen, an agent with iPro Realty Ltd. in Toronto. “If you can’t get the mortgage then you obviously can’t buy anything and it’s going to affect the market, especially for the higher-priced properties.”

Market Fear

The firm went into survival mode as concern about Toronto’s housing market was escalating, with Bank of Canada Governor Stephen Poloz warning the gains were unsustainable. Worries about a market bubble morphed into nervousness about whether Canada might be on the brink of a financial meltdown. Rising household debt and runaway housing prices led to credit rating downgrades for the country’s six biggest banks this month by Moody’s Investors Service.

“It’s fear,” Century 21’s Evans said. “It’s another contributing factor to the fear of ‘what’s going to happen?”’

Home Capital’s competitors have seen a surge in demand as more brokers steer clients away from the struggling lender, Dasgupta said. Those lenders in turn are experiencing slower response times due to a backlog of borrowers.

“Home Capital is a bigger deal than the government announcement,” Weisleder said. “It’s had a bigger impact on the market.”

Rental Time

Still, not all sellers are feeling pinched.

Michael Hartmann put his north Toronto home up for sale on May 17, and it sold on May 22, the first day he began taking offers. The 53-year-old professor at McMaster University’s DeGroote School of Business in Hamilton, Ontario, decided not to take his agent’s advice to price the house on the low side in an attempt to stir up a bidding war.

He nudged the price up to be more in line with other homes in the neighborhood and sold it for C$1.65 million, C$10,000 above asking price. Hartmann said he and his wife will take their time before choosing their next move.

“We are in the fortunate position as empty-nesters that we don’t have to rush back into the market,” he said. “We have the advantage of seeing whether we go back in and buy in Toronto or somewhere else in Canada or go abroad.”

In the meantime, they plan to rent.

(Adds comment starting in the sixth paragraph.)

--With assistance from Erik Hertzberg

To contact the reporter on this story: Kim Chipman in Toronto at [email protected].

To contact the editors responsible for this story: David Scanlan at [email protected], Daniel Taub

05/09/2017

5 Things to know about the New Ontario 15% Non- Resident Speculation Tax
Although the Province has just announced the 15% Non-Resident Speculation tax, there are already more questions than answers. Here is what you need to know.
1. The tax is for non-residents of Canada buying 1-6 residential units in the Golden Horseshoe area of Ontario.
This tax is in addition to any Land Transfer Tax payable. It applies only on 1-6 units of residential property purchased by a Non-resident of Canada in the Golden Horseshoe Region of Ontario, including Toronto, Niagara, Hamilton, Peterborough, Simcoe, Waterloo and York. It thus does NOT apply to any apartment building with at least 7 residential units, or any commercial property, industrial property or vacant land.
2. What if you are a Canadian citizen but also a non-resident?
If you are a Canadian citizen, you do not pay the tax. Even if you are a non-resident, living in the US, Great Britain or Hong Kong, as long as you are a Canadian citizen, you will not pay this tax.
3. What if there are 3 buyers buying a property that cost $500,000.00, each owning a third of the property, with 2 owners being Canadian citizens and one being a non-resident?
Here it becomes very problematic. Even if the non-resident will own only one third of the property, they must pay 15% on the entire purchase price of $500,000.00, or $75,000.00
4. Lenders ask for parents to sometimes co-sign a mortgage for their children buying a home and take a small percentage of title, even 1%, to do so. What happens if the children are permanent residents of Canada but the parent is a non-resident?
This is a disaster, because under the new rules, even if the parent was holding the 1% title in trust for the children, they must pay 15% of the tax on the ENTIRE purchase price. Mortgage brokers, lenders and realtors must be aware of this when qualifying potential buyers. In this regard, lenders will have to start giving serious consideration to accepting a guarantee instead from the non-resident parents, to avoid the non-resident parents having to take any interest in the property, triggering this tax. The issue, however, is that if the children do not qualify based on their income, the parent may have to go on title to satisfy the lender requirements. In addition, the guarantee will likely require the parents to obtain independent legal advice , and permit them to raise more defences if the bank tries to enforce it. As you can see, this is not easy, and this must be determined before anyone in this situation puts in an offer to buy a home.
5. Rebates
Even if the tax is paid, rebates will be available if the non-resident becomes a resident of Canada or a Canadian citizen within 4 years of closing, or if the non-resident is a foreign student who has been enrolled as a full-time student at an approved Ontario institution for at least 2 years after closing, or the foreign national has worked at a full-time Ontario job for at least one year after closing.
At our firm, we close real estate deals all over Ontario including the Golden horseshoe area. With our mobile signing service we can come to you at the time and location of your choice to sign your closing documentation.

05/03/2017

Charging "entry fees" for pre-construction units

The Real Estate Council of Ontario (RECO) has become aware of a potentially unlawful practice regarding pre-construction real estate. It is being alleged that some registrants may be charging "entry fees" or "admission fees" to prospective buyers of pre-sale homes.

These fees supposedly give buyers access to purchase properties before they are available to the public or front-of-the-line status. Media reports have also stated that registrants have asked for cash payments and refused to issue receipts. They may also be sharing the proceeds with the developer's staff.

There are specific regulations regarding how registrants accept funds from consumers:

Full Disclosure - A document must be presented to potential buyers regarding any funds collected. The document must spell out:
what those funds are for;
how the funds are to be handled;
how the funds will be distributed, such as toward the deposit on a property; and
the conditions for the return of the funds if the consumer does not decide to make a purchase.
Under the Code of Ethics, you are obligated to treat every person you deal with in the course of a trade fairly, honestly and with integrity. And you must promote and protect the best interests of your clients. With that in mind, if a consumer pays an "entry fee" and does not purchase a unit, it is expected that the fee will be returned to the customer.

The buyer should also receive a receipt for any funds they provide.

Trust Accounts - All money provided by a buyer to a registrant must be forwarded to their brokerage. That money must be held in the brokerage's trust account until such time that it is to be disbursed appropriately.

Seller Permission - "Entry fees" can't be requested or accepted unless the registrant has received explicit consent of the seller of the property to do so.

It would be permissible to accept certain entry fees, only if the registrant complies with the rules listed above. If you are aware of a registrant breaching these rules, please file a complaint with RECO. If you suspect that employees of builders are improperly requesting or accepting fees without proper disclosure to buyers, you should inform Tarion, the regulator of home builders in the province.

Consumers have the right to know what they are paying for, and what will happen with their money. Transparency and upfront documentation are key to remaining in compliance with the regulations.

04/20/2017

New Housing Measures Announced

This morning, Premier Kathleen Wynne announced a comprehensive package of housing reforms, ahead of next week's provincial budget aimed at cooling the GTA housing market. The release can be found here. The announcement follows extensive media coverage about the serious concerns with the over-heating markets.

Mortgage Professionals Canada has been engaged with the Ontario government and many MPPs through our lobbying activities and our recent Queen’s Park Advocacy Day. We are pleased to see measures that will increase supply, improve data collection and curb speculation within the market place, which we have been asking the government to do.

However, we are disappointed that there is no additional support for first-time buyers in this package, and we suggest caution that a foreign buyer tax will not have the desired impact that the government seeks.

We will be studying the comprehensive package of measures in greater detail over the coming days and will continue to engage with the government to ensure the interests of our members are heard at Queen’s Park.

What was announced:

Introducing legislation that would, if passed, implement a new 15-per-cent Non-Resident Speculation Tax (NRST) on the price of homes in the Greater Golden Horseshoe (GGH) purchased by individuals who are not citizens or permanent residents of Canada or by foreign corporations.
Expanding rent control to all private rental units in Ontario, including those built after 1991.
The government will introduce legislation that would, if passed, strengthen the Residential Tenancies Act to further protect tenants and ensure predictability for landlords.
Establishing a program to leverage the value of surplus provincial land assets across the province to develop a mix of market housing and new, permanent, sustainable and affordable housing supply.
Introducing legislation that would, if passed, empower the City of Toronto, and potentially other interested municipalities, to introduce a vacant homes property tax to encourage property owners to sell unoccupied units or rent them out, to address concerns about residential units potentially being left vacant by speculators
Ensuring that property tax for new multi-residential apartment buildings is charged at a similar rate as other residential properties. This will encourage developers to build more new purpose-built rental housing and will apply to the entire province.
Introducing a targeted $125-million, five-year program to further encourage the construction of new rental apartment buildings by rebating a portion of development charges.
Providing municipalities with the flexibility to use property tax tools to help unlock development opportunities.
Creating a new Housing Supply Team with dedicated provincial employees to identify barriers to specific housing development projects and work with developers and municipalities to find solutions.
The province will work to understand and tackle practices that may be contributing to tax avoidance and excessive speculation in the housing market
Working with the real estate profession and consumers, the province is committing to review the rules real estate agents are required to follow to ensure that consumers are fairly represented in real estate transactions
Establishing a housing advisory group which will meet quarterly to provide the government with ongoing advice about the state of the housing market
Educating consumers on their rights, particularly on the issue of one real estate professional representing more than one party in a real estate transaction.
Partnering with the Canada Revenue Agency to explore more comprehensive reporting requirements so that correct federal and provincial taxes, including income and sales taxes, are paid on purchases and sales of real estate in Ontario.
Making elevators in Ontario buildings more reliable by establishing timelines for elevator repair in consultation with the sector and the Technical Standards & Safety Authority (TSSA).
Working with municipalities to better reflect the needs of a growing Greater Golden Horseshoe through an updated Growth Plan

5 Things to remember when reviewing a condominium status certificateWatch the video:  Click Here https://youtu.be/8zSeOB...
03/22/2017

5 Things to remember when reviewing a condominium status certificate
Watch the video: Click Here https://youtu.be/8zSeOBZnhd8

As a result of bidding wars for condominiums, buyers are being asked to review a condominium

status certificate in advance in order to submit an offer without conditions. As a service to our

clients, we offer this review at no additional cost. Here are 5 items I look at and questions I ask

when reviewing a status certificate in advance to give the buyers comfort before making their

purchase decision.

1. Have units sold and closed in this building in the last 3-4 months?

If units are selling and closing, it means that other lawyers and lenders have approved the

building, and that CMHC most likely has not refused to lend on the property, which has

occurred many times when concerns have been raised. This should give you some comfort

that all is in order in the building.

1. What is the condominium corporation number?

Condominiums are registered in numerical order, with the first buildings being registered

about 50 years ago. There are approximately 2700 condominium corporations in the Toronto

area. That means if you are number 2400, your building is likely 2-3 years’ old. If it is

number 1500, then it is likely 12-15 years’ old. If it is number 200, then it is closer to 45

years’ old. This can give you some clues as to when the roof may need to be repaired and

whether there is enough money in the reserve fund for major repairs that may be required.

For example, a roof may need to be replaced every 20-25 years. This is the major expense for

most townhouse projects.

2. Who is the property manager?

When the property manager is a familiar name, there is comfort that the condominium board

is being given the correct advice in how to properly maintain the building now and in the

future. If you hear names such as Brookfield, First Service or Dell, this is typically a positive

attribute for the corporation.

3. Does the reserve fund match the reserve fund study

The reserve fund study should be updated every 3 years. Be suspicious if there is no current

one. The amount in the reserve fund today should be similar to the amount that was projected

in the last reserve fund study. If there is a shortfall, then do the following calculation. If there

are 100 units in the building, it is likely your unit is 1% of the expenses. That means if the

reserve fund is short 1 million dollars, your unit share would be $10,000.00. If there are 200

units, your share is one half a percent or $5,000.00. This is likely your worst case scenario.

Just adjust your purchase price accordingly. You can do the same math if you need to cost a

special assessment or lawsuit affecting the building.

4. Is AirBNB permitted?

The status certificate will tell you how many units are leased to tenants. Many buildings

have minimum lease periods of 6 months to 1 year, which would prohibit Air BNB. More

and more condominiums are trying to prevent this, due to security and insurance issues.

5. Pets and Parking

Make sure you understand in advance whether pets are permitted at all in the building or

whether there are weight restrictions on pets that are permitted. There is no point wasting

time on buildings where the buyer has a pet that will not be permitted. Make sure you

physically see the parking space and the locker before signing any offer, so that there is

no confusion with what you expect to receive on closing. It is possible that the number on

the floor may not be the same as the legal unit number. That can be determined by just

asking the property manager for details.

If you understand how to read a status certificate, you can assist your clients during a

very stressful condominium bidding war.

5 Things to remember when reviewing a condominium status certificate By Mark Weisleder As a result of bidding wars for condominiums, buyers are being asked t...

01/17/2017

CMHC to Increase Mortgage Insurance Premiums

OTTAWA, January 17, 2017 — CMHC is increasing its homeowner mortgage loan insurance premiums effective March 17, 2017. For the average CMHC-insured homebuyer, the higher premium will result in an increase of approximately $5 to their monthly mortgage payment.
“We do not expect the higher premiums to have a significant impact on the ability of Canadians to buy a home,” said Steven Mennill, Senior Vice-President, Insurance. “Overall, the changes will preserve competition in the mortgage loan insurance industry and contribute to financial stability.”
Capital requirements are an important factor in determining mortgage insurance premiums. The changes reflect OSFI's new capital requirements that came into effect on January 1st of this year that require mortgage insurers to hold additional capital. Capital holdings create a buffer against potential losses, helping to ensure the long term stability of the financial system.
During the first nine months of 2016:
· The average CMHC-insured loan was approximately $245,000.

· The average down payment was approximately 8%.

· The average gross debt service ratio (GDS) was 25.6%. To qualify for CMHC insurance, a homebuyer’s GDS should not exceed 32% of their total monthly household income.

Down payment between 5% and 9.99%
Loan Amount

$150,000

$250,000

$350,000

$450,000

$550,000

$850,000

Increase to Monthly Mortgage Payment

$2.82

$4.70

$6.59

$8.47

$10.35

$15.98

Based on a 5 year term @ 2.94% and a 25 year amortization
*Premiums in Manitoba, Ontario and Quebec are subject to provincial sales tax — the sales tax cannot be added to the loan amount.
Premiums are calculated based on the loan-to-value ratio of the mortgage being insured. The premium can be paid in a single lump sum but more frequently is added to the mortgage principal and repaid over the life of the mortgage as part of regular mortgage payments. Additional details and scenarios are included in the backgrounder below.
CMHC regularly reviews its premiums and sets them at a level to cover related claims and expenses while also reflecting the regulatory capital requirements.
CMHC is Canada’s most experienced mortgage loan insurer. Our mortgage loan insurance enables Canadians to buy a home with a minimum down payment starting at 5%. As a Crown corporation, CMHC is the only mortgage insurer whose proceeds benefit all Canadians.
As Canada’s authority on housing, CMHC contributes to the stability of the housing market and financial system, provides support for Canadians in housing need and offers objective housing research and information to Canadian governments, consumers and the housing industry.
Backgrounder

· CMHC’s standard mortgage loan insurance premiums will be changing as follows:

Loan-to-Value Ratio
Standard Premium (Current)
Standard Premium (Effective March 17, 2017)
Up to and including 65%
0.60%
0.60%
Up to and including 75%
0.75%
1.70%
Up to and including 80%
1.25%
2.40%
Up to and including 85%
1.80%
2.80%
Up to and including 90%
2.40%
3.10%
Up to and including 95%
3.60%
4.00%
90.01% to 95% - Non-Traditional Down Payment
3.85%
4.50%
Down payment between 10% and 14.99%
Loan Amount

$150,000

$250,000

$350,000

$450,000

$550,000

$850,000

Increase to Monthly Mortgage Payment

$4.94

$8.23

$11.52

$14.81

$18.10

$27.98

Based on a 5 year term @ 2.94% and a 25 year amortization
Down payment between 15% and 19.99%
Loan Amount

$150,000

$250,000

$350,000

$450,000

$550,000

$850,000

Increase to Monthly Mortgage Payment

$7.06

$11.75

$16.46

$21.16

$25.86

$39.96

Based on a 5 year term @ 2.94% and a 25 year amortization
During the first nine months of 2016
Nearly 50% of CMHC’s transactional mortgage loan business were for loans of less than $300,000
Nearly 95% of CMHC’s transactional mortgage loan business were for loans of less than $600,000
Less than 1% of CMHC’s transactional mortgage loan business were for loans of more than $850,000
CMHC follows OSFI guidelines for federally regulated mortgage insurers in Canada.
Calculating the gross debt service ratio (GDS) allows potential homebuyers to estimate the maximum home-related expenses they can afford to pay each month.
GDS = Principal + Interest* + Property Tax + Heat
Monthly Income
*Interest is calculated using the qualifying rate
Mortgage loan insurance helps protect lenders against mortgage default and enables consumers to purchase homes with a minimum down payment of 5% with interest rates comparable to those with a 20% down payment. Mortgage loan insurance is typically required by lenders when homebuyers make a down payment of less than 20% of the purchase price.
CMHC’s new premium rates will be effective for new mortgage loan insurance requests submitted on or after March 17, 2017. The current mortgage loan insurance premiums will apply for applications submitted to CMHC prior to this date, regardless of the closing date. As is normal practice, complete borrower and property details must be submitted to CMHC when requesting mortgage loan insurance.
The changes do not impact mortgages currently insured by CMHC.

01/03/2017

CHANGE OF DEFINITION OF "PURCHASER" WHO QUALIFY FOR PROVINCIAL LAND TRANSFER TAX REFUND FOR FIRST-TIME HOME BUYERS
Registrants are reminded of the new definition of "purchaser" as set out in subsection 9.2(1) of the Land Transfer Tax Act.

In addition to previous eligibility criteria, in order to claim the refund on registrations completed on or after January 1, 2017, a purchaser must be a Canadian Citizen or Permanent Resident of Canada. A Permanent Resident of Canada means a permanent resident as defined in the Immigration and Refugee Protection Act (Canada).

The new definition applies to all registrations based on agreements of purchase and sale entered on or after November 14, 2016.

The new definition has not resulted into any changes to the Land Transfer Tax statements that must be completed when claiming the provincial land transfer tax refund for first-time homebuyers.
For further information, please contact the Ministry of Finance:

Ministry of Finance
Compliance Branch
Tax Compliance & Benefits Division
PO Box 625
33 King St. West
Oshawa, ON L1H 8H9

Tel: 1 (866) 668 ONT TAXS
Fax: 1 (905) 433 5770
Teletypewriter (TTY): 1 (800) 263 7776
Website: ontario.ca/finance

Address

Markham, ON
L3S4N8

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