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Search Results for: karen davis real estate toronto

New Toronto land transfer tax

Except for some first-time buy­ers, levy is now a fact of life

By Kathy Flax­man – Globe and Mail

Like many peo­ple who were house-hunting as 2008 approached, Sher­ille Lay­ton and her hus­band, Edward, wanted to stay ahead of Toronto’s new land-transfer tax. They wound up sign­ing an agree­ment to buy a North Toronto home, closed the deal, and even moved in — all before Christmas.

Ms. Lay­ton was well aware that had they waited until Jan­u­ary to buy the house on Ersk­ine Avenue, and pushed the clos­ing date to Feb. 1 or after, they would have had to pay the new tax on top of a sell­ing price of more than $800,000, and the provin­cial land-transfer tax.

She fig­ures they saved a cool $13,000 thanks to the good timing.

That’s an awful lot of extra money,” she says.

Now that the tax is a real­ity — it came into effect on Feb. 1 — home buy­ers other than some first-time pur­chasers won’t be able to avoid it as the Lay­tons did.

But there are some things buy­ers should keep in mind when they are fig­ur­ing out their over­all financ­ing arrangements.

The new tax, which was passed by coun­cil in Octo­ber, gen­er­ated a lot of oppo­si­tion when Mayor David Miller intro­duced it last sum­mer. He argued that the addi­tional rev­enue was badly needed by the cash-strapped city to main­tain ser­vices and fund new projects.

But some groups — includ­ing the Toronto real estate indus­try — con­demned the tax.

The crit­ics said the tax would hurt the Toronto real estate mar­ket, and jeop­ar­dize the chances of many peo­ple — espe­cially first-time buy­ers — of own­ing a home.

Ms. Lay­ton calls the new mea­sure, “a crazy tax that doesn’t make any sense.

Buy­ers have spent ages sav­ing and have set aside their clos­ing costs and worked-out bud­gets. This tax throws quite a span­ner in the works,” she says. For some poten­tial own­ers, “the extra $4,000 or $5,000″ in tax may be just what puts own­ing a home out of reach, Ms. Lay­ton adds.

The mar­ket has been very busy so far this win­ter,” she says. “In Feb­ru­ary, we will start to see what the effect [of the new tax] will be.”

Under the new bylaw, buy­ers will pay 0.5% on the first $55,000 of their home’s value, 1% between $55,000 and $400,000, and 2% on any amount over $400,000.

There is one group that can avoid the tax, or at least a part of it: first-time buy­ers. They are eli­gi­ble for rebates of up to $3,725 on res­i­dences cost­ing up to $400,000. The pro­vi­sion cov­ers homes with one but no more than two self-contained units under one own­er­ship — a detached house, semi-detached single-family res­i­dence, town­house, row house, duplex or con­do­minium. That includes a home with a sec­ond suite, for instance, but not a triplex.

For a buyer whose bud­get leaves no room to manoeu­vre, some lend­ing insti­tu­tions will, for a lim­ited time, cover it — in the form of a loan — if the pur­chaser nego­ti­ates a mort­gage with them.

TD Canada Trust, for instance, will cover the tax to a max­i­mum of $15,000 if a cus­tomer agrees to a five– or seven-year fixed mort­gage. The offer, which is good until March 21, is meant to help con­sumers “make the pur­chase they had hoped to and not miss this home-buying oppor­tu­nity,” says Joan Dal Bianco, vice-president for real estate-secured prod­ucts for TD Finan­cial Group.

We decided not to make it specif­i­cally tied to the amount of the tax, but to give 1.5% in cash back to help the con­sumer meet the land-transfer tax increase [on top of the exist­ing Ontario land-transfer tax],” Ms. Dal Bianco explains. “If they hap­pen to have found the funds else­where, they can use the [new] funds for some other purpose.”

The Bank of Mon­treal will cover the tax for up to 1.5% of the mort­gage amount for reg­u­lar cus­tomers who take out a new fixed-rate, closed mort­gage with a min­i­mum five-year term.

The funds go to the lawyer and they can close their trans­ac­tion,” BMO mort­gage expert John Turner says. “If they sub­mit an offer to us before Feb. 29, because of our rate guar­anty pro­gram, the prop­erty does not have to close until 90 days after Feb. 29.”

But some tax experts urge con­sumers to make sure they under­stand the nature of these offers.

Bro­ker Paula Roberts of Mort­gage Intel­li­gence sees merit in them, with a pro­viso. “This type of prod­uct does help, and a num­ber of finan­cial insti­tu­tions are offer­ing them, but the cost of bor­row­ing the money will be built into the rate charged for the loan. In one case, the rate charged is about 40 basis points higher.

There are a lot of ways that peo­ple in the busi­ness are sug­gest­ing to get buy­ers into the mar­ket and this type of financ­ing is one,” she adds. “As a bro­ker, I can offer prod­ucts from a num­ber of finan­cial insti­tu­tions and I edu­cate the client, too. Hope­fully, con­sumers will sit down with some­one who knows some­thing about mort­gages and have all their options explained.”

Giles Osborne, Toronto-based man­ager of Parker Prins Seel Lebano, Char­tered Accoun­tants, stresses that “this type of prod­uct is not some­thing that is black or white, ‘Yes, it’s good, or no, it’s bad.’ If peo­ple need the funds, then the funds are avail­able. But what I think is impor­tant is that peo­ple under­stand the inter­est rate they are actu­ally pay­ing on the extra money on top of their mortgage.”

He also points out that the smaller the loan, the higher the inter­est rate.

The cus­tomer is actu­ally get­ting an unse­cured loan and the rates reflect the amount of the loan and the fact that that this is not like a mort­gage secured by the house itself,” he says.

Whether some­one should take advan­tage of prod­ucts like these really depends on what other sources of funds they have avail­able,” Mr. Osborne advises. “I under­stand the moti­va­tion of the client. On an expen­sive house, it’s a lot of cash to come up with. I would rec­om­mend that pur­chasers, if they are cred­it­wor­thy, who are nego­ti­at­ing their mort­gage, even in this instance, try to nego­ti­ate the inter­est rate. Try to reduce the extra basis points downward.”

How will the new tax impact the Toronto real estate mar­ket? Some of those in the busi­ness say that sales could be affected for a while, but, like the fed­eral goods and ser­vices tax, this tax will even­tu­ally be con­sid­ered a nor­mal thing.

I’m sure that in a mat­ter of months it will become a sad fact of life and will be absorbed by the equity in the trans­ac­tion,” says Karen Davis of Sut­ton Group-Bayview Realty Inc.

Dorothy Wong of ReMax Gold­en­way Realty Inc. doesn’t mince words: “The Toronto real estate mar­ket is so hot and so rich right now that those who wish to live in Toronto will pay the tax. Just like smok­ers who cry about cig­a­rette prices, they will pay to con­tinue their habit regard­less of all the tobacco tax increases and price increases,” she says.

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Con­tact the Jef­frey Team for more infor­ma­tion – 416−388−1960

A badge of honour for the house-proud

By Kathy Flax­man – Globe and Mail

On Sumach Street in the pic­turesque Cab­bage­town enclave of Don Vale, the home of Rollo Myers and Linda Schultz is a feast for the eyes, with its lav­ish gin­ger­bread trim and care­fully pre­served brickwork.

The house is among Toronto’s envi­able stock of her­itage prop­er­ties, some of them offi­cially des­ig­nated as such and oth­ers sim­ply listed as archi­tec­turally or his­tor­i­cally sig­nif­i­cant. It is esti­mated that there are more than 8,000 struc­tures in the two cat­e­gories, includ­ing pri­vate homes, com­mer­cial build­ings and land­marks such as Old City Hall.

Search­ing out these prop­er­ties and going through the heritage-designation process is highly reward­ing for some. Mr. Myers, for instance, has done it sev­eral times, and his expe­ri­ences even­tu­ally prompted him to take a per­ma­nent job in the build­ing preser­va­tion field. But for any­one who gains her­itage sta­tus for their home, there are seri­ous restric­tions on what you can do to them. And a des­ig­na­tion or list­ing may reduce the pool of poten­tial buy­ers when it comes time to sell.

If a prop­erty is des­ig­nated, it has a legal sta­tus that is part of the title. Sim­ply list­ing a house does not carry quite the same legal impli­ca­tions. In both cases, how­ever, should the owner wish to make alter­ations, the build­ing per­mit appli­ca­tion will be flagged and then reviewed by the city’s preser­va­tion staff. Ren­o­va­tions or changes must be appro­pri­ate to a property’s char­ac­ter, and demo­li­tions are almost never allowed.

Cather­ine Nasmith, pres­i­dent of the Archi­tec­tural Con­ser­vancy of Ontario, is a lawyer who spe­cial­izes in her­itage prop­er­ties. She takes on a num­ber of unpaid and time-consuming roles to ensure that the city’s her­itage build­ings do not wind up as a pile of rub­ble in a landfill.

A city can’t be treated as dis­pos­able,” Ms. Nasmith stresses. “There seems to be a notion that we have the right to demol­ish. But build­ings should not be treated as garbage. Peo­ple should keep in mind that a 20-foot [wide] build­ing two or three sto­ries high in a land­fill is the equiv­a­lent of three mil­lion pop cans!”

The process of get­ting a house des­ig­nated is ini­ti­ated by the owner, or per­haps a mem­ber of the his­tor­i­cal soci­ety or the city’s preser­va­tion staff. Grant money is often avail­able for ren­o­va­tions once a home is given that sta­tus, a strong moti­vat­ing fac­tor for many own­ers to start the des­ig­na­tion process. Although there is no money in Toronto’s cof­fers for these grants at the moment, new money will be avail­able in 2008. (Houses that are only listed as archi­tec­turally sig­nif­i­cant are not eli­gi­ble for grants.)

Mr. Myers’s expe­ri­ences as an owner of his­tor­i­cally impor­tant prop­er­ties seem to indi­cate the process can be addic­tive. When he bought a house on Amelia Street in the 1960s, had it des­ig­nated as a her­itage prop­erty and then ren­o­vated it, he became fas­ci­nated with its archi­tec­ture and design details. Other homes fol­lowed, cul­mi­nat­ing in he and his wife’s cur­rent showpiece.

His inter­est led him to take a job with the Archi­tec­tural Con­ser­vancy of Ontario, where he is cur­rently man­ager of its cen­tral office.

I didn’t pur­posely set out to restore her­itage homes,” he says. “I just had an amaz­ing old house to work on. I then bought another home — a big­ger, mas­sive project. I saw what oth­ers were doing and I got advice on his­tor­i­cal buildings.

Old build­ings can look dirty and unap­peal­ing, but once you begin to take away the grime and restore some of the beau­ti­ful fea­tures, the value of the work becomes clear. I did a lot of the work on my prop­er­ties myself and I didn’t restore things to museum-like state, but I enjoyed delight­ing myself and my neigh­bours. I just wanted to do a nice job.”

While many agree that a her­itage des­ig­na­tion or list­ing make a prop­erty more valu­able, some say these homes may be harder to sell.

Being his­tor­i­cally des­ig­nated adds value to a prop­erty,” Mar­lene Aus­pitz of Royal LeP­age Real Estate Ser­vices Ltd. says.

Peo­ple, at least in down­town Toronto where my part­ner Shan­too Patel and I work, are proud of a her­itage des­ig­na­tion,” Ms. Aus­pitz says. “It con­tributes to the bet­ter­ment of a neigh­bour­hood as well, espe­cially if there are a num­ber of sur­round­ing houses with a his­tor­i­cal label. More care is taken in restora­tions, and own­ers do not fear that some­one will ren­o­vate or build a monstrosity.”

Ms. Nasmith con­curs: “Her­itage des­ig­na­tion increases prop­erty val­ues, sta­bi­lizes com­mu­ni­ties and ensures peo­ple make only pos­i­tive changes.”

Not every­one totally agrees. Karen Davis, an agent with Sut­ton Group-Bayview Realty Inc., says: “His­tor­i­cal des­ig­na­tion can detract from the value of a prop­erty as there are usu­ally many restric­tions on what you can do to ren­o­vate the prop­erty. You must be will­ing to get preap­proval from the gov­ern­ing body for your home-improvement plans. Usu­ally the best buyer for these homes is some­one who wants to keep the orig­i­nal char­ac­ter intact. It does limit the num­ber of appro­pri­ate buyers.”

But for peo­ple such as Mr. Myers, pro­tect­ing her­itage prop­er­ties is a labour of love, and in his case, a call­ing. These days, he is not only cham­pi­oning Cab­bage­town homes, but Old Fort York and Toronto’s Old Town (home of the first par­lia­ment build­ings), to name just two of his causes.

And he’s passed this love on to his daugh­ter, Amelia, who with her hus­band, Matt Cheval, is ren­o­vat­ing an 1894 cot­tage blocks away from the Cathe­dral Church of St. James on Morse Street.

This prop­erty was once a boys’ shel­ter,” Mr. Cheval notes. “Because I have a design/build busi­ness, we can take on a project like this.

Both Amelia and I grew up in places that were old, needed fix­ing up and had a char­ac­ter you won’t find in any sub­ur­ban new home.”Mr. Patel adds: “It is my feel­ing that her­itage– or historical-designated prop­er­ties act like a lamp post shed­ding light to many, and remind­ing us of what the pio­neers and the peo­ple who came after the pio­neers had gone through, whether hard­ships or opu­lence. These des­ig­na­tions cre­ate a good base of appre­ci­a­tion and pride.”

Her­itage websites

The inter­net is an excel­lent place to inves­ti­gate what’s involved in buy­ing, own­ing or ogling a her­itage prop­erty. Some good web­sites include:

www​.toronto​.ca/​h​e​r​i​t​a​g​e​-​p​r​e​s​e​r​v​a​t​ion (city of Toronto her­itage preser­va­tion services)

www​.cul​ture​.gov​.on​.ca/ (Ontario Min­istry of Culture)

www​.cab​bage​townpa​.ca (Cab­bage­town Preser­va­tion Association)

www​.arcon​serv​.ca/​p​r​e​s​e​r​v​a​t​i​o​n​_​w​o​rks (The Archi­tec­tural Con­ser­vancy of Ontario)

www​.builther​ita​ge​news​.ca (Built Her­itage News, pub­lished by Cather­ine Nasmith Architect)

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Con­tact the Jef­frey Team for more infor­ma­tion – 416−388−1960