Wednesday, June 30, 2010
Fighting the HST in Toronto Real Estate
Tuesday, June 29, 2010
Canada -- a great place to retire!
Canada Day is our annual opportunity to proudly celebrate Canada’s history and heritage and our achievements as a nation. On that happy holiday, many of us will likely pause for a moment to consider why living in Canada and being a Canadian is so great. Each of us will have our own reasons and, of course, there will be many we all share. One shared reason you may consider -
Canada is a great place to retire!
Maybe that’s because a comfortable retirement is something we take for granted but when you look at the many benefits available to Canadian retirees – benefits not available to retirees in many other countries – it’s clear we have much to celebrate.
All wage earning and self-employed Canadians are eligible to receive either Canada Pension Plan or the Québec Pension Plan (CPP/QPP) retirement benefits, which are indexed for inflation. There are also CPP/QPP survivor and dependents’ benefits as well as a lump sum death benefit. A couple can choose to share CPP/QPP benefits for tax purposes.
Canadians can take advantage of the tax-deferred, compound growth benefits of Registered Retirement Savings Plans (RRSPs) and Registered Retirement Income Funds (RRIFs). Any Canadian resident who receives periodic payments from a registered pension plan can potentially reduce their taxes by splitting pension income with a spouse/common-law partner. Those over age 65 who receive RRIF income are also eligible for the federal and provincial Pension Income Credit and can allocate up to 50% of their RRIF income to a spouse for tax purposes.
Those who have lived in Canada for at least 40 years after age 18 will receive the full monthly Old Age Security (OAS) benefit, which is indexed for inflation. Canadian residents who have lived in Canada for at least 10 years after age 18 will receive a prorated OAS monthly payment.
Seniors with a lower income may be eligible for the Guaranteed Income Supplement (GIS), a tax-free monthly payment, which is indexed for inflation.
Canadians can invest in Tax-free Savings Accounts (TFSAs) that generate tax-free investment income that does not affect income-tested federal benefits.
Every tax-eligible Canadian gets the Basic Personal Tax Credit and those over age 65 also receive an Age Credit. Other tax credits that can benefit retirees include the Medical
Expense Credit, the Dependent Credit, the Disability Credit, and the Caregivers Credit. There are also generous tax credits for those making charitable donations.
And, of course, Canadian retirees have access to a wide range of health care services at little or no direct cost.
Yes, Canada is a great place to retire! But to make your retirement all it can be, you need a plan that includes retirement income from other sources such as your company or personal pension plan and your own investments. Your professional advisor can help make sure your first day of retirement is as much a cause for celebration as the first day of July.
John Scholl CLU,CGA, B. Mathematics,
Consultant - Investors Group Financial Services Inc.
& Investors Group Insurances Services Inc.
Sunday, June 27, 2010
Case dismissed against sellers of house with hidden defects
Back in April, 2006, Walter and Shelley Cotton signed an agreement to buy their dream home in Brantford. After closing, the house turned out to be the worst nightmare they could have imagined, requiring them to spend more than $85,000 to bring it up to building code.
Before the Cottons signed the offer to purchase, they reviewed the Sellers Property Information Statement (SPIS) provided by the sellers, Gary, Laurie and Carey Monahan.
The Cottons and their agent went over each question and answer thoroughly. The form disclosed that extensive renovations had been done to the house by the sellers without any building permit.
Finding themselves in the midst of a “hot” real estate market, the Cottons instructed their real estate agent to submit an unconditional offer without a home inspection clause — despite the agent’s advice to the contrary.
It was only after the transaction closed that the buyers conducted a home inspection and an electrical safety inspection, both of which revealed numerous problems.
Eventually, the Cottons had to gut a significant portion of the house so repairs could be done. The house, they said, was “in chaos” for the next six months.
The Cottons then sued the Monahans for the cost of the repairs, alleging that the Monahans actively concealed the many hidden defects in the house. The defence was that the Monahans did not actively conceal anything that they knew to be a defect, that they honestly answered the questions in the SPIS, and that the buyers failed to exercise due diligence by conducting a home inspection before committing themselves to the purchase.
The trial of the case took 10 days last December and January. My own estimate of the combined legal fees involved for a court case and trial of this length would be well north of $100,000.
Justice Harrison Arrell released his 19-page decision in late April. He began his analysis with the often-quoted words of the late professor (and subsequently Chief Justice) Bora Laskin in a 1960 Law Society lecture, when he said, “Absent fraud, mistake or misrepresentation, a purchaser takes existing property as he finds it . . . unless he protects himself by contract terms.”
Arrell also quoted a 1979 decision of the Ontario Court of Appeal which stated that a seller who is aware of a hidden (or latent) defect in a resale house has an obligation to disclose it to the purchaser only if it makes the house dangerous or unfit for habitation. Otherwise, a seller is not obligated to disclose either hidden or obvious defects in a house.
To be successful in a lawsuit, purchasers like the Cottons have to prove that there are hidden defects in a property making it dangerous or unliveable, and that the defects were known to the sellers who purposely concealed them — or that the sellers recklessly disregarded the truth or falseness of any representations made about known defects.
The judge dismissed the Cottons’ claim. He ruled that the defects in the house were not known to the sellers and that there was no evidence that the Monahans purposely or knowingly concealed any defects. He also decided that the sellers accurately and truthfully filled out the questions in the SPIS form.
This case is just the latest in a long string of recent cases which would never have gone to court but for the existence of the SPIS form.
In my opinion, the SPIS form, which is published and promoted by the Ontario Real Estate Association, is probably the single most frequent cause of Ontario real estate litigation. It poses huge, unjustified risks to buyers and sellers of real estate.
Two lessons emerge from the Cotton v. Monahan case:
First, unless you enjoy expensive court battles, never sign a Seller Property Information Statement. Agents who encourage their use may not be protecting the best interests of their clients.
And second, buying a house without conducting a professional home inspection is a very risky business indeed.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818. Visit the column archives at http://aaron.ca/columns/toronto-star-index.htm for articles on this and other topics.
Sunday, June 13, 2010
Expired Listing Solutions Toronto - Oakville
Expired Listing Solutions for Toronto Real Estate
If your home has expired from the Toronto MLS system; You need to examine the potential reasons.
Did you receive the advice of a professional home stager?
Getting your home ready for sale can include a touch up of paint, a rebroadloom, a general declutter or actually engaging a professional home stager to prepare your home for sale. The only impression that your home can make is the first impression.
We will provide the services of a stager for you for the initial consultation.
You need to understand the Current markets conditions.
Are you pricing your home based on past sales from a year ago? The market has shifted into a Buyer's Market and people need to price their property to attract Buyers. Some neighbourhoods have adjusted more than others according to demand. The Market Watch Report is available monthly to review general market trends.
Of the almost 20 million Canadian internet users, 85% of those looking for a home use the internet. Prospective buyers who visit these various websites and want more information on listings can secure an immediate e-mail display of the actual listing and virtual tour. Shoppers can print the Featured Listing Page. We also include provide a LINK to view a video FLASH presentation.
http://www.youtube.com/watch?v=4sYUxpvAZAc
I welcome your questions about online marketing for your home, that actually present your home to more potential shoppers. By using innovative high IMPACT marketing on multiple websites, Buyers that are not necesssarily local to our market will have an opportunity to preview your listing.
Contact David Pylyp
RE/MAX Realty Specialists Inc.,
905 361 3387 647 218 2414
If this is not the type of Marketing and Promotion you are receiving; What are you getting?
Google David Pylyp Toronto Professional and Persistent in Getting things done
Saturday, June 12, 2010
If I list for ZERO will they come?
Last month Jain launched [a new company] where realtors get to bid for prospective customers. Potential vendors place their listing on the sit, and agents send in a marketing plan and other details, such as how much they expect in commission. “Why not have agents competing for your business? The homeowner wins because he gets the best basket of services and price,” said Jain. http://www.yourhome.ca/homes/realestate/article/822415--upstart-real-estate-companies-launch-war-on-commissions#comments
Naples has a population of 22,000, people. We had five THOUSAND Realtors in Naples. Most were part time, retirees and it showed, and continues to be a factor. With sixty golf course communities...an agent has to be on top of things. I love your reinforcement of what a good Realtor provides. No shortcuts to being the best and we also should expect the best from our clients. Marcia Hawken http://activerain.com/choose_naples
Sunday, June 6, 2010
Best Agent for Real Estate Toronto
Possibly the best real estate agent in Toronto West, Etobicoke and Mississauga to Oakville. How can I say that to you? I have believed for 22 years that with honesty and hardwork, word of mouth would carry the message out to new clients.
We now have 32,000 agents registered in the City of Toronto, We are all competing for your business. The video above is playing Bad Romance from Lady Gaga. It really does speak to me in the sense that many agents promise the moon yet fail to deliver. So How do we Quantify the Best Agent agent for real estate in Toronto?
Why am I asking if you are under Buyers Representation Agreement? (BRA) or Buyers Agency?
Buyer Client
That is my job; So here we are and the concept is simple; If I can add value to your real estate transaction, in the GTA that is encapsulated by Etobicoke, Humber Bay, Toronto West, Mississauga's Lakeview, Port Credit and Lorne Park to Oakville's Clearview and slightly beyond; If you would like your listing promoted to the 32,000 licenced realtors that are currently scouring the GTA for business, If you would like your home featured on youtube, Housing Storm, Active Rain and Google's Blogger webpages as well as my websites as the Featured Home, I invite your inquiries and comments.
How do you define best agent in Toronto for you?