5 Things to know about the new Cannabis Act

real estate lawyers.ca

5 Things to know about the new Cannabis Act

Watch the video:   https://youtu.be/_bbo5A6zPHg

 

By Mark Weisleder

I am already receiving calls about how sellers, buyers and real estate agents are to prepare for the new Cannabis Act, now scheduled to become law in October of 2018. I have already booked seminars at real estate boards throughout the GTA over the next few months to explain this in more detail. Here are 5 things you need to know:

  1. How much Cannabis can be grown legally in a residence once it becomes legal?

4 Cannabis plants may be grown in each residence. This includes apartment or condominium units. Under Federal legislation, this could also include an outside garden that is part of a home. The Provinces will each determine whether to permit this outside growing.

  1. Will there be any standards as to what constitutes “safe” growing of Cannabis

Right now there do not appear to be any regulations in place. You will undoubtedly see “tool kits” or “indoor tents” being marketed for this purpose, with marketing claiming that this will not create mold behind the walls, for example. Still, professional electricians will likely be required for this, including preparing proper ventilation from the plants to the outside, as additional protection against mold.

  1. Should a seller and real estate agent disclose the past existence of Cannabis plants on the property, if it is legal?

In my opinion this will be an issue as to whether it can be classified as a material latent defect, which would have to be disclosed. Since mold behind the walls that the seller knows about could satisfy this test, there will likely be litigation when it is not disclosed and problems arise after closing.

  1. Can you stop a tenant from smoking Cannabis or growing cannabis plants?

Even though it is legal, you can include a clause in a lease to stop any tenant from smoking or growing Cannabis on the premises. This should be inserted into every lease. If the tenant then smokes, it will be easier to evict them. While medical Cannabis users may raise human rights issues, it is still better to have this clause in the lease right from the start to have a defence.

  1. What will condominiums do to stop Cannabis from being smoked or grown?

Some condominiums are already passing rules to stop any kind of smoking, whether cigarettes or Cannabis and growing of any Cannabis Plant. Others may set aside an area of the building for users, or just for medical Cannabis users. Others may just wait and see and attempt to rely on provisions in Condominium Law that you cannot commit a nuisance to your neighbours. Then, if the smoking is bothering your neighbours, they can bring action to get you to stop.

If you have any question on Cannabis or want to schedule a seminar in your area or brokerage, please contact me at 1-888-876-5529 or at mark@realestatelawyers.ca

Mark Weisleder is a Partner, author and speaker at the law firm Real Estate Lawyers.ca LLP. Contact him at mark@realestatelawyers.ca or toll free at 1-888-876-5529

 

 

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Upcoming event information:
Facebook Marketing and Creating Videos that get Results

Brampton Real Estate Board 60 Gillingham Dr Brampton
Date: 29 Jun 2018 9:30 AM-2:30PM

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AMS and BREB Members – Only $15

Opening Session 9:30am

How to Target with Facebook Ads – Andrew Fogliato

Want to see how to properly place ads on Facebook to get real business off the platform?

Join Andrew Fogliato, the founder of Digital Marketing Agency Just Sell Homes as he walks you through the Facebook Ads platform.

See how to choose your audience, where to place your ads, and the tips and tricks they use to generate tens of thousands of leads a year for agents across North America.

Lunch Sponsored by Nexera

Session 2

Power Up Your Video Marketing  – 12:30pm

 At This 90-Minute Seminar We’ll Share with You Our 5-Step Process to Creating Marketing Videos That Get Results

  1. First, we dive into marketing and discuss you, after all you are your most important marketing tool. We then cover the art of speaking the same language as your target audience.
  2. Then we get into scripting. We’ll walk you through a simple content creation process and a way to outline your videos, so that you’re target audience will be engaged and want to take action at the end of your video. And we also have some great worksheets you can use.
  3. We’ll show you how to use only your smartphone to produce professional looking videos; we’ll cover things like getting steady shots, good lighting and quality sound.
  4. Next, we show you how to get your video off your smartphone, and onto social media, like Facebook, Instagram and Twitter, and get your videos seen by more than just your family and friends.
  5. And finally, the last step, testing and measuring your videos. We show you how to use insights and analytics to see what is working, and what isn’t working, so you can constantly be improving your marketing videos and do more of what is working.
  6. And as a bonus, we’ll also show you how Facebook Live works… and doesn’t work, as it follows its own set of rules and guidelines for audience engagement. We’ve got some great ideas that will set you apart with your live videos.

 

Lunch Provided by our Sponsor.

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How Premier Doug Ford Will Affect Real Estate

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FOR IMMEDIATE RELEASE
June 20, 2018
OREA Statement on Federal Government’s Refusal to Allow Provinces the Ability to Ban Home Growth of Cannabis
Ontario Realtors are disappointed the federal government rejected the Senate recommendation that would have allowed provinces to ban home growth of cannabis. Provinces should have the ability to protect home owners and communities from the problems associated with former grow ops. Quebec and Manitoba have committed to standing firm on this issue and the ambiguity in the legislation has opened the door to court challenges. We look forward to working with Premier-Designate Ford to address Realtor concerns and ensure we protect Ontario homes and families.
Former cannabis grow operations, even on a small scale, can pose significant health and safety issues for unsuspecting home buyers – in particular young children and the elderly. These risks are often masked by owners of existing grow operations when the property is sold making it very difficult for home buyers and Realtors to detect. Every day Realtors work with Ontarians who have spent years saving up for a home where they can raise their families. They want to know exactly what they’re buying with their hard-earned money. And, they deserve to know.
With the legalization of cannabis going ahead, governments must take steps to protect home owners and prospective home buyers against the health and safety risks associated with former marijuana grow operations. That’s why Ontario Realtors have put forward a five-point action plan for cannabis legalization, which, if implemented, will create a regulatory shield for home owners and unsuspecting buyers against the ill effects of former grow ops and also homes where marijuana was grown legally.
– Tim Hudak, CEO for the Ontario Real Estate Association
-30-
Contact: Katarina Markovinovic-Praljak
Head of Communications & Media Relations
katarinam@orea.com
416-385-6615

Facebook Marketing and Creating Videos that get Results – June 29th

1

Lead Generation with Facebook

 

Want to see how to properly place ads on Facebook to get real business off the platform?

Join Andrew Fogliato, the founder of Digital Marketing Agency Just Sell Homes as he walks you through the Facebook Ads platform.

See how to choose your audience, where to place your ads, and the tips and tricks they use to generate tens of thousands of leads a year for agents across North America.

 

At This 90-Minute Seminar We’ll Share with You Our 5-Step Process to Creating Marketing Videos That Get Results

  1. First, we dive into marketing and discuss you, after all you are your most important marketing tool. We then cover the art of speaking the same language as your target audience.
  2. Then we get into scripting. We’ll walk you through a simple content creation process and a way to outline your videos, so that you’re target audience will be engaged and want to take action at the end of your video. And we also have some great worksheets you can use.
  3. We’ll show you how to use only your smartphone to produce professional looking videos; we’ll cover things like getting steady shots, good lighting and quality sound.
  4. Next, we show you how to get your video off your smartphone, and onto social media, like Facebook, Instagram and Twitter, and get your videos seen by more than just your family and friends.
  5. And finally, the last step, testing and measuring your videos. We show you how to use insights and analytics to see what is working, and what isn’t working, so you can constantly be improving your marketing videos and do more of what is working.
  6. And as a bonus, we’ll also show you how Facebook Live works… and doesn’t work, as it follows its own set of rules and guidelines for audience engagement. We’ve got some great ideas that will set you apart with your live videos.

 

 

Only $15 – Register Now

Friday, June 29, 2017

Brampton Real Estate Board

60 Gillingham Dr Brampton On

 

Register Now

NEW REGISTRAR’S BULLETIN EXPLAINS LOCKBOX REQUIREMENTS

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RECO regularly receives complaints from consumers and registrants regarding early or unauthorized access to properties via lockboxes. A new Registrar’s Bulletin explains the procedures registrants must follow when using lockboxes.

All registrants should review the bulletin thoroughly to ensure they are fulfilling their duty to promote the best interests of their clients and to provide conscientious and competent service

 

Lockboxes

Bulletin #2018-1

 

Overview

This bulletin is to explain the Registrar’s position on the procedures registrants must follow, and obligations they must uphold, when using lockboxes. The use of lockboxes requires mutual trust between registrants and consumers and that trust must never be compromised.

Registrants must get advance consent from the listing brokerage, or the owner in the case of homes being sold by the owner directly, before each visit to a property. This includes visits to properties accessible by keys in a lockbox. If a registrant enters a property without the seller’s consent or allows someone else to enter a property without such consent, the registrant should expect to be prosecuted. Unauthorized access, including access outside of scheduled appointment times, is unacceptable, because of the potential risk to real and personal property, privacy, safety and security of both buyers and sellers.

Lockboxes are a convenience. However, sellers are not required to provide lockbox access to keys for their properties. Sellers can require private appointments to see the property with either the owner or the owner’s representative present.

Registrants must fully explain the risks to the seller before a lockbox may be installed, whether the property is occupied, unattended or vacant. The seller may authorize a lockbox only if they understand and are prepared to accept the risks. The seller’s representative should document the seller’s authorization in a written direction to the listing brokerage, signed by the seller, and the seller should be provided with a copy before a lockbox is installed.

Registrants are reminded of their legal obligations to promote the best interests of their clients and to provide conscientious and competent service to the buyers and sellers with whom they work.  Registrants are also encouraged to take advantage of the latest technology in electronic lockboxes. Advanced technology allows for the identification of the parties who access the property, the time and duration of the visit, and automatic code changes.

For example, it is a leading practice for registrants to routinely change their lockbox codes. The US-based National Association of Realtors requires of its members that, when sharing lockboxes codes with buyer representatives, “temporary codes/access must expire within seventy-two (72) hours after being issued.” This is a reasonable minimum standard for Ontario’s real estate professionals to follow.

Brokerages are expected to have clear lockbox policies in place that reflect the interests of both the seller and the buyer, and comply with rules established by their local board or association. The following sections outline some key responsibilities of the listing brokerage and the buyer’s brokerage that should be captured in the policies.

 

Listing brokerages

Lockboxes are to be installed only with the homeowner’s written consent, and after a full explanation of the risks and benefits of placing a key in a lockbox that can be accessed by other registrants. Sellers need to make an informed decision about the use of lockboxes.

At minimum, the explanation of risks should include the possibility that:

    • The lockbox may be broken into to gain access to the property, which could result in theft or damage to the property;
    • An unauthorized person could use the lockbox to enter the property by gaining access to the code or breaking into the lockbox;
    • Keys may be lost or the lockbox may be improperly closed, allowing unauthorized access to the property; and,
    • Use of a lockbox on the property may void or limit coverage under the seller’s property insurance policy. Sellers should be encouraged to contact their property insurers before agreeing to install a lockbox.

Sellers should also be advised of the type of lockbox to be used, how frequently the code to the lockbox will be changed, and where it will be placed. Lockboxes should be located in a safe, well-lit, secure and accessible place.

 

Brokerages representing buyers

The following guidelines should be observed by registrants who represent buyers when showing properties that can be accessed by a key in a lockbox:

    • All appointments, whether for registrant inspections, consumer showings, home inspections, or access by other service providers, must be made and confirmed through the listing brokerage before entering the property;
    • If a registrant anticipates being late for an appointment or cannot make the appointment, the registrant should communicate any change of plans to the listing brokerage as soon as possible to cancel or reschedule the appointment. The buyer’s representative may also ask the listing brokerage if a registrant employed there is able to attend the appointment instead;
    • Registrants who have booked and confirmed appointments with the listing brokerage to see a property that has a lockbox installed must only enter the property during the time specified in the appointment booking confirmation;
    • Under no circumstances should a registrant communicate or provide a lockbox code to a non-registrant, including a buyer, for the purpose of having the non-registrant open a lockbox; and
    • A registrant who makes an appointment to show a property that has a key secured in a lockbox must remain in attendance for the duration of the appointment, must ensure that the property is secured, and must return and secure the key in the lockbox at the end of the appointment. Under no circumstances should a registrant leave the property while other people remain unsupervised on the property. Nor should a registrant give the key to another registrant who may be following them into the property. If the other registrant is authorized, he or she will already have the lockbox code.

 

Regulatory Oversight

RECO regularly receives complaints from consumers and registrants relating to early or unauthorized access to properties. Most complaints involve inappropriately providing access to keys stored in a lockbox. Providing someone with unauthorized access to somebody else’s home is a very serious breach of trust.

Complaints regarding registrant lockbox conduct will be reviewed on a case-by-case basis with full consideration of all relevant facts.

Although RECO takes a progressive approach to discipline, registrants will face serious sanctions for lockbox and other infractions that demonstrate a disregard for the protection of home buyers and sellers.

Relevant sections

Code of Ethics: Sections 2, 3, 4, 5, 38, 39 and 41.