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Category Archives: Legal Real Estate Issues

Toronto Real Estate Board Responds

TREB Letter in response to March 18 National Post Editorial Board Piece and March 14 Matt Gurney Article “Paranoid real estate Board should join 21st century

On March 14, 2012, the Toronto Real Estate Board released the results of an Angus Reid Vision Critical poll. The vast majority of Ontarians clearly expressed their opposition to abandoning the privacy safeguards of the current MLS System. To build awareness of the consequences of the Competition Bureau’s actions, TREB launched the website www.ProtectYourPrivacy.ca

Consumers have not given their consent for their sensitive personal information to be made publicly available on the Internet as the Bureau is demanding. This would be in breach of federal privacy legislation and would compromise the safety of the information and consumers.

This sensitive private information includes seller’s name coupled with their address, negotiated sale price, sensitive property access information, financial information (including mortgage details), property floor plans, etc. When asked about the consequences of the Competition Bureau’s actions in an Angus Reid poll, 75% of Ontarians believe that personal information such as name and final sale price should be kept confidential by Realtor professionals. Moreover, 70% of homeowners do not want their personal information released to the public. The results are overwhelming. That is why TREB and Realtor Members are fighting for the privacy rights of consumers.

Realtors subscribe to a Code of Ethics and have an obligation to protect the personal information of consumers who choose to work with them. TREB supports competition and believes in consumer choice when they buy or sell a house. Our Realtor Members offer services which provide value to consumers who choose to do business with a Realtor.

In a wide ranging interview with the Globe and Mail, during which a number of privacy issues were discussed, the Globe reporter asked TREB whether break-ins and assaults were a possibility if sensitive personal information is made readily available on the Internet. TREB acknowledged that the possibility exists. One cannot ignore the reality of mortgage fraud, identity theft and a host of other safety issues. TREB is not trying to exaggerate the consequences of a breach of consumers’ privacy but merely explaining the issue to consumers who have already spoken by way of the Angus Reid poll that they do not want their personal information openly available on the Internet.

We agree with the National Post that the Bureau’s action is heavy handed and unnecessary. TREB is not opposed to providing consumers with more information. In fact, the Toronto Real Estate Board has taken steps by way of a Virtual Office Website (VOW) policy which provides our 34,000 Members an excellent product to enhance the portfolio of services they offer consumers in a safe and responsible way. A VOW service allows Realtors to offer consumers a password-protected website displaying MLS listing data with the benefit of a Realtor Member’s knowledge and accountability, without compromising MLS accuracy or consumers’ privacy rights.

Realtor clients would have the ability to access information fields of much richer substance than that seen on www.realtor.ca

However, contrary to demands by the Competition Commissioner for TREB to release private data about individual consumers openly on the Internet, TREB remains committed to its belief that doing so would violate consumer privacy laws, reduce the quality of the system, and diminish protection for consumers.

Comment: Everyone also seems to forget that we created the system, paid for it. We are not asking for access to any of the many many private sale websites out there. This is like trying to get the government to force car dealers to let anyone sell their private car on their lots. While publishing the home addresses and phone numbers of all the staff. It just isn’t fair.

If Commissioner Aitken gets her way, Ontarians won’t. Privacy matters. TREB is standing up for GTA consumers.

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

Laurin & Natalie Jeffrey are Toronto Realtors with Century 21 Regal Realty.
They did not write these articles, they just reproduce them here for people
who are interested in Toronto real estate. They do not work for any builders.

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  • Fighting For Your Right To Privacy

    Richard Sil­ver – Toronto Sun

    As you may have heard, the Com­pe­ti­tion Bureau is tak­ing action that would force the Toronto Real Estate Board to aban­don the safe­guards in the MLS Sys­tem and make per­sonal infor­ma­tion freely avail­able on the Inter­net, such as per­sonal finan­cial infor­ma­tion includ­ing mort­gage details and much more.

    Some infor­ma­tion on MLS is pub­licly avail­able through www​.real​tor​.ca. How­ever, TREB safe­guards pri­vate and per­sonal infor­ma­tion. Real­tors have always been guided by an oblig­a­tion to pro­tect con­sumers’ per­sonal information.

    That’s why TREB and Real­tor Mem­bers are fight­ing for the pri­vacy rights of con­sumers! We’ve launched a cam­paign to stand up for GTA con­sumers to pro­tect their privacy.

    TREB under­stands that the busi­ness envi­ron­ment is chang­ing. In response, TREB devel­oped a VOW ser­vice to allow Real­tors to offer con­sumers a secure password-protected web­site dis­play­ing MLS list­ing data, with the ben­e­fit of a Real­tor Member’s knowl­edge and account­abil­ity, with­out com­pro­mis­ing MLS accu­racy or con­sumers’ pri­vacy rights.

    TREB recently com­mis­sioned a poll of Ontar­i­ans by Angus Reid Crit­i­cal Vision to see what Ontar­i­ans think about aban­don­ing the pri­vacy safe­guards of MLS. I’d like to share the results with you.

    Not sur­pris­ingly, Ontar­i­ans are concerned.

    * 75% of Ontar­i­ans believe that per­sonal infor­ma­tion such as name and final sale price should be kept con­fi­den­tial by Real­tor pro­fes­sion­als. Com­mis­sioner Aitken wants to release this information.

    * 70% of home­own­ers do not want their per­sonal con­tact infor­ma­tion released to the pub­lic. Com­mis­sioner Aitken wants to release this information.

    * 67% of Ontar­i­ans oppose any mea­sure to make per­sonal con­tact infor­ma­tion such as name and address avail­able to oth­ers who are not sub­ject to a pro­fes­sional code of con­duct. Com­mis­sioner Aitken wants to release this information.

    TREB has launched a new web­site to draw atten­tion and clar­ify for con­sumers as to what could hap­pen if Com­mis­sioner Aitken gets her way.

    To learn more, become involved, and stay informed on this issue visit www​.Pro​tec​tY​our​Pri​vacy​.ca

    Through­out the cam­paign, lead­ing up to the Com­pe­ti­tion Tri­bunal pro­ceed­ings this fall, TREB will be updat­ing the con­sumer on a reg­u­lar basis, so check back with the web­site for up-to-date information.

    The stakes are high; Ontar­i­ans have over­whelm­ing said they want their pri­vacy pro­tected. TREB has always strongly believed that Real­tors have an oblig­a­tion to pro­tect con­sumers’ per­sonal infor­ma­tion. That’s why we’re fight­ing the Com­pe­ti­tion Bureau.

    If Com­mis­sioner Aitken gets her way, Ontar­i­ans won’t. Pri­vacy mat­ters. That’s why TREB is stand­ing up for GTA consumers.

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

    Lau­rin & Natalie Jef­frey are Toronto Real­tors with Cen­tury 21 Regal Realty.
    They did not write these arti­cles, they just repro­duce them here for peo­ple
    who are inter­ested in Toronto real estate. They do not work for any builders.

    —————————————————————————————————–

    $1 real estate listings are legal, but they often don’t work

    By Mark Weisleder – Toronto Star Moneyville

    One of the most widely read Moneyville stories in the past month is the one about the Oakville home that was listed for $1.

    The house was originally listed for more than $1 million. However, when no offers were received, the price was reduced to $1 in the hopes of creating a bidding war. Instead, the ruse generated accusations of false advertising. While a few offers did come in, they were nowhere near what the sellers wanted, so the property was taken off the market.

    Readers were angry and confused. Although few really believed the house was for sale for $1, they wondered whether this gimmick was legal and, more importantly, did it actually work? It is legal, but the tactic generally doesn’t work because everyone sees through it.

    Comment: It is not that people see through it, it is pretty transparent. Obviously the sellers want more than a dollar for their house. The problem is that people have no baseline to work with. Generally we talk about how much over asking a house goes for – $50,000 or 12% or more. But when the sellers want 1,000,000% more than asking, it is too confusing. When a house is listed at $500,000 with bids, then we know that 5 buyers will push the price up to $550,000 or more. But they all have the $500,000 baseline to start with. With $1 listings, there is no baseline.

    The $1 listing started appearing about five years ago. In the beginning, it was about getting the property noticed or creating a buzz. In reality, it was more about creating a buzz about the real estate agent, who received lots of media exposure. But it didn’t help sell the house. In fact, many agents have told me they and their buyers have not treated these $1 listings seriously in most cases.

    Comment: I don’t. How do I explain to my buyer what it is worth or what the sellers are actually looking for?

    When it comes to the law, real estate deals have to be in writing and signed by the seller and the buyer. Just offering to sell a home on the MLS system does not obligate the seller to accept any offer that is presented.

    That is why if a house is listed for $500,000 and you offer $500,000, the seller doesn’t have to accept it. The financial terms may not be acceptable, the seller may have realized later that they had priced the property incorrectly. Or, perhaps the seller suffered a change in circumstances, such as losing their job, and could no longer afford to go through with the deal.

    But this does demonstrate the importance of properly pricing your property to attract the largest number of potential buyers. Do not try to “test the market” by advertising a price that is 10 to 20% above fair market value. You will only succeed in helping sellers who are selling in your area for fair market value, as they will be able to compare their home to yours. Later, as you start to reduce your price, people will wonder whether the reduction is because something is wrong with your home that is not being disclosed.

    Comment: The same thing I always tell my sellers. Asking too much will only hurt you in the long run. Price it accurately and it will sell. Ask too much and it sits… and sits… And has to be relisted, or drop the price – which makes you look bad to buyers. They think you are in a predicament that you are not. And when you will not fire sale it, then they think you are a jerk. There is no good outcome to overpricing a house.

    Also do not price your home more than 7 to 10% below fair market value, hoping to trigger a bidding war. Buyers and buyer agents are more sophisticated now about pricing and can recognize this tactic, as well. In a way, it is not much different than the $1 listing strategy.

    Comment: Sure, they recognize it, but they know the game and many are willing to play. But too low and they will not bid the price high enough.

    If you want to price your home to sell, first do the proper home staging to make it appeal to the widest number of potential buyers. Then, after obtaining opinions as to what your home should sell for, price it at a range between fair market value to, at most, 5% below fair market value.

    By being more open and honest about the price you will accept, you will attract the most serious buyers who are ready to purchase a home.

    Comment: Amen.

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

    Laurin & Natalie Jeffrey are Toronto Realtors with Century 21 Regal Realty.
    They did not write these articles, they just reproduce them here for people
    who are interested in Toronto real estate. They do not work for any builders.

    ———————————————————————————————————————

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