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Tag Archives: mls

Competition Bureau loses online-listings case against Toronto Real Estate Board

Tara Perkins – The Globe and Mail

The Competition Bureau has lost a high-profile attempt to force the Toronto Real Estate Board to make it easier for web-based real estate brokerages to compete, a case that was being closely watched across the country.

Comment: No, it was an attempt to make us share our database – the one we created, the one we paid for – with everyone. For free. It was a simple case, it was decided correctly.

The Bureau said late Monday that its case has been dismissed. A spokesman said that an appeal is possible.

Comment: Yes, because certain people will not rest until they destroy the real estate industry.

The case, which had been years in the making, came after the Bureau accused the nation’s largest real estate board, which represents about 35,000 agents, of anti-competitive practices. It alleged that the board was unfairly keeping data about home sales away from online services that threaten to compete with real estate agents and potentially eat into their commissions.

Comment: Yes, we were in trouble for keeping our own database of sales, sales by our members. Go to your local car dealership and ask them for Ford’s sales data for the past couple of years. In fact, demand it. Then sue them for it. That is exactly what was happening to us. Try forcing that same dealer to let you sell your car – on their lot. Same thing. We were supposed to let just anyone sell whatever they wanted on OUR system. It is ours, we built it, end of story. You want in, then hire a realtor. Or sneak in the back way with Property Guys or something other discount brokerage.

The matter was heard by the Competition Tribunal last fall, and the decision had been pending since then.

The Tribunal’s brief order, released to parties involved in the case on Monday,suggests that the Bureau filed under the wrong section of the Competition Act, and that a case argued under a different section of the Act (under which less extensive remedies would be allowed) could have been more successful.

Comment: As I said, people will not rest until I am out of a job. Thanks!

“This was a classic case of a legal technicality where nothing gets resolved,” said Lawrence Dale, head of real estate business at Zoocasa. “The Tribunal said the case was filed under the wrong section and has now steered the Bureau to re-file under the correct section. Once these technicalities are addressed, the fundamental issues still remain to be determined. How long that takes to get resolved is anyone’s guess.”

Comment: Hopefully we get the same decision ever faster this time.

For its part the Toronto Real Estate Board had argued that it was upholding privacy laws and protecting the personal information of home buyers and sellers.

Comment: Which was stupid. To be honest, I don’t know a single client of mine who would want all of their information out there for anyone to access. People’s names, what they paid for properties, when they bought, you name it. People do not want to share that information. But at the end of the day, it still comes down to it being our system. We built it, we own it. If you want on the Property Guys website, you have to pay them. If you want on MLS, you have a pay a real estate agent. I do not see how this is a hard concept to grasp. Mr. Dale is still mad over losing a lawsuit 10 years ago for misusing trademarks that were not his. Since then he has made it his life’s crusade to destroy real estate as we know it. If he succeeds, some 35,000 people will lose their jobs. Why is no one talking about that?

The case could have implications for real estate boards across the country, and the Tribunal’s decision comes at a time when home sales are now in a slump. Following a lengthy investigation the Bureau had filed its case in 2011, a year in which more than $40 billion worth of properties changed hands in the Greater Toronto Area via the Multiple Listing Service, earning the city’s real estate agents an estimated $2.2 billion. The Bureau had noted that the top five agencies earned more than 70% of the commissions in recent years, with two alone – Re/Max and Royal LePage – responsible for more than 40% of them.

Comment: How do you figure there was 5.5% paid out in commission? I rarely see 5% anymore, usually it is more like 3.5%. I think the real figure is more like $1.4-1.6 billion. Nice exaggeration, as usual.

The bureau argued that the real estate board, which operates the Toronto Multiple Listing Service system, had a stranglehold on the most accurate and up-to-date data about home sales and that rules restricting how real estate agents provide that information – including previous listings and previous sales prices – were anti-competitive because they deny agents the ability to set up new online services such as virtual office websites (VOWs). VOWs are password-protected sites on which consumers can search data on listings.

Comment: Yes, we have a great database of sales information compiled by our members working with their clients. We have no data on sales outside of MLS, that data belongs to others. Again, we created the data, we have no obligation to share it with those not willing to hire a realtor.

Rokham Fard, co-founder of TheRedPin.com, said that if the Bureau had won the case his firm would have been able to put data about what homes have sold for in the past online. Right now consumers can request it from an agent in person, or by email, fax or phone, but cannot look it up themselves on the web.

Comment: And hopefully it stays that way forever. Even those fighting to open this all up, I doubt they want all of their personal information out there… And it certainly sets a terrible precedent for any organization or company that has compiled proprietary data through the course of their business. Courts could suddenly rule that this information, their property, was suddenly public domain. That would be a tragedy of epic proportions.

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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.

—————————————————————————————————–

As housing market slows, industry scrambles to paint positive picture

Garry Marr – Finan­cial Post

Orga­nized real estate is unable, it seems, to admit the glory days may be behind it.

Sales plum­met in major mar­kets and the indus­try comes up with a new expla­na­tion for the decline, drap­ing its com­ments with a sense that every­thing is just fine. The excuses are pil­ing up.

This month’s gem comes from the Toronto Real Estate Board: It com­plained Sep­tem­ber didn’t have enough work­ing days — too many weekends.

I always thought peo­ple bought homes on week­ends, but it seems the trans­ac­tions are reg­is­tered dur­ing the week.

The num­ber of trans­ac­tions was down 21% in com­par­i­son to Sep­tem­ber 2011,” said TREB in a release. “How­ever, it is impor­tant to note that there were two fewer work­ing days in Sep­tem­ber 2012.”

This logic has pro­duced a new mea­sure from TREB: Sales were down only 12.5% — not the actual 21% — from a year ago on a “working-day basis.”

Com­ment: And yet they also pointed out that Octo­ber sales were down 7.1% or 15.6% on a work­ing day basis. Make sure to include both the good and the bad, thank you. The main point is, though, that sales dropped 12.5% in Sep­tem­ber and only 7.1% in Octo­ber. The slow­down is slow­ing down – which you also fail to men­tion. Surprise.

This will only make the con­spir­a­to­ri­ally minded angrier — most of them con­vinced that the so-called bench­mark indices pro­duced by orga­nized real estate are cov­er­ing up a major decline.

Com­ment: Then go to http://​www​.toron​to​re​alestate​board​.com/​m​a​r​k​e​t​_​n​e​w​s​/​r​e​l​e​a​s​e​_​m​a​r​k​e​t​_​u​p​d​a​t​e​s​/​n​e​w​s​.​htm and read all the stats for your­self and make up your own mind. I sug­gest that if you do you will won­der what the press has been say­ing, as the stats don’t sup­port the doom and gloom we have been hear­ing for so long.

Vancouver’s real estate board likes to tout what it calls the MLS HPI (home price index) com­pos­ite bench­mark price for all res­i­den­tial prop­er­ties. It was down 0.8% to $606,100 in Sep­tem­ber from a year ago and off 2.3% over the past three months.

Doesn’t sound too bad. But when you pull out actual sales data, you find year-over-year prices in August in Canada’s most expen­sive hous­ing mar­ket were off 6.9%. For the first two-thirds of the year, prices fell 7.3%. The decline is hap­pen­ing; it’s the sever­ity that seems to be under dispute.

Com­ment: So what, that is Van­cou­ver. What does that have to with real estate in Toronto?

The indus­try will tell you the bench­mark is a more real­is­tic mea­sure because it is not skewed by, say, a sud­den swing in sales in one seg­ment of the market.

Com­ment: Which is true. One big house in a neigh­bour­hood can mess with the num­bers, every­one knows that.

The HPI takes into con­sid­er­a­tion what aver­ages and medi­ans do not — items such as lot size, age, num­ber of rooms, etc. These fea­tures become the com­pos­ite of the ‘typ­i­cal house’ in a given area,” says Vancouver’s board on its website.

Com­ment: And again, leav­ing out the info that does not help sup­port the pre-conceived notion. We use the HPI here in Toronto as well. Yet it shows a price increase of 5.1% com­pared to the actual sales data that shows 6.2%. But we don’t want to men­tion that, do we?

David Madani, an econ­o­mist at Cap­i­tal Eco­nom­ics, chuck­les at some of the lan­guage used in real estate circles.

It’s a bit lame,” says the noto­ri­ous bear on the hous­ing mar­ket. “The answer is to ignore what they are say­ing. Sales are plum­met­ing in Toronto and Van­cou­ver. I say get used to this because this is going to go on for a cou­ple of years. Our view is a 25% price decline.”

Com­ment: Funny, they have been call­ing for this 25% decline for a year now – but price are up 6.2% in Octo­ber. So we need a 31% turn­around in the last 2 months of the year? Right…

The nor­mal course in any cycle is for sales to cor­rect first and then for prices to fol­low, he adds. “There is a time lag, that’s what hap­pened in the United States. There’s a time lag as sell­ers hold on, refus­ing to drop their ask­ing price, even­tu­ally they acknowl­edge the mar­ket has shifted under them.”

Com­ment: But the sales lag is a direct result of the new mort­gage rules. And since they came out in July prices have risen from $479,095 in August to $503,479 in Octo­ber. Yeah, those prices sure are falling!

Real estate’s other com­plaint these days is that Ottawa’s mort­gage rules, intro­duced July 9, sav­aged the mar­ket. One of the main changes was the drop­ping of amor­ti­za­tion lengths from 30 years to 25 years, which has the impact of hand­ing the con­sumer a larger monthly payment.

Vince Gae­tano, a prin­ci­pal at mon​ster​mort​gage​.ca says a tight­en­ing of lend­ing require­ments which affected the self-employed might be the big­ger fac­tor. But still, he won­ders whether the hous­ing mar­ket just needs a break.

I think the mar­ket is tired,” says Mr. Gae­tano, adding the impact of amor­ti­za­tion changes is prob­a­bly cumu­la­tive. The max­i­mum amor­ti­za­tion length for a government-backed insured mort­gage has declined from 40 years in 2008.

Every five-year drop rep­re­sented a 1% inter­est rate hike in cash flow,” says Mr. Gae­tano. “All of [the rule changes] have lay­ered on top of each other. It’s a cash flow crunch. I think the real­ity is real estate is slow­ing down.”

Com­ment: We will see. August was the 1st month with the new mort­gage rules and sales were down 12.5%, Sep­tem­ber sales were also down 12.5% but Octo­ber sales were only down 7.1%. I am curi­ous to see what November’s num­bers are. My point is, sales are ris­ing again as peo­ple get used to the new mort­gage rules.

Even Phil Soper, chief exec­u­tive of Royal LeP­age Real Estate Ser­vices Inc., is feel­ing the heat to pro­mote real estate after his company’s release yes­ter­day sug­gested a decline is to be expected after a long expan­sion. “I got a hate email from some­one in the indus­try say­ing ‘how could you talk about neg­a­tive things in the hous­ing indus­try.’ Well it’s a cycli­cal indus­try,” says Mr. Soper.

It’s not like his release didn’t have any pos­i­tive spin: “The dream of home own­er­ship is very much alive among young Cana­di­ans,” the CEO said in his release.

Maybe that’s not good enough. Per­haps no U.S. style hous­ing night­mare is com­ing but the dream of home own­er­ship is fad­ing for some Canadians.

Com­ment: And who are they? What a hor­rid line to end with…

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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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  • Toronto Real Estate Neighbourhoods

    Toronto is often called “the city of neigh­bour­hoods” because of the strength and vital­ity of its many com­mu­ni­ties. The city has upwards of 240 dis­tinct neigh­bour­hoods within its bound­aries. Before 1998, Toronto was a much smaller munic­i­pal­ity and formed part of Met­ro­pol­i­tan Toronto. When the city amal­ga­mated that year, Toronto grew to encom­pass the for­mer munic­i­pal­i­ties of York, East York, North York, Eto­bi­coke, and Scar­bor­ough. Each of these for­mer munic­i­pal­i­ties still main­tains, to a cer­tain degree, its own dis­tinct iden­tity, and the names of these munic­i­pal­i­ties are still used by their res­i­dents. The area known as Toronto before the amal­ga­ma­tion is some­times called the “old” City of Toronto, “Toronto proper”, the Cen­tral Dis­trict or sim­ply “Downtown”.

    The “for­mer” City of Toronto is, by far, the most pop­u­lous and dense part of the city. It is also the busi­ness and admin­is­tra­tive cen­tre of the city. The uniquely Toron­ton­ian bay-and-gable hous­ing style is com­mon through­out the for­mer city.

    The Old Toronto refers to the City of Toronto and its bound­aries from 1967 to 1997. It is some­times referred to as the “South” or “Cen­tral” dis­trict, and includes the “down­town core”. Some of these names such as “The Fash­ion Dis­trict” are (or were) used as mar­ket­ing for the areas or by BIAs; this area is actu­ally called “King-Spadina” by locals. Another exam­ple is the “Old Town of York”, known also as “King and Parliament”.

    The “inner ring” sub­urbs of York and East York are older, pre­dom­i­nantly middle-income areas, and eth­ni­cally diverse. Much of the hous­ing stock in these areas con­sists of old pre-war single-family houses and post-war high-rises. Many of the neigh­bour­hoods in these areas were built up as street­car sub­urbs and con­tain many dense and mixed-use streets. Mostly they share many char­ac­ter­is­tics with sec­tions of the “old” city, out­side of the down­town core.

    East Toronto, Ontario (Incor­po­rated 1888, annexed by Toronto in 1908) was an incor­po­rated com­mu­nity in what is today a part of the city of Toronto, Canada. It cov­ered much of what is today the Upper Beaches neigh­bour­hood, stretch­ing up to Dan­forth Avenue in the north. The cen­tral street in the com­mu­nity was Main Street, run­ning south from Dan­forth to Kingston Road. The main com­mer­cial cen­tre of the town was located at the inter­sec­tion of Main and Lake View (now Main and Ger­rard). As Toronto’s true main street was named Yonge, the name Main Street was main­tained even after amal­ga­ma­tion with the city of Toronto. This explains why Toronto’s “Main Street” is far from the city centre.

    East York, located north of Dan­forth Avenue between the Don River and Vic­to­ria Park Avenue, devel­oped con­tem­po­ra­ne­ously with the West End of the old City of Toronto, and is sim­i­lar in form and char­ac­ter. It is cur­rently admin­is­tered as part of old Toronto. How­ever, until 1997, it was an autonomous urban borough.

    The “outer ring” sub­urbs of Eto­bi­coke, Scar­bor­ough, and North York are much more sub­ur­ban in nature (although these bor­oughs are devel­op­ing urban cen­tres of their own, such as North York Cen­tre around Mel Last­man Square).

    For admin­is­tra­tive pur­poses, the City of Toronto divides the city into 140 neigh­bour­hoods. These divi­sions are used for inter­nal plan­ning pur­poses. The bound­aries and names often do not con­form to the usage of the gen­eral pop­u­la­tion or des­ig­nated busi­ness improve­ment areas. A num­ber of neigh­bour­hood maps of Toronto do exist, some pro­duced by real estate firms and some by inter­net por­tals. A project to map the neigh­bour­hoods accord­ing to the com­mon usage of the res­i­dents was done by the Toronto Star news­pa­per. Based on feed­back from Star read­ers, it has pro­duced the most com­pre­hen­sive, albeit infor­mal, Toronto neigh­bour­hood map.

    After the update of Toronto Mul­ti­ple list­ing ser­vice (MLS) on July 5, 2011, the Toronto Real Estate Board (TREB) intro­duced a new search­ing mech­a­nism for the Toronto MLS, used by real estate agents oper­at­ing in the region. MLS searches can now be refined at three lev­els and MLS users can search houses by area, then by munic­i­pal­ity, and then by neigh­bour­hood or com­mu­nity. It uses Bing Maps. This was the first change of this mag­ni­tude in about 50 years of Toronto MLS his­tory. Even if many are upset by the name of the area they live in!

    The change was designed to elim­i­nate the obso­lete cod­ing sys­tems whereby Greater Toronto was divided into 86 arti­fi­cial dis­tricts denom­i­nated by alphanu­meric codes. Due to the grow­ing pop­u­la­tion in the city and the increas­ing dif­fi­culty of brows­ing the code-based sys­tem, TREB made this rad­i­cal change which is intended to sim­plify the use of MLS for real estate agents as well as home buy­ers.

    Because Toronto is an enor­mous munic­i­pal­ity of its own, the core city area will con­tinue to be split into coded dis­tricts, although each of the dis­tricts will in turn con­tain neigh­bour­hoods. Hence, the City will be eas­ily search­able as well.

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