Archive for April, 2017

Average sale prices for condos outside Vancouver showing double-digit gains

Wednesday, April 5th, 2017

Double-digit gains for average condo price outside Vancouver

Joanne Lee-Young
The Province

Average sale prices for condos outside Vancouver, such as in New Westminster and Abbotsford, are showing some double-digit annual gains, according to the Multiple Listing Service.

In New West, the average sale price for condominiums in March went up 17 per cent compared with the year before. In north Surrey or Whalley, it rose 18 per cent. In Abbotsford, the gain was 30 per cent.

“That awkward moment when Abbotsford condos shoot up 30 per cent in a year …” quipped Steve Saretsky, a Vancouver real estate agent who specializes in condos.

Other agents also say that while condo sales in the city and other parts of Metro Vancouver have been trending up, these are new spikes that are happening farther away from the core.

In part, it comes as homebuyers continue to seek more-affordable options and are discovering markets that have been “missed” in previous price rises such as New Westminster, said Don R. Campbell, a senior analyst at the Langley-based Real Estate Investment Network, which publishes real estate research.

He discussed this in a report released Tuesday and pointed out that the average sale-price gain, year-on-year, for two-bedroom condos in New West was 24 per cent, and for three-bedroom condos, 30 per cent. “There are some new(ly built) homes, which will sell for more, and this skews the number a bit, but there has been demand for two- to three-bedroom (condo) units.

“It’s a phenomenon we have seen in parts of Ontario and Alberta, where a city or town gets missed by a ripple, and then discovered,” said Campbell. For young families, “it’s still close to the centre and relatively affordable.”

Claire Desmarais bought a pre-sale unit directly from the developer at The Sapperton in New West, choosing it for its location near SkyTrain, view of the river and because it felt near “up-and-coming opportunities, especially for local businesses.”

“It’s definitely a development that was targeted to my demographic,” said Desmarais, 29, who works in Vancouver as a manager of music partnerships and was wary of a long commute. “They had branding that could have been by a Main Street brewery. It was all cool and that robin’s-egg blue colour with trendy typography. It could have been on any signage off of Mount Pleasant.”

Regarding some of the sharper, year-on-year price gains for condos, especially ones hitting near 20 to 30 per cent, a few agents also point to the impact of a limited number of pre-sale condos available to buyers. This means they seek to buy contract assignments, which are sold ahead of a sale and often for a higher price.

© 2017 Postmedia Network Inc.

Expertise Beats Referral When Finding a New Agent: Survey

Tuesday, April 4th, 2017

REW

We’re always told that when you choose a real estate agent to work with, you should get word-of-mouth reccomendations from family and friends who have worked with those agents before. But, as more data becomes readily available, is the way we choose our REALTORS® changing?

In an REW.ca poll of 2,244 people in BC conducted February 2017, respondents who had purchased a home in the past seven years said that a high level of neighbourhood or building expertise was the number-one reason for choosing one agent over another – beating out personal recommendations.

Local expertise was cited by 39 per cent of first-time home owners as the top selection factor when finding a new real estate agent – notably higher than a referral from family or friends, at 27.5 per cent, and an agent’s reputation for getting the best deal, also 27.5 per cent.

The local expertise factor jumped even higher, to 51 per cent, among multiple-property buyers who said they would consider looking for a new agent the next time they purchase a home – followed by recommendations (38.6 per cent) and reputation (22.8 per cent).

What’s more, nearly half (48.1 per cent) of first-time home owners said that they would either consider using a different real estate agent or would definitely switch the next time they buy a home.

And among respondents who have purchased more than one property, an eyebrow-raising 71.5 per cent have worked with two or more real estate agents, and 19.1 per cent have worked with four or more.

Joannah Connolly, editor of REW.ca, commented, “It certainly seems that a referral from friends or family does not carry the weight that it once did – leaving the door wide open for agents with local expertise to pick up new clients.”

© 2017 REW.ca

Vancouver’s Housing Market Cooling, or Not?

Tuesday, April 4th, 2017

Greater Vancouver Home Sales Surge in March

Joannah Connolly
REW

Spring may have been slow to take hold in terms of the weather this year, but in terms of real estate sales it was a typically busy spring market in March.

Home sales in the Greater Vancouver region last month surged by nearly 50 per cent compared with February, showing the third-busiest March in at least the past 10 years, according to statistics published by the Real Estate Board of Greater Vancouver (REBGV) April 4.

Sales on the MLS® in March were nearly 30.8 per cent lower than the record-smashing March 2016, which was the peak of home sales ever recorded, but they were still 7.9 per cent higher than the 10-year average for the month

As with the Fraser Valley, and also in both regions last month, a very limited supply of new inventory seems to be preventing the market from recovering even further. In turn, active listings as of the end of March were up a meagre 3.1 per cent year over year and were even lower than February’s.

Just like in February, March’s monthly increase in sales with no similar increase in supply, pushed the market even further back into seller’s market territory in March, with the sales-to-listing ratio jumping dramatically to 47.2 per cent.

“While demand in March was below the record high of last year, we saw demand increase month-to-month for condos and townhomes,” said Jill Oudil, the Real Estate Board of Greater Vancouver (REBGV) president. “Sellers still seem reluctant to put their homes on the market, making for stiff competition among home buyers.”

March’s composite benchmark price was $919,300. This is 1.4 per cent up from the previous month, and 12.7 per cent higher than March 2016, according to the board.

Sales and Listings

After a slow start to the year, there were 3,579 residential sales on the Greater Vancouver MLS® in March, a drop of 30.9 per cent compared with March 2016, but a rise of 47.6 per cent over February’s 2,425 home sales.

March’s transaction total was 7.9 per cent higher than the 10-year average for the month.

As usual, however, the figures varied significantly when broken down by property type. Some 1,150 single-family homes exchanged hands in March – a drop of 46.1 per cent from the record-breaking detached home market of last March, but a leap of more than 54 per cent over February this year.

Townhome, row home and duplex properties saw 588 unit sales in March, a 25.2 per cent decrease from March 2016, but a 45.5 per cent rise month over month.

Condo sales kept their upward trajectory, with 1,841 units sold in March. This was a decline of 18.3 per cent compared with March 2016, but a 44.4 per cent increase since February.

Potential sellers were still somewhat reluctant to list their homes in March, with 4,762 new listings coming up for sale – 24.1 per cent less than in March 2016. However, there were some signs of spring movement, as the figure is nearly 30 per cent higher than this year’s very slow February.

Active listings as of the end of March totalled 7,786 homes, a slight 3.1 per cent increase compared with March 2016 and almost flat with February at a 0.1 per cent decrease.

Once more, due to sales rising month over month but supply remaining comparatively constrained, the overall sales-to-active listings ratio is firmly in seller’s market territory at 47.2 per cent, up another 15 points over February’s jump.

Benchmark Prices

The combined residential benchmark price (all property types) in Greater Vancouver in March was $919,300 – an increase of 1.4 per cent from the previous month, and 12.7 per cent higher than March 2016, but just under a percentage point lower than the price peak of around six months ago.

This slight six-month decline, however, is entirely led by single-family home benchmark prices. Last month these were 10.9 per cent higher than March 2016 at $1,489,900 – and one per cent higher than February’s price, but five per cent lower than six months ago.

Attached home benchmark prices saw another year-over-year rise, up 16 per cent to $685,100, an increase of 1.4 per cent since February and higher than six months ago by 1.3 per cent.

Condo-apartment prices saw the biggest month-over-month rise, and also took the prize for annual increase, at $537,400. This is 16.1 per cent more than a year ago, up 2.1 per cent over February and an impressive 5.2 per cent over the past six months.

“Home prices will likely continue to increase until we see more housing supply coming on to the market,” Oudil said.

Home prices vary widely throughout the REBGV region. To get a good idea of home prices in a specific location, check the detailed MLS® Home Price Index in the REBGV full statistics package.

© 2017 REW.ca

Banking head speaks out on Toronto real estate market

Tuesday, April 4th, 2017

Doug Alexander
Mortgage Broker News

Governments may have to impose more measures to cool Toronto’s housing market if prices remain “overheated” after the spring buying season, said Bank of Nova Scotia’s Canadian banking head James O’Sullivan.

Toronto is the housing market of most concern in the country, with unsustainable and unhealthy price increases, O’Sullivan told reporters Tuesday after Scotiabank’s annual meeting in Toronto. He’d like to see how home sales in Canada’s most-populous metropolitan area play out between April and June before pushing for further measures.

“If at the end of that spring market Toronto still has higher volumes, strong double-digit price increases, then we think it’ll clearly be time for further action — and we will be supportive of that action,” O’Sullivan said. “If it remains overheated, it’s time for action.”

Measures such as a speculation tax or foreign-buyers levy, such as the one British Columbia imposed last year to cool Vancouver’s housing market, should both be “on the table,” O’Sullivan said, adding that mortgage market changes by federal and provincial governments in the last couple of years have removed risks in the housing market.

Still, Toronto remains an issue: the city has seen prices up 24 percent from a year ago, sparking calls by economists at Bank of Montreal and elsewhere that the city is in a housing “ bubble.”

“Double-digit price increases are not sustainable and they’re not healthy, and this market has been going straight up for a very long time,” O’Sullivan said. “So it’s going to come to an end at some point, and it’s a question of how it ends.”

O’Sullivan said he wants a smooth correction and a soft landing, which would argue for action sooner rather than later.

“It’s in the best interest of everyone that we have a soft landing rather than a hard landing,” he said.

Copyright Bloomberg 2017

Rogue mortgage brokers identified by new online portal

Tuesday, April 4th, 2017

Steve Randall
Canadian Real Estate Wealth

Mortgage brokers who have broken the rules will now be more easily identified by consumers through a new online portal.

Launched by the Mortgage Broker Regulators’ Council of Canada, the database brings together information from provincial and nationwide regulators.

“Mortgage brokers are regulated professionals who can help you find the right mortgage to finance your home. This new, easy-to-use database gives consumers a way to help check a broker’s background before entrusting them with such an important financial transaction,” said Rory Peters, chair of the MBRCC.

By entering a name or company in a search, consumers will see any disciplinary actions taken against an individual broker or their company. The information will remain on the system for the same time as it does on provincial or other regulators’ databases.

Checking the status of mortgage brokers should still be done via provincial regulators’ websites.

Copyright © 2017 Key Media Pty Ltd

Banks Push Nonprime Mortgage-Bond Revival With Canadian Deal

Monday, April 3rd, 2017

Allison McNeely
REP

Banks are marketing what could be one of Canada’s first nonprime residential mortgage-backed securities deals since the global financial crisis.

National Bank of Canada has held discussions with investors about a bond backed by a pool of residential mortgages just below prime-credit quality, Derek Norton, MCAP Corp.’s chief executive officer, said. The so-called alt-A mortgages are originated by MCAP, one of Canada’s largest alternative mortgage-financing companies.

Discussions held this week with investors are still in the early stages and the initial tranche would be less than C$100 million ($75 million), according to a person familiar with the matter, who asked not to be identified because the deal is private. It should grow into a “significant” funding vehicle, the person said.

“This is to the best of our knowledge the first kick at the can and it’s a small start,” Norton said. MCAP’s 2014 prime RMBS is the only deal the market has seen since the financial crisis, he said.

A representative for Montreal-based National Bank of Canada declined to comment.

The deal comes amid concern that Canada’s housing market is in a bubble, driven by soaring prices particularly in Toronto and Vancouver. Although the country escaped the worst of the 2008 financial crisis, Canada’s non-bank short-term commercial paper market backed by residential mortgages collapsed in August 2007 amid the U.S. subprime meltdown.

Market Disappeared

New Latitude Capital Corp., a Canadian uninsured mortgage lending platform, has created a trust that will buy mortgages and issue various rated and unrated tranches of securitized debt, according to a person familiar with the matter. Subprime borrowers are generally considered to be homebuyers with FICO scores below 620 and mortgages with a loan-to-value ratio above 80 percent. The credit scoring scale from Fair Isaac Corp. ranges from 300 to 850.

New Latitude Capital declined to comment.

The market for uninsured residential mortgage-backed securities has largely disappeared since the crisis, with only one deal from MCAP in 2014. The alternative lender, which has more than C$61 billion in assets according to its website, has an outstanding C$200.8 million program backed by a pool of uninsured, first-lien prime residential mortgages in Canada with a maximum loan-to-value ratio of 80 percent at origination, according to a report from credit-rating firm DBRS.

But Canada could see a renewed interested in RMBS funding after changes introduced by the federal government last year tightened access to government mortgage insurance and forbid putting insured house loans in private securitization pools, according to a Moody’s Investors Service report. Canada’s mortgage-backed securities market is dominated by C$441 billion outstanding in National Housing Act mortgage-backed securities insured by Canada Mortgage and Housing Corp.

“I think the new rule changes are going to create an opportunity for us to do some more,” Norton said, noting that it was still too early but they are looking.

Uninsured mortgages could also flow into Canada’s commercial-paper market backed by residential debt. The market for such securities, which has a typical duration of 45 to 60 days, is about C$17 billion in debt backed by residential mortgages, DBRS said in a report in December.

Copyright Bloomberg 2017

Canadian laws allow real estate corruption says report

Monday, April 3rd, 2017

Steve Randall
REP

Canada is one of four countries where loopholes in the law make it easy for corruption in the real estate markets according to a new report.

Transparency International analyzed Canada, along with the US, UK, and Australia; and found several weaknesses in regulations and laws which allow money laundering and other issues related to luxury property.

The study says that none of the four jurisdictions are meeting international monitoring obligations for anti-money laundering while only the UK requires professionals including real estate agents and lawyers to identify the beneficial owners of real estate as part of due diligence procedures.

That means that trusts and other legal entities can purchase real estate without an actual person being identified. Furthermore, foreign companies can purchase real estate without providing details of their real owners, except in Australia but even then, not in relation to money laundering.

There is also an over-reliance on financial institutions carrying out money laundering checks for real estate transactions. This varies across the four jurisdictions but can mean that cash purchases do not have the same level of monitoring.

Even where there are requirements on real estate professionals to conduct anti-money laundering checks, compliance and enforcement is often weak and Transparency International also found that none of the four jurisdictions has a “fit and proper” test for professionals working in real estate.

Transparency International Canada says that almost half of the 100 most expensive homes in Greater Vancouver are held by entities that hide their beneficial owners.

Copyright © 2017 Key Media Pty Ltd

Court Ruling Increases Risks to Realtors and their Clients

Monday, April 3rd, 2017

Deborah Upton
other

 

Based on a recent action by CRA and a BC Court decision, we need to make you aware of some important steps to take to protect yourself.

Here is an excerpt from a media release about the recent BC Court ruling:

“This ruling targets a weakness in Canadian laws that often leads foreign owners of real estate in cities such as Metro Vancouver and Toronto to claim they are “residents of Canada for tax purposes” when they are not.

The landmark B.C. decision requires notary public Tony Liu to pay his client more than $600,000 because Liu failed to adequately determine whether the Vancouver house his client was buying for $5.5 million had been owned by a tax resident of Canada.

As a result, the Canada Revenue Agency did not get paid, at the time of the sale, the 25 per cent capital gains tax it charges non-resident sellers of Canadian property on any profit they make on the sale.

So the CRA later demanded the buyer pay the $600,000 in tax. The buyer, in turn, successfully sued Liu, arguing Liu failed to discover the seller was not a tax resident of Canada.

The CRA considers people who don’t live in the country at least six months a year and don’t pay income taxes here to be foreign property investors and speculators and thus subject to capital gains taxes. 

As a result of this case we asked Richard Bell, Bell Alliance to provide his advice to us, as a firm that specializes in real estate conveyance. 

“As an absolute minimum make sure that the Residency box is checked off 100% of the time by the seller.

CRA has a mandate to go after these sellers, and if no withholding tax was collected, they have the ability to go after the buyer – which means Realtors  will also be on the buyer’s radar for a law suit. 

Bell is also seeing cases where the seller incorrectly checks off the Resident box, when they’re not a resident, which again, could come back on thermal estate  agent.

He says,  if our buyer agent is showing a vacant house, with a clearly non-resident seller, which is a common scenario, and the box is checked off as Resident, he said our agent needs to pass that along to the buyers lawyer or notary, and they will deal with it. 

He said the lawyers know less about the seller than we do, but they get the seller to sign a declaration form when they have good cause to do so and it protects them from this situation.

In this case the notary did not get the seller to sign a declaration that they were a Canadian Resident, the tax was not collected, CRA claimed the tax from the buyer and the law suit followed”.

What steps do we take now to protect ourselves:

  1. Always ensure the box declaring Canadian residency has been completed; as the buyer’s agent you have a duty to protect your client. 
    As the sellers agent you have a duty to ensure the Residency box is checked off on the contract.
    Our conveyance staff will be monitoring the Residency box on all Contracts of Purchase and Sale and if not checked off will report it to the Managing Broker for follow up.
  2. Always alert the Closing lawyer or notary if the home is unoccupied and the seller has declared themselves as a resident. Save that notice in your file as a reference if needed.

Australia victim of own success

Monday, April 3rd, 2017

As exports to China boom, spiralling debt threatens AAA rating

MICHAEL HEATH
The Vancouver Sun

Australia is close to seizing the global crown for the longest streak of economic growth thanks to a mixture of policy guile and outrageous fortune. But the nation is creaking under the weight of its own success.

While growth is being underpinned by population gains and resource exports to China, failure to spur productivity has meant stagnant living standards and electoral discontent; a property bubble fuelled by record-low interest rates has driven household debt to levels that threaten financial stability; and a timid government facing political gridlock could lose the nation’s prized AAA rating as early as May because of spiralling budget deficits.

Australia’s last recession — defined locally as two straight quarters of contraction — occurred in 1991 and was a devastating conclusion to eight years of reform designed to create an open, flexible and competitive economy. But it also proved cathartic, paving the way for a low-inflation, productivity-driven expansion.

As momentum started waning, China’s re-emergence as a preeminent global economic power sent demand for Australian resources skyrocketing, helping shield the nation from the worst of the global financial crisis. But the post-crisis return of the boom proved ephemeral, failing to boost government coffers and pushing the local currency higher, eroding competitiveness and driving another nail into the coffin of a fading manufacturing sector.

“There’s no country on Earth that’s derived more benefit from the rapid growth and industrialization of China over the last 30-odd years than Australia,” said Saul Eslake, an independent economist who’s covered Australia for over three decades. “After the end of the mining-investment boom, high immigration is helping us avoid a statistical recession, but it’s also contributing to other problems” like soaring property prices and household debt.

Outside postwar Japan, the modern economic growth record is held by the Netherlands, stretching from 1980 to 2008 and fuelled by the discovery of North Sea oil. Ian Harper, an economist who sits on the board of the Reserve Bank of Australia, says the nation’s two key drivers are best summed up by how it coped following the collapse of Lehman Brothers Inc. — the crisis that saw the Netherlands finally succumb to recession.

“We benefited from the Chinese stimulus, we benefited from the exchange rate being allowed to depreciate, we benefited from direct intervention in the financial markets, we benefited from government spending,” said Harper. “That’s good management and good luck.”

Australia also didn’t have a huge jobless spike — as in 1991 — that would’ve precipitated housing foreclosures and threatened the banks. “Had housing prices collapsed we would’ve been in much deeper doo-doo,” said Harper.

It was very different almost 30 years ago. Australia was a basket case, with Singapore Prime Minister Lee Kuan Yew warning it risked becoming “the poor white trash of Asia.”

A 17-year stretch of reform driven by Labor titans Bob Hawke and Paul Keating ensued. Starting with the currency’s free float in 1983, it included financial deregulation, tax reform, slashing tariffs, ending centralized wage fixing and creating a private pension system. When Labor lost office in 1996, Liberal leader John Howard took up the cudgels, making the RBA officially independent, returning the budget to surplus and liberalizing labour laws. The introduction of a goods and services tax in 2000 was the last major successful reform.

From then on, Howard would turn fiscally flippant as cash rained from the China-driven spike in commodity prices, allowing him to spend hard while keeping the budget in surplus.

The Labor government that succeeded Howard in late 2007 was widely hailed for its response to the global financial crisis a year later, steered by Treasury officials whose anti-crisis program was forged in the fires of 1991: get cash directly to households to spend and maintain confidence. Yet from that success, Labor would stumble on climate policy and then vacate the policy field altogether.

The current Liberal government has followed suit: avoiding tough decisions for fear of electoral backlash, then being pilloried for failing to tackle problems like a budget deficit that both sides have promised to fix since 2010. As a result, ratings agencies are now circling Australia’s top credit score ahead of the treasurer’s next budget in May.

The nation has seen five changes of prime minister since 2010 — compared with just three from 1983 to 2007 — raising questions about whether its politics can still produce reformist administrations. But this has happened before. Australia had five leaders between 1966 and 1972 after just three between 1941 and 1966. Simply put, following periods of dominant leadership, the system takes some time to rebalance.

In the economy, time is less forgiving. A record-low 1.5 per cent cash rate designed to steer Australia from mining investment back toward services is creating problems of its own. Sydney house prices have more than doubled since 2009 and Melbourne’s have also soared, sending private debt to a record-high 187 per cent of income. The RBA frets that anemic wage growth will force heavily indebted households to slash consumption, which could prove disastrous given their spending accounts for more than half of gross domestic product.

Australia’s banking regulator further tightened lending curbs Friday to try to cool investor demand for residential property that’s helped drive up prices. Under the new restrictions, home lenders will have to restrict interest-only loans to 30 per cent of total new residential mortgages, the Australian Prudential Regulation Authority said in a statement. Home values in Sydney rose at the fastest pace in 14 years last month, surging 18.4 per cent from a year earlier, according to data provider CoreLogic Inc.

While China’s demand for resources should keep Australia’s growth ticking over for many years yet, much of the spoils are going to overseas investors now that the mining boom’s investment phase is done. As iron ore prices surged from 2004 in response to Chinese steel demand, cash poured into new Western Australian mines and, together with associated industries, mining employed about 10 per cent of the workforce.

Australia has since become the developed world’s most dependent economy on China, which buys a third of its exports, compared with just two per cent back in 1991. But iron ore prices have more than halved since 2011, when the local dollar hit a post-float record of US$1.10. The Aussie would hover at or above parity with the greenback for the next two years.

The currency’s strength then saw off the car industry: two of the three manufacturers in 2013 said they were quitting Australia, with the last following suit the next year. While the currency would eventually retreat to the 70s, the damage had been done. Worse still, the trillion-dollar windfall from the boom had been spent, not saved, leaving no cash to plug yawning budget deficits or build much-needed infrastructure for an expanding population that would also support growth.

So while Australia’s ability to avoid recession is lauded, it’s also been argued it missed the cleansing fires of a slump to shake out areas of excess such as housing. Serious casualties of 2008 such as the U.S. and U.K. are now at or near full employment and growing robustly having cleared out their dead wood.

RBA’s Harper disagrees. Economists, at least since John Maynard Keynes, have been “raised on a steady diet of stabilization policy” because its alternative is “extremely destructive” due to the indiscriminate nature of recessions, he says.

“Central banks have published data — well look at Andy Haldane’s work at the Bank of England — just estimating the economic cost of downturns, particularly financial market collapses relative to the cost of intervention,” he said. “And you pretty soon see that this is a good bargain, being stabilized.”

There’s also debate on consecutive quarters of contraction as a definition of recession. Eslake says his preferred measure is whether unemployment has risen by 1.5 percentage points or more in 18 months or less. “It doesn’t really give any false signals,” he says of his measure, which occurred in Australia during the financial crisis.

In truth, Australia pretty much has a healthy starting point of 2.5 per cent expansion each year: about 1.5 per cent from population growth and one per cent from increased resource-export volumes due to the mining investment.

Australia’s then-Treasury Secretary Martin Parkinson highlighted the approaching growth record in a 2014 speech, when he put the Netherlands’ expansion at 26.5 years. That’s one year away from where Australia stands now. However, OECD data shows the Dutch grew from the fourth quarter of 1980 through the second quarter of 2008, or 27 3/4 years.

Eslake has crunched his own numbers and found that once OECD data is taken to two decimal points, the Netherlands had a technical recession in 2003 and so is already behind Australia. His analysis also has the Dutch tying with Austria, and includes Taiwan.

As for Australia’s recession risk, slumps have traditionally come from the RBA slamming on the brakes to try to rein in inflation — as before 1991 when interest rates hit 18 per cent. Given low wage growth and weak inflation, that seems less likely now.

Bob Gregory, a professor at Australian National University in Canberra who specializes in the labour market and has studied the economy for almost half a century, shares Eslake’s skepticism about two negative quarters to define recession. He instead focuses on full-time employment as a share of population, a measure which has been sliding markedly.

“What’s happening in Australia now is a long, drawn out, sort of slow recession,” said Gregory, who was on the RBA board from 1985 to 1995. “Nothing dramatic is happening, but each year it’s not quite so good as it was the year before.”

© 2017 Postmedia Network Inc

Licensees liable for not determingin seller?s non-resident status?

Monday, April 3rd, 2017

Oana Hyatt
other

On March 25, 2017, several local newspapers ran a story with the alarming headline, “House buyer beware: Landmark court ruling will shake real-estate industry.”1 The story referred to a February 10, 2017 BC Supreme Court judgment2 and left licensees wondering about this decision’s impact on their duties to ascertain the Canada residency status of sellers for the purposes of the Income Tax Act. Despite the heightened tone of the story, the court’s decision does not establish any new duties for licensees in this respect.

There is significant risk to buyers dealing with non-resident sellers due to the Income Tax Act.3 In some circumstances, the Act allows the Canada Revenue Agency (CRA) to recover from the buyers the non-resident withholding tax, which the non-resident sellers in this case should have paid, in the amount of $695,000. Where a buyer makes “reasonable inquiry” and has no reason to believe the seller is non-resident in Canada, the buyer might escape liability under the Act.

The issues in this case were: 1) whether the notary acting for the buyers had made “reasonable inquiry” as to the residence status of the seller, and 2) whether the notary had advised the buyers of their potential tax liability if the seller was not resident in Canada. Note that the case did not address the role or duties of the buyers’ agent in this situation. The evidence was that the buyers’ notary had inquired with the sellers’ law firm as to whether the sellers were Canadian residents at the time of purchase. The law firm had responded that they had no information on this topic, as they were only acting for a creditor of the sellers, who had obtained conduct of the sale of the property pursuant to a court order. The notary then took no further steps to ascertain the residence status of the sellers.

The court found that the notary had failed to make “reasonable inquiry” as to the residence status of the sellers, and had failed to advise the buyers about the potential tax liability. While the buyers are liable to the CRA for some $695,000, plus any applicable penalties and interest, there has been no determination at this stage of the case as to whether the buyers are entitled to recover the entire amount from the notary. It is possible that, at the next stage of the case, the notary might be able to reduce their liability by raising some defences, or pointing fingers at other persons involved in the transaction. The notary did attempt to add the buyers’ agent as a third party to the action for this purpose, but that application was refused by the court as it was brought forward too late in the litigation. The notary can still commence a separate action against the buyers’ agent, although it’s difficult to see how the buyers’ agent could be at fault in that case. The decision has been appealed by the notary.

As of March 30, 2017, the standard form Contract of Purchase and Sale (CPS) was amended to include the buyers’ declaration as to citizenship (as required, in respect of the BC 15 per cent foreign buyer tax). Licensees should not give advice to their clients on how to complete this declaration, nor on how to interpret any declaration made by the other party to the transaction. However, as a best practice, licensees should recommend that their clients seek legal or accounting advice with respect to tax issues. A reminder to this effect now also appears on the “Information About This Contract” sheet appended to the CPS.

The Real Estate Council of British Columbia advises that brokerages should also be aware of this matter—particularly where a CPS is assigned to a non-resident buyer and the profit is to be paid to the assignor before completion of the original deal.

1.

Todd, Douglas, “House buyer beware: Landmark B.C. court ruling will shake real-estate industry,” Vancouver Sun (March 25, 2017), online: http://vancouversun.com/news/local-news/house-buyer-beware-landmark-b-c-court-ruling-will-shake-real-estate-industry.

 

2.

Mao v. Liu, 2017 BCSC 226.

 

3.

Income Tax Act, R.S.C., 1985, c. 1, s. 116.

Copyright ©2017 BCREA