Warning BRANTFORD Area

Warning BRANTFORD Area
May 23, 2019
On Sunday May 19 at approximately 3:30pm (30mins prior to completion of the Open House) a
Caucasian Male entered into an Open House in the North End of Brantford. The female agent
was alone in the home and he was not accompanied by anyone. She greeted him at the door and
he in return stated “I just walked over here as I live around the corner and that was a bad idea
because of the heat and now I’m all sweaty” (paraphrased). She seemed to recognize him and
told him so and he immediately got on the defense and said “IMPOSSIBLE! I just moved here
from Hamilton”. He took the sign in/feedback form with him as he walked through the home which
was maybe 5 minutes in total. Once he was done, he handed in his form and asked for a business
card. Right after he left the agent went upstairs to check that everything was in its place, she
noticed the Master Bedroom closets opened and rummaged through along with a Jewelery box on
the floor, open and other items spilled out (the Vendor had “hidden” the Jewellery Box in the
Brantford Police have been in communication with both the Vendor & Realtor and have asked that
the word is spread among Realtors. Please be vigilant of a man fitting this description, using a
similar open house “entry line” (Bad idea walking here and visibly sweaty hairline). Brantford
Police ask if anyone comes across a man fitting this description during an open house… while he
is in the home, call the Police and distract him in conversation(before he leaves) until they arrive.
Do not approach him as we are not sure what he is capable of.
~Approx. 5’5”-5’6”
~Approx. age is late 30’s
~Heavy set, not muscular
~Wore a baseball cap
~Hair underneath was approx. 1inch long, WET (he was clearly perspiring) and slightly wavy
~Clothing was casual and nothing off setting
~Had a “skunky” smell to him (possibly Marijuana)

Consultations with the Public on the Real Estate and Business Brokers Act

The Ontario Government is working for the People by utilizing public input to modernize laws governing real estate professionals to better reflect today’s market, reduce red tape, and strengthen transparency and consumer protection.


It has been 15 years since the Real Estate and Business Brokers Act (REBBA) has undergone a comprehensive review. Since then, Ontario’s market has dramatically changed. In response, our government is reviewing the rules governing real estate professionals, and the brokerages that employ them. Throughout this review, our government is applying valuable input from the public, including homeowners, renters and real estate professionals to strengthen legislation and better serve the people.


Our government has received input from over 6,500 Ontarians. While consultations ended on March 15, 2019, Ontarians can still provide written submissions to REBBA@ontario.ca to let us know how we can improve upon the existing legislation for Ontario real estate professionals.


We are focused on modernizing REBBA for Ontarians in order to improve the business environment for realtors in Ontario through strengthening the rules for how real estate brokers and salespeople conduct business.


We know that the majority of individuals in the real estate industry have high ethical standards and recognize how important it is that consumers have confidence and peace of mind when purchasing, leasing or selling a home. Real estate is an important part of the provincial economy. In 2017, there were over 82,000 registered real estate brokerages, brokers and salespersons, and home sales of approximately $95.5 billion in Ontario.


We need to make sure that the rules governing real estate professionals and their brokerages are efficient, fair and reflect modern realities. This review is part of our Government’s plan to strengthen consumer protection, increase transparency and make life better for the people of Ontario.


Follow this link to learn more about REBBA consultations.


If you have any questions about REBBA, please call 1-800-265-1603 or visit www.sylviajonesmpp.ca.


Mark Newsletter – Disclosure and As Is Clauses – what are the rules

real estate lawyers.ca


Disclosure and As Is Clauses – what are the rules

Watch the video:   https://youtu.be/nZHcRjk2iY8


Disclosure and As Is Clauses – what are the rules
By Mark Weisleder
It seems that every week I am asked for advice as to what a seller or real estate agent needs to
disclose to a buyer, how to protect a buyer from sellers who do not disclose and to assist in
preparing an as is clause for sellers who do not know anything about a property they are selling.

Here are 5 lessons to remember
1. Patent or visible defects do not need to be disclosed
If you can see a defect during a typical home inspection, it does not need to be disclosed by a
seller. This can include a crack in a window, mirror or kitchen counter, a stain under the bed
or damage to a wall behind a picture. It can even include KITEC plumbing, which is
typically visible. The lesson is to be more diligent when inspecting a property before signing
any agreement in the first place and make sure to have the home inspected by a
professional.Latent or hidden defects need to be

2. Material latent defects must be disclosed by the seller
Latent defects are defects that a home inspector could not see during a typical home
inspection. If a seller knows about a material latent defect and does not disclose it, a buyer
can sue the seller even after closing. Examples include water damages that have not been
properly repaired, whether from the roof or basement, smoke damages from a fire, mold
behind the walls, underground fuel tanks or foundation problems. In all cases, the defect
must make the home uninhabitable or dangerous. If a buyer can demonstrate after closing
that the seller must have known about the issue, they can be successful in taking legal action
after closing. Buyers should be advised to conduct an insurance search against any property
to see if a prior insurance claim was made by a previous owner.

3. Psychological stigmas do not have to be disclosed
Sellers do not have to disclose whether there has been a murder or suicide on the property or
adjoining property or whether a pedophile lives on the same street. As this will likely matter
to most buyers, google the property address to see if anything comes up, speak to the
neighbours and consider putting a clause right in the offer whereby the seller represents and
warrants that there has been no murder, suicide, illegal grow operation natural death or
shooting on the property during their ownership. Sellers must respond truthfully to this
4. What are a real estate agent’s duties about disclosure?

As a real estate agent, you are not obligated to disclose psychological issues, however, you
are obligated to tell the truth. You must therefore ask your seller how you are to respond if
you are asked the question by a buyer or buyer agent. If the seller tells you to lie, then you
should strongly consider terminating the listing.
5. Will an “as is” clause protect my seller?
“As is” clauses are generally a warning to buyers that they must have a home inspection done
since the seller is giving no warranty about anything in the property. Often you see this when
a property is being sold by a lender under a power of sale in their mortgage or by an estate,
when the trustees have no actual knowledge about the property. However, this will still not
protect a seller if they actually know about material hidden defects that make the home
uninhabitable or dangerous.
If you have any question related to disclosure issues, or need help drafting clauses to protect
a buyer or a seller, or want to make use of our mobile closing services, where we come to the
client home to sign all the closing papers, at their convenience, please do not hesitate to
contact us.


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








Reminder of RECO’s Annual General Meeting


Join us on May 16 


This is a friendly reminder that RECO’s 2019 Annual General Meeting (AGM) will be held on Thursday, May 16th, 2019 at Old Mill Toronto. We hope you’re able to join us.


Parking at Old Mill Toronto is free for AGM attendees.


Registration begins at 9 a.m. in the Brulee Room A.  

RECO’s AGM begins at 10 a.m. in the Brulee Room B & C.

The event will be livestreamed for those who can’t attend in person. A link to the livestream will be made available the morning of May 16th.


The meeting will include a question and answer session, and RECO will take live questions from its online audience. Questions submitted online must include a registrant’s full name and employing brokerage.


If you would like to submit a question in advance of the meeting, please email AGM@reco.on.ca.


For more information on the Annual General Meeting and to access any documents related to it, please click here.

Halton Hills Economic Update for Real Estate Professionals

Halton Hills Economic Update for Real Estate Professionals


On May 3rd, 2019,  the Town of Halton Hills hosted our Economic Update for Real Estate Professionals at the Gellert Community Centre.

With over 70 in attendance, REALTORS® received information on Transit Service Strategy & Transportation Study, Halton Hills Economic Update, Vision & Destination Study, Accessory Units & Affordable Housing; presented by Town Officials.

We would also like to Thank the Arts & Cultural Service Team of Halton Hills for providing swag bags!!  Please Mark Your Calendar for our Erin & Caledon Economic Update on June 26th with more information coming soon.

Please click on the link for the Halton Hills presentation.



It’s not fair



It’s not fair.

REALTORS® in six other Canadian Provinces are allowed to form Personal Real Estate Corporations (PRECs).

In Ontario, accountants, architects, lawyers, and insurance brokers can all incorporate.

REALTORS® are one of the few professions in Ontario that can’t personally incorporate.

PRECs are a modern business tool that would allow Ontario REALTORS® to reinvest more income back in their business – creating jobs and generating economic benefits for communities.

But needless red tape is standing in the way.

We need you to tell your MPP to change REBBA to allow REALTORS® to form PRECs – we’re close on this issue, but I need you to help get us over the finish line.

Gerry, take action now and tell your MPP it’s time to permit Personal Real Estate Corporations.  

Thanks for your support.


Mike Stahls, Chair
Ontario REALTOR® Party Committee