Tuesday, January 31, 2023

Canada Real Estate: Homeowners Positioned to “Ride Out Storm”

 

While interest rate hikes served to destabilize most major Canada real estate markets beginning in 2022, homeowners are well-positioned to ride out the coming storm in large part due to lower loan-to-value ratios on new mortgages, according to a report released today by RE/MAX Canada.

The RE/MAX Canada 2023 Canada Housing Barometer Report examined average price and new mortgage values published by CMHC-Equifax Canada in 12 major markets from British Columbia to New Brunswick, to compare loan-to-value (LTV) ratios between Q3 2012 and Q3 2022. The report found that LTV ratios had declined in 67 per cent of markets (eight) over the past decade, with the greatest drops noted in London and Moncton (21 per cent), Halifax (15 per cent), Hamilton (14 per cent), Toronto (10 per cent) and Ottawa-Gatineau (nine per cent). Four markets, including Calgary, Edmonton, Saskatoon, and Regina, were up over 2012 levels, a trend that is set to reverse in the years ahead as Alberta and Saskatchewan’s economic engines gain momentum and drive home-buying activity. The lowest loan-to-value ratios were found in the most expensive markets, including Vancouver (50 per cent), Toronto (53 per cent), and Hamilton (54 per cent) while the highest loan-to-value ratios were found in Regina (88 per cent) and Edmonton (83 per cent). Nationally, loan-to-value ratios hovered at 57 per cent.

“While challenges certainly exist in today’s high interest rate environment, risk factors for the overall housing market are greatly reduced when homeowners own a larger proportion of their homes,” says Christopher Alexander, President, RE/MAX Canada. “With half of loan-to-value ratios within the 50- and 60-per cent range in Canadian markets, homeowners are better able to withstand downward pressure on housing values and fewer will find themselves underwater, carrying upside down loans.”

Three factors were largely responsible for the downward pressure on loan-to-value ratios over the past decade, according to the Canada Housing Barometer Report: equity gains, the pandemic facilitating the ability to work remotely in smaller markets, and the transfer of intergenerational wealth, particularly in the latter half of the last decade and the early 2020s.

“Government implemented measures to reduce risk to the country’s housing markets, including the much-maligned stress test, have also gone a long way in maintaining the overall health of the Canadian market,” explains Elton Ash, Executive Vice President, RE/MAX Canada. “The housing market in Canada has a reputation for stability relative to other international markets, and prudent policy plays a substantial role.”

Canadian buyers are much better qualified than a decade ago as a result, according to the RE/MAX report. A recent CMHC-Equifax Canada report confirmed a significant reduction in the number of buyers with credit scores under 660 in the past decade. Nationally, that number fell to 4.7 per cent in the third quarter of 2022, down from eight per cent a decade earlier. Ottawa-Gatineau, at 3.9 per cent, had the lowest share of new mortgage holders with credit scores below 660, while Winnipeg had the highest at 6.4 per cent. The loan-to-value ratio in all markets was down from decade-ago levels.

Mortgage delinquency rates have also fallen in most markets across the country, with the national percentage sitting at just 0.14 per cent – down just over 63 per cent from levels reported in 2012. The lowest rates can be found in Ontario and British Columbia, where the delinquency rates are below 0.08.

Rapid population growth was identified as a primary catalyst in driving home-buying activity over the past decade, with the quarterly population estimate rising 12.1 per cent nationally from Q3 2012 to Q3 2022. Interest rates also played a starring role over the 10-year period, with the overnight rate dropping to 0.25 per cent in May of 2009 and maintaining relatively low levels throughout the 2010s, climbing in 2018 and 2019 only to fall again to 0.25 per cent in 2020.

Population growth is expected to continue in the years ahead, given the federal government’s commitment to increase immigration levels, but interest rates will likely remain relatively high in the foreseeable future, which should temper home-buying activity to some extent, particularly in the first half of the year.

“As we head into 2023, there are likely to be challenges, but a healthy number of homebuyers are expected to continue to enter the country’s housing markets from coast to coast,” says Ash. “The trend toward smaller markets should continue to play out in Atlantic Canada, Ontario and Western Canada —areas where in-migration from more expensive markets has occurred recently. Major centers in Alberta and Saskatchewan are expected to see strong growth in the year ahead as provincial economies continue to operate on all cylinders. However, there could be some tough times ahead for larger markets that are seeing an uptick in over-extended buyers, as well as increased financial hardships for parents who helped their kids into home ownerships by taking out Home Equity Line of Credit (HELOCs). While most chartered banks are typically willing to work with homeowners in distress situations, buyers that chose to work with private lenders are having a different experience, as evidenced in recent stories in the media.”

While overall risk to the Canadian housing market remains low, risk mitigation remains top of mind for regulators, given real estate’s impact on the Canadian economy. The sector has accounted for 10 to 17 per cent of GDP in recent years. The government’s OSFI stress test is among the additional measures aimed at reinforcing the country’s real estate market going forward. While still in development, it would look at addressing three key factors: mortgage size and debt load, new debt service ratios, plus a new interest rate stress test. Given the success of the Stress Test to date (qualifying buyers at two per cent above posted rates since 2018), it’s clear some constraints can prove invaluable. That being said, further measures that would make it increasingly difficult for Canadians to realize home ownership, while well-intentioned, may potentially cause more harm than good.

“At the end of the day, what’s evident by the loan-to-value ratios and by policies to discourage speculation and over-extension is that real estate is and will always be a long-term hold,” explains Alexander. The Canada Housing Barometer Report shows that most purchasers are aligned with that philosophy, as demonstrated by their tenacity to get into the market and hold steady. Savvy homebuyers and homeowners are looking to offset carrying costs by reducing their footprint—choosing smaller homes, as reported in Ottawa, or renting out basement suites in their homes, a trend noted across the board, but especially apparent in London and Saskatoon. Some buyers are purchasing duplexes and other multi-unit properties and living in one of the units. Multi-generational sales are also happening with increasing frequency across Canada, whereby two or three generations live together. This trend was strong in Toronto’s 905 region, as well as in Winnipeg and Saskatoon.

“The bottom line is that the dream and desire for home ownership is unmistakable,” says Alexander. “The mechanisms in place to underpin stability are working, and although more challenging conditions in 2023 may cause some to temporarily take pause, the longer-term outlook remains positive. Once the Bank of Canada has signaled that it is done with quantitative tightening, the market is expected to return to more normal levels of home-buying activity overall.”

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source: RE/MAX

Monday, January 30, 2023

Rising mortgage rates brought uncertainty and caution to Metro Vancouver’s housing market in 2022

 

Rising mortgage rates brought uncertainty and caution to Metro Vancouver’s housing market in 2022 

After seeing record sales and prices during the pandemic, Metro Vancouver’s* housing market experienced a year of caution in 2022 due to rising borrowing costs fueled by the Bank of Canada’s ongoing battle with inflation. 

The Real Estate Board of Greater Vancouver (REBGV) reports that residential home sales in the region totalled 28,903 in 2022, a 34.3 per cent decrease from the 43,999 sales recorded in 2021, and a 6.6 per cent decrease from the 30,944 homes sold in 2020. 

Last year’s sales total was 13.4 per cent below the 10-year sales average.

“The headline story in our market in 2022 was all about inflation and the Bank of Canada’s efforts to bring inflation back to target by rapidly raising the policy rate. This is a story we expect to continue to make headlines into 2023, as inflationary pressures remain persistent across Canada,” Andrew Lis, REBGV’s director, economics and data analytics said. 

Home listings on the Multiple Listing Service® (MLS®) in Metro Vancouver reached 53,865 in 2022. This is a 13.5 per cent decrease compared to the 62,265 homes listed in 2021 and a 0.8 per cent decrease compared to the 54,305 homes listed in 2020. 

Last year’s listings total was 3.2 per cent below the region’s 10-year average. 

The total number of homes currently listed for sale on the MLS® system in Metro Vancouver is 7,384, a 41 per cent increase compared to December 2021 (5,236) and a 19.6 per cent decrease compared to November 2022 (9,179). 

The MLS® Home Price Index composite benchmark price for all residential properties in Metro Vancouver is currently $1,114,300. This represents a 3.3 per cent decrease over December 2021, a 1.5 per cent decrease compared to November 2022, and a 9.8 per cent decrease over the past six months. 

“Closing out 2022, the data show that the Bank of Canada’s decisions to increase the policy rate at seven of the eight interest rate announcement dates in 2022 has translated into downward pressure on home sale activity and, to a lesser extent, home prices in Metro Vancouver,” Lis said. “While the consensus among many economists and forecasters suggests the Bank of Canada may be near the end of this tightening cycle, rates may remain elevated for longer than previously expected since the latest inflation figures aren’t showing signs of abating quickly.

We’ll watch the 2023 spring market closely to see if buyers and sellers have adjusted to the higher borrowing-costs and are participating more actively in the market than we have seen over the last 12 months.”  

December 2022 summary  

Residential home sales in the region totalled 1,295 in December 2022, a 51.8 per cent decrease from the 2,688 sales recorded in December 2021, and a 19.8 per cent decrease from the 1,614 homes sold in November 2022. 

Last month’s sales were 37.7 per cent below the 10-year December sales average. 

There were 1,206 detached, attached and apartment properties newly listed for sale on the MLS® in Metro Vancouver in December 2022. This represents a 38 per cent decrease compared to the 1,945 homes listed in December 2021 and a 60.5 per cent decrease compared to November 2022 when 3,055 homes were listed. 

For all property types, the sales-to-active listings ratio for December 2022 is 17.5 per cent. By property type, the ratio is 12.3 per cent for detached homes, 19.5 per cent for townhomes, and 21.7 per cent for apartments. 

Generally, analysts say downward pressure on home prices occurs when the ratio dips below 12 per cent for a sustained period, while home prices often experience upward pressure when it surpasses 20 per cent over several months. 

Sales of detached homes in December 2022 reached 371, a 53.3 per cent decrease from the 794 detached sales recorded in December 2021. The benchmark price for a detached home is $1,823,300. This represents a 5.1 per cent decrease from December 2021, a 1.8 per cent decrease compared to November 2022, and an 11.4 per cent decrease over the past six months. 

Sales of apartment homes reached 702 in December 2022, a 52 per cent decrease compared to the 1,464 sales in December 2021. The benchmark price of an apartment home is $713,700. This represents a 1.7 per cent increase from December 2021, a 0.9 per cent decrease compared to November 2022, and a 6.9 per cent decrease over the past six months. 

Attached home sales in December 2022 totalled 222, a 48.4 per cent decrease compared to the 430 sales in December 2021. The benchmark price of an attached home is $1,012,700. This represents a 0.2 per cent decrease from December 2021, a 1.5 per cent decrease compared to November 2022, and a 9.2 per cent decrease over the past six months.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source:  REBGV


What is Buyer’s Remorse and How Do You Get Over It?



You’ve been viewing homes for a while now and finally bite the bullet and submitted an offer on a home. Your offer is accepted and you go to bed that night elated and excited. But then, you wake up the next morning, asking yourself troubling questions:

Did I spend too much?

Is this the right place?

Do I even want to move?

Buyer’s remorse is something nearly every new buyer experiences; good agents will even warn their clients about it ahead of time.

Why does buyer’s remorse happen?

Buying a home is likely the largest purchase of your entire life. It’s a lot of money, a lot of responsibility, and a lot of debt. For most, it’s a long-term decision that locks you into one location, so there’s a loss of (hypothetical) flexibility, options, etc.

Even just writing this, I feel a little anxious—and that’s completely normal.

People get buyer’s remorse when buying a turtleneck, let alone a house. It’s human nature to question your purchases, especially when they’re a lofty expense.

Know what you want

Your agent will ask you in your first consultation what you’re looking for, what your dealbreakers are, what you must have versus what you want to have, etc. Be very honest with both your agent and yourself about these details.

If you’re viewing homes with two-car garages, for example, you put in an offer on one of these homes, then think after it’s been accepted “Did I really need that garage? Did I pay extra for it?”, you’ll experience strong remorse because you weren’t being truthful with what you need.

Make a list of details—large to small—then edit it and rewrite it, until you have a list that’s accurate. Your agent should be able to help you assess your needs and wants.

Understand your finances

Paired with your needs and wants, you should know exactly how much you can afford. Determine monthly payments, max mortgage affordability, your down payment—all of it. You might need a four-bedroom home but can only afford three in the area you’re exploring. Instead of stretching your finances to meet that four-bedroom house then regretting it later, reassess—either downsize or find a four-bed in a less expensive neighbourhood.

I’ll stress again that this is a financial commitment, so don’t overlook this step. Just because you were approved for $800,000 doesn’t mean you have to spend every penny.

Tell yourself it’s going to happen

Before you put in an offer, even while you’re looking at homes, remind yourself that you may feel remorse, even if you’re in love with every aspect of this place. The more you acknowledge that buyer’s remorse is going to happen, the less surprised and affected you’ll be when you actually experience it.

Be very confident during bully offers

A lot of buyer’s remorse occurs after bully offers are accepted. Bully offers are early offers in a competitive seller’s market that encourage the seller to accept before offer night, meaning before others have had a chance to draft an offer and submit.

Buyers have to get their offers together quickly to submit bully offers, which means you’d have less time to stew and make a deliberated decision. When submitting a bully offer, you have to be sure you know this is what you want. If you feel rushed—more rushed than you’re comfortable with—you may feel regret the next day, for having not considered certain things.

  • Common questions after a bully offer:
  • Did I pay too much?
  • Would there have actually been other people interested?
  • Would I have actually had to compete in a bidding war?
  • Was I rushed into believing this is what I wanted?

If you see a home and are considering a bully offer, work with your agent, your partner, or someone you trust and talk out your thoughts. Write them down. You don’t need a week to decide if you want a certain property, but you do need to address your concerns.

A seller can also get remorse after a bully offer, as they may have had other interest that couldn’t get an offer ready. Sellers have to determine if the offer presented early is actually better than what they could get in a bidding war. It’s a tough call, but sometimes accepting bully offers is the way to go.

There are repercussions to backing out of an offer

If your buyer’s remorse is so bad that you have to back out of your offer, it’s easier said than done.

Once your offer is accepted, your agent has to speak with the listing agent to see if they had other offers. If they did, there’s a chance the runner-up bid will purchase the home. That said, if the sellers receive less than your initial bid, you may be required to pay the difference. And if they don’t receive a second offer at all, you’re in trouble.

In any of these situations, the sellers can take you to court; litigation can last for years and can be extremely costly.

Buyer’s remorse isn’t a fun feeling, but it happens to everyone. Be honest with yourself, be open with your agent, and talk through your thoughts and concerns with people you trust. Typically, people get over their remorse in the first couple days, once they realize the decision is exciting despite their worries, and they can focus on moving, upgrades to the home, and starting a new life in their new place.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source: Zoocasa

BC government introduces “cooling off” period for home sales

 


On July 21, the provincial government introduced a home buyer protection period, the details of which are outlined in a new regulation that allows home buyers to back out of a residential purchase up to three business days after signing a contract.

The government began to enforce this regulation starting January 1, 2023.

The province claims this three-day cooling off period will help ensure all homebuyers have an opportunity to conduct their due diligence, such as securing financing or arranging home inspections.

Key facts

The homebuyer protection period basics

  • The period is effective January 1, 2023.
  • Buyers will have three business days to back out of a residential purchase after signing the contract.
  • This applies to all contracts, regardless of subjects. 
  • The period is mandatory and can’t be waived.
  • Buyers who back out of a contract within this three-day period will have to pay a rescission fee of 0.25%. For example, if the purchaser exercises the right of rescission on a $1-million home, they’d be required to pay the seller $2,500.
  • The rescission fee is paid to the seller.
  • The enforcement mechanism for the rescission fee, and for any deposits that may need to be returned, is unclear at this time.
  • Realtors must provide general information on the period to all clients through the Disclosure of Representation in Trading Services.

Deposits

If a deposit is held in trust, brokerages may release it upon rescission.

If there’s a balance, it’s returned to the buyer, regardless of what’s provided in the contract.

Exemptions and waivers

While the period can’t be waived, there are narrow exemptions, including sales:

  • Subject to section 21 of the Real Estate Development Marketing Act.
  • Of residential real estate located on leased land.
  • Of leasehold interest in residential real estate.
  • At auction.
  • Under a court order or supervision of a court.

Residential real estate defined

  • The homebuyer protection period will apply to:
  • detached homes;
  • semi-detached homes;
  • townhouses;
  • apartments in a duplex, triplex or other multi-unit dwelling;
  • residential strata lots;
  • manufactured homes that are affixed to land; and
  • cooperative interests that include a right of use or occupation of a dwelling.

The new period doesn’t apply to presale properties, which already subject to a rescission period under the Real Estate Development Marketing Act.

The notice of rescission

  • Homebuyers must serve rescission notice to the seller through registered mail, fax, email with read receipt, or personal service.
  • The notice must contain the address, PID or description of the property, the names and signature of the buyer(s), name of the seller(s), and the date of notice.

Additional Disclosure

Realtors must also provide an additional mandatory disclosure when presenting an offer to a client, outlining:

  • that the protection period can’t be waived,
  • the rescission period,
  • the dollar amount of the rescission fee,
  • deposit handling, and
  • the homebuyer protection period exemptions.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source:  REBGV

Sunday, January 29, 2023

First Time Home Buyers Guide in Richmond, BC, Canada

 

Congratulations on taking the first step towards owning your first home in Richmond, BC! Buying a home can be an exciting and overwhelming process, especially for first-time buyers. But don't worry, with a little preparation and education, you'll be on your way to finding your dream home in no time.

Here's a guide to help you navigate the home buying process in Richmond, BC.

1.     Determine Your Budget: Before you start house hunting, it's important to have a clear understanding of your budget. Take into account your monthly income and expenses, and seek the help of a mortgage broker or financial advisor to determine the amount you can afford to borrow.

2.     Get Pre-Approved: Obtaining pre-approval from a lender is crucial as it gives you a clearer picture of the mortgage amount you can borrow and helps you establish a budget for your home purchase.

3.     Hire a Real Estate Agent: RE/MAX Michael Cowling and Associates Realty can help you navigate the complexities of the home buying process, including negotiating with the seller, handling the paperwork, and assisting with the closing process.

4.     Choose the Right Neighborhood: Consider factors like schools, transportation, and amenities when choosing the neighborhood for your first home. Research the area, visit online property tours, and take a tour to get a feel for the neighborhood.

5.      Home Inspection: Before finalizing the purchase, it's important to have a home inspection to ensure the property is in good condition and to identify any potential problems.

6.      Close the Deal: Once you have found the right home, you'll need to have your agent make an offer to the seller. After the offer is accepted, the closing process will begin, which includes signing the final paperwork and paying the closing costs.

7.      Move In: Congratulations, you are now a homeowner! It's time to move in and make your new house a home.

In conclusion, buying a home in Richmond, BC can be a great investment, but it's important to be well-prepared and informed. Take your time, seek my expert help, and follow these steps to make your home buying experience a success.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source: Michael Cowling


Thursday, January 26, 2023

B.C.'s housing market nears 'cyclical bottom:' RBC

 

Canada’s housing market is inching closer to its “cyclical bottom,” and British Columbia is following suit, with home resale activity in the province gradually stabilizing, according to a recent housing market update from the Royal Bank of Canada (RBC) (TSX:RY).

This has implications for the rest of B.C.’s economy. Activity levels in the resale market tend to lead the rest of the economy, according to Brendon Ogmundson, chief economist with the British Columbia Real Estate Association.

“If we’re in an economy that’s potentially headed for a recession in 2023, the pattern that you see throughout history is that sales decline well in advance of the recession, and then bottom out and start to recover one to four months or so into a recession,” Ogmundson said.

Currently, home sales in the Vancouver market, he said, are roughly 25 per cent below normal levels and are “about as low as they can get,” he added.

According to Robert Hogue, assistant chief economist at RBC, activity in the Lower Mainland and Victoria is levelling off.

“Recent declines have slowed quite considerably, and we’re probably not that far off from the bottom. But that being said, the level of activity, even in B.C., is historically low right now. Things are quiet,” he said.

In the coming months, Hogue said he expects to see home prices depreciate further. The Multiple Listing Service (MLS) Home Price Index for B.C. has declined 10 per cent from its February 2022 peak, with the index for Vancouver dropping eight per cent, according to RBC’s market update.

Despite the bottom being “imminent,” as described by Hogue, he predicts that recovery will be a “large muted affair at first.”

“Higher interest rates and stretched affordability will continue to be huge issues for buyers throughout 2023 and possibly beyond. This is poised to keep activity quiet and limit any price gains,” Hogue said in the update.

Metro Vancouver home listings on MLS reached 53,865 in 2022, a 13.5 per cent decrease compared to the 62,265 homes listed in 2021, according to the Real Estate Board of Greater Vancouver.

“It’s not hard to see a situation where the sales are rebounding into a market that is still under-supplied,” Ogmundson said.

Ogmundson said that even if B.C. hits its cyclical bottom, recovery will be slow throughout 2023, but strong in 2024.

“What we’ve seen throughout history is that the year after a recession, the home sales in the province rise anywhere between 25 and 40 per cent. But, that really relies on interest rates coming down,” he said.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source: BIV

Wednesday, January 25, 2023

NEWS Bank of Canada Interest Rate Update

 

The Bank of Canada raised its overnight policy rate by 25 basis points to 4.5 per cent this morning. In the statement accompanying the decision, the Bank noted that recent economic growth in Canada as been stronger than expected and labour markets remain tight but it sees growing evidence that monetary policy is working to slow the economy. The Bank expects the economy to stall through the middle of 2023 before picking up later in the year.  The Bank sees improvement in the inflation outlook with signs that core inflation has peaked and it projects a significant decline in inflation this year. It expects inflation to return to its 2 per cent target by 2024.

Most importantly, the Bank stated that it expects to hold its policy rate at 4.5 per cent as it monitors the impact of the last year of rate increases. While the door remains open to further rate increases should the outlook for inflation change, the Bank for now is on hold.  From here, the trajectory of mortgage rates will depend on the outlook for the economy. With growth expected to slow in 2023, markets are pricing in Bank of Canada rate cuts by the end of this year and average five-year fixed mortgage rates have declined in January from their peak of 5.5 per cent to 5.19 per cent and will likely fall further in coming months. However, the average variable rate mortgage, now at 6.35 per cent will stay elevated until the Bank of Canada begins lowering its policy rate.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source: BCREA

Monday, January 16, 2023

Canadian home prices remain well above pre-pandemic levels

Canadian home prices fell in the fourth quarter but they are still well above pre-pandemic levels, a report.

In a House Price Survey released on Friday, it said the national aggregate home price dropped 2.8 per cent on a year-over-year basis in the fourth quarter, to $757,100.

This marked the first year-over-year decline since the end of the 2008, during the financial crisis.

It may be headline-grabbing to say that prices are down by double digits, yet well less than one per cent of property owners completed their purchases in February or March of last year, when the pandemic-driven urgency to buy and serious housing supply shortages came together to create a final spike in prices said the report.

The Greater Vancouver Area posted record year-over-year house price declines in the fourth quarter. The aggregate price of a home in Vancouver dropped by 3.5 per cent to $1,208,900.

However, some markets reported a jump in housing prices.

The aggregate price of a home in Calgary increased by 3.9 per cent to $599,100 on a year-over-year basis in the fourth quarter, while home prices rose by 2.2 per cent to $544,300 in the Greater Montreal Area.

While the red-hot market conditions are behind us, there remains a widespread shortage of homes in Greater Vancouver and all Canada that cannot be offset by temporarily cooling demand.

Record immigration rates, high levels of employment and strong savings will put pressure on limited housing supply once again, which will drive home prices up.

Soon enough, these buyers will return to the market and will be met, once again, with the realities of low inventory and high competition.

Are you looking to buy or sell property? If you’d like, we can have a real estate expert show you the most efficient process that saves you thousands of dollars, a lot of time, with little or no inconvenience to you. Contact us today!

Source:  BNN Bloomberg (abridged)


Sunday, January 1, 2023

New Regulations Prohibit Purchase of Residential Property by Non-Canadians

 


Purpose

The purpose of this Advisory is to provide a summary of the federal government’s Regulations, released on December 21, 2022, respecting the Prohibition on the Purchase of Residential Property by Non-Canadians Act (“the Act”). The Regulations, along with the Act itself, come into force, on January 1, 2023. 

Overview of Changes

The Regulations introduce a number of clarifications to the Act and address certain aspects of how the Act will operate when it comes into force. Specifically, the Regulations include:

Definition of “Non-Canadian”

  • Expand the definition of non-Canadian to include entities that were formed other than under the laws of Canada or a province, or entities formed under Canadian or provincial laws but controlled by someone who is a non-Canadian. In other words, the definition of non-Canadian now includes partnerships, trusts, and all other persons who are not individuals or corporations;

Definition of “Residential Property”

  • Exclude, from this definition, property located in an area of Canada that is not within major urban areas, defined as a census agglomeration (CA”) or a census metropolitan area (“CMA”). See Statistics Canada’s Census Tract reference maps here to determine which areas are excluded;

Expand the definition of residential property to include vacant land that does not contain a habitable dwelling, that is zoned for residential use or mixed use, and that is located within a major urban area or CA or CMA;

Definition of “Purchase”

  • Clarify that a purchase means the acquisition, with or without conditions, of a legal or equitable interest or a real right in a residential property;

Introduce situations where the prohibition does not apply, such as: when a person acquires residential property resulting from death, divorce, separation or as a gift; when a dwelling is rented to a tenant who will occupy the unit; or when the transfer is under the terms of a trust created prior to January 1, 2023;

Definition of “Control”

  • Clarify that privately held corporations controlled by a non-Canadian or an entity controlled by a non-Canadian are “controlled” when a non-Canadian has a three per cent direct or indirect ownership interest in an entity or corporation;

Exemption for Temporary Residents

  • Clarify the prescribed conditions necessary for a temporary resident to be exempted from the prohibition;

Exemption for Foreign Nationals and Refugee Claimants

  • Add foreign nationals who meet specified criteria and persons who have made a claim for refugee protection and been found eligible to the list of exempted persons;

Exemption for Indigenous People and Communities

  • Clarify that the Act does not apply if it is incompatible with the rights recognized and affirmed by Section 35 of the Constitution Act, 1982, which recognizes the existing Indigenous and treaty rights of Indigenous peoples of Canada; and

Issuing Orders for Contravening the Act

  • Set out that if an order under Section 7(1) of the Act is made to sell a property that was wrongly purchased by a non-Canadian that the proceeds of the sale be distributed in a specified order.

Considerations For Regulated Entities

Regulated entities are advised to review both the Act and the Regulations to ensure they fully understand the scope and application of the prohibition. The Regulations clarify a number of definitions and shed light on the full range of exempted persons, transactions, and property.

Regulated entities are reminded that once the Act is in force, any person or entity that assists a non-Canadian in purchasing directly or indirectly any residential property is guilty of an offence and could be liable to a fine of not more than $10,000.  

Regulated entities should also be aware that the Act does not apply to non-Canadians who enter into or assume liability under agreements of purchase and sale before January 1, 2023. While the sale of residential property to a non-Canadian after January 1, 2023 will remain valid, a court may order a sale of any residential property that has been purchased by a non-Canadian in violation of the Act and the non-Canadian cannot recover more than what was paid for the property.

Regulated entities that are unsure if a client, property, or transaction is captured by the Act, should advise their client to seek legal advice before continuing to provide their services.

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Source:  BCFSA