For the RECOrd – July 2018

July 2018


Ask the Registrar:
Pre-closing visits


My client is buying a property with a basement apartment, and they would like to bring a potential tenant to the pre-closing visit. How should I handle this situation?


Remember: during pre-closing visits the property still belongs to the seller. As such, the visits are usually open only to the buyer and their real estate salesperson or broker. If anybody other than the buyer plans to attend the pre-closing visit, you should obtain the seller’s permission first.


Learn more


Three reasons to check out RECO’s refreshed website


We’ve given RECO’s website important enhancements that make it easier to find essential information. Here are three reasons to check it out:

  1. The homepage is cleaner and better organized, so it’s easier to find what you need.
  2. We’ve created a new hub for our discipline activities so that enforcement decisions are more accessible.
  3. Public advisories and information on filing a complaint are front-and-centre, providing greater clarity about our regulatory role.


Check it out! Additional improvements will follow in the months ahead


Learn about insurance coverage, claims processes and more with MCE elective


With the annual RECO insurance renewal period underway, there is no better time to refresh your understanding of the insurance program.


The RECO Insurance Program course goes beyond the fundamentals of the insurance program with a case study-based approach that teaches you how to proactively manage potential problems head-on.


Read about it


5 Things to know about the new Cannabis Act

real estate

5 Things to know about the new Cannabis Act

Watch the video:


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








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

Register Now

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.

Nexera Law Group

How Premier Doug Ford Will Affect Real Estate



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
Contact: Katarina Markovinovic-Praljak
Head of Communications & Media Relations