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Reverse mortgages rising fast to deal with retirement shortfalls – Consult with a Vancouver Mortgage Broker

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It could become a growing solution to our retirement savings problems, but opponents of reverse mortgages warn their spike in popularity cimageould mean shrinking inheritances.

HomEquity Bank, which is owned by Birch Hill Equity Partners, and is behind the Canadian Home Income Plan, said reverse mortgages are up 26% year-to-date compared to the same period a year ago. It’s still a relatively tiny chunk of the 5.5 million mortgages outstanding, considering HomEquity only expects to issue about 3,000 reverse mortgages this year.

Related How to prepare your home for a quick, profitable, summer sale How record low interest rates are helping us pay off our mortgages faster A mortgage rate below 2% — but be ready for some surprises But is it a solution for people whose retirement savings don’t match their retirement spending? The interest costs, which are generally above market rates for a traditional mortgage, will ultimately eat into home equity and not leave much behind for heirs.

“A reverse mortgage is the last, last choice I consider for my clients,” says Lise Andreana, a certified financial planner with Continuum II Inc. who is based in Niagara-on-the-Lake. “It’s basically when they’re running out of money to live on.”

Jeff Spencer, vice-president of national sales for HomEquity Bank, says he’s heard it all before. He thinks it’s time Canadians start thinking about their home as part of their financial plan and incorporate a reverse mortgage into their strategy.

CARP, which represents retired Canadians, says two-thirds of the workforce — or about 12 millions working Canadians — do not have a workplace pension plan. Faced with a savings shortfall for retirement, their house can fill the gap.

“We think real estate needs to be treated very differently in a retirement plan. It’s not a passive asset but an active asset that is utilized at the start of retirement,” said Mr. Spencer, adding his company has created a new plan that starts delivering cash flow as soon as you retire as opposed to when you run out of cash.

The advantage of a reverse mortgage is you can take money out of your home and it is not taxed, which allows you to deplete your registered retirement income fund at a slower pace and potentially put yourself in a lower tax bracket. It might even help avoid clawbacks to Old Age Security by lowering your income threshold.

Canada Mortgage and Housing Corp. says reverse mortgages have been around since 1986 and generally allow you to take anywhere from 10% to 40% of the equity out of your house with the caveat that your interest rate will be about 150 basis points above the conventional rate for a five-year mortgage.

Mr. Spencer paints a scenario where a client might have a $1-million house paid off at 65 and qualify for a $350,000 mortgage. You could divide that amount over say 25 years.

“You might offset any type of interest you might accumulate on the reverse mortgage [with tax savings],” he says, acknowledging clients pay about 1.5 more percentage points above prime. “More importantly, it extends the horizon time on your portfolio.”

He says with life expectancy on the rise, this type of planning is going to become necessary or people are simply going to run out of money.

“When people retired at 65 and had a life expectancy of 75, we didn’t have to get too complicated with their retirement plan. They wouldn’t go through their investable assets even,” said Mr. Spencer. “But when you are retired as long as you are working, you need to utilize all of your assets.’

Plus, the real issue is people don’t want to leave their homes until they have to which is something a reverse mortgage accomplishes.

Ms. Andreana cautions if you do get a reverse mortgage, make sure both spouses names are on the contract because you can be pushed out after the spouse with the mortgage dies otherwise.

Still, she thinks the reverse mortgage could take off because people who are retired now are finding they are not making it financially. “They are in retirement for 10 years and their savings are running out and inflation is eating away at the lifestyle they’ve become accustomed to.”

Her recommendation is not the reverse mortgage but rather to sell your house outright if you can “stomach” the idea of moving. “You can only get so much money out of a reverse mortgage,” says the financial planner.

Phil Soper, the chief executive of Royal LePage Real Estate Services, agrees it is an expensive way to borrow but he can see the option making sense in some circumstances.

“You have someone who is older and quite sure they want to live in their home for an extended period of time and have limited other resources to draw upon,” he says, adding that the higher rate has to compensate for risk to the lender that your house could drop in value or you end up living in it longer than anticipated.

“In Canada, it’s been a pretty safe bet for reverse mortgage providers because over the long term, homes have risen 4% to 5% [annually],” says Mr. Soper.

As for the future, based on the strength of the housing market and the low savings rate, Mr. Soper says reverse mortgages just might become more popular.

“Conceptually, reverse mortgages are a way for people to consume the equity they have built up in their lifetime,” said Mr. Soper, who believes you provide for your children all your life so that home is yours. “If their wealth is tied up in their home, it will be something to consider.”

Housing market 10% overvalued in Canada amid condo risks, data uncertainty: TD executive – Ask a Vancouver Mortgage Broker

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imageTORONTO — Canada’s housing market is 10% overvalued, with the biggest risks in condominium overbuilding and uncertainty over how many investors are buying, but the risk of a U.S.-style collapse is low, a top executive at Canada’s second largest bank said on Monday.

Lisa Reikman, chief risk officer of Canadian banking at Toronto-Dominion Bank, said a spike in interest rates or unemployment could threaten Canada’s robust housing market, but the risk is fairly low.

Instead, TD Bank, one of the country’s top three mortgage lenders and a growing retail banking presence on the U.S. East Coast, is watching house appreciation and the growing supply of condominiums.

“The high-rise condo market is an area we’re certainly watching closely, and I think all of the other banks, as well and the regulator, (are watching),” Ms. Reikman said in an interview.

“Just by virtue of the fact there is a lot of new construction of high-rise condos, and there are some questions around … how many of those are being purchased by investors as opposed to people (who) are actually living in them as a primary residence,” she told Reuters.

Related Here’s why paying off your mortgage isn’t always the best idea Canada housing correction could trigger another recession, BMO report says Foreign investors have helped drive up Canadian real estate prices by parking their money in relatively cheap and plentiful real estate, but some fear that a sudden withdrawal of investors could leave a glut of condos and falling prices.

Ms. Reikman said the banks do not have much better data on investors than anyone else does.

“The data on that is less than perfect, so we don’t have a perfect line of sight … we rely on the buyer to basically be upfront and let us know if they are buying it to own or if they are buying it as an investment property,” she said. “You’ll find that that’s probably one area that all the banks will say is difficult to tell, as will the builders.”

While foreign observers, including the International Monetary Fund and the Organisation for Economic Co-operation and Development, have warned that Canada’s housing market is among the most overvalued in the world, the nation’s major banks have been more sanguine, saying there are structural reasons why the high prices are mores sustainable than they may appear.

“We think the (overvaluation) number might be — generally across the Canadian market — maybe about 10%, as opposed (to) the numbers we’ve seen from some of (those) external to Canada, anywhere between 30-to-60%,” she said.

The Canadian market cannot be compared to the U.S. sector before its collapse due to several factors: Canada’s requirement of insurance for mortgages with less than 80% loan-to-value; conservative underwriting standards; a tiny subprime market, and Canadian lenders typically keeping mortgage on their books, Ms. Reikman said.

“We look at all of those things and think there are some pretty fundamental reasons why the U.S.-style collapse can’t happen here or is highly unlikely to happen here,” she said.

© Thomson Reuters 2014

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CMHC: Expect higher Canadian house prices and fewer starts in 2014 – Ask a Vancouver Mortgage Broker

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housing-starts1TORONTO — Canada federal housing agency lowered its forecast for housing starts but not prices in 2014 and said sales and construction will be flat or barely higher in 2015 as the once-roaring market adjusts to a glut of condominiums coming onto the market.

Canada Mortgage and Housing Corp said the nation’s housing boom is coming to an end in what officials hope will be a soft landing as construction slows to more sustainable levels and sales and prices tick only slowly higher.

The CMHC said on Thursday housing starts will be in a range of 172,300 and 189,900 units in 2014, with a point forecast, or most likely outcome, of 181,100 units, down from 187,923 units in 2013. That is also down from CMHC’s February estimated of 187,300 starts.

The agency said there will be 160,600 to 203,600 units started in 2015, with a point forecast of 182,100, also a downwardly revised forecast.

Both forecasts represent a sharp slowdown from the 214,827 starts of 2012, when the market was at record highs and the government intervened to tighten mortgage lending rules.

“Builders are expected to continue to manage their starts activity in order to ensure that demand from buyers seeking new condominium units is first channeled toward unsold completed units or unsold units that are currently under construction,” Mathieu Laberge, deputy chief economist for CMHC, said in a statement.

Canada sidestepped the worst of the financial crisis of the last decade because it avoided the real estate excesses of its U.S. neighbor, and a post-recession housing boom helped it recover more quickly than its Group of Seven peers.

But the housing market began to cool in mid-2012 after the country’s Conservative government, worried about a potential property bubble, tightened mortgage rules. Demand fueled a strong rebound in 2013, and economists are largely predicting a softer but stable market this year.

The CMHC forecasts see homebuilding and sales leveling off, with prices continuing to notch small gains.

CMHC said existing home sales will range from 428,100 and 487,700 units in 2014, with a point forecast of 457,900 units. That’s down from February’s forecast of 466,500 units but little changed from 457,338 units sold in 2013.

For 2015, it expects a move up in sales to a range of 441,800 to 500,400, with an increase in the point forecast to 471,100, down slightly from its February forecast.

Price will continue to rise, and the agency even nudged up its forecast for price appreciation in 2014 given the strong start to the year, but said gains will slow in 2015.

CMHC’s point forecast for the average price calls for a 3.5% gain to $396,000 in 2014, and a 1.6% gain to $402,200 in 2015.

© Thomson Reuters 2014

CMHC probes how much Bank of Mom and Dad may be skewing real estate market – Ask a Vancouver Mortgage Broker

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CMHC probes how much Bank of Mom and Dad may be skewing real estate market

condo_construction.jpg.size.xxlarge.promoFederal housing agency trying to determine how much, and how often, parents are helping kids with down payments

Between 18,000 and 20,000 new condominium units are expected to be sold in 2014, says the Canadian Mortgage and Housing Corportation.

Ontario’s housing market remains “modestly” overvalued, and that may be, at least in part, because of “gifting” — baby boomer parents who are helping finance down payments on pricey homes their grown children couldn’t otherwise afford, according to the Canada Mortgage and Housing Corporation.

That’s why the federal housing agency has launched a study, trying to determine how frequently young buyers are making purchases backed by the Bank of Mom and Dad.

CMHC is also trying to determine how much money is being handed down to echo boomers by their baby boomer parents, the wealthiest generation ever thanks to skyrocketing house prices and inheritances from their own parents.

“It may explain some of the gap between what’s fair market value and what people are paying,” especially in the Toronto market where bidding wars and fierce competition continue to drive up house prices, says Ted Tsiakopoulos, CMHC’s Ontario regional economist.

“It’s not data that’s readily available. It’s hard to get at, but it could explain a lot on the overvaluation front.”

CMHC has already compiled some preliminary data from Canada’s banks, which account for about 70 per cent of all mortgage lending.

Lenders are seeing a growing number of applications now accompanied by so-called “gift letters” worth tens or even hundreds of thousands of dollars from parents, outlining how much they are contributing toward the purchase in an effort to ease the monthly payments their grown children will have to carry.

Economists are now trying to factor that wealth transfer into housing models to see if it’s actually skewing house prices and purchases. Traditionally, economists have tended to focus on house prices compared to income, prices compared to rents and the impact of low interest rates to better understand the ups and downs of the real estate market.

“We’ve captured most of the variables we think are important. The missing piece is this wealth and gifting,” says Tsiakopoulos. “Industry people (lenders) have told us it’s happening. What we want to do now is quantify it in our (economic) models to help us understand this modest overvaluation, because we’re missing something.”

Statistics Canada data shows that between 1999 and 2012, Canadians’ net worth grew by 44.5 per cent, and the highest growth was among those over age 55, says Tsiakopoulos.

“That makes the wealth piece more important today versus 20 or 25 years ago.”

The data is critical, says CIBC deputy chief economist Benjamin Tal, because “it could be a market driver we’re not aware of.

“This transfer of wealth may be generating demand that otherwise wouldn’t be there.”

In a market like Toronto’s, where the supply of homes for sale continues to lag demand, it would also explain the bidding war mentality among young buyers armed with all the free money they need from their parents.

Tsiakopoulos mentioned the study Thursday while discussing CMHC’s spring outlook report for 2014 which found the GTA real estate market remains “resilient” and modestly overvalued, but no where near bubble territory or a major correction.

Sales of existing homes are likely to increase over the next two years but price growth ease, says the forecast.

Even the much-watched condo market is holding up well.

“Between 18,000 and 20,000 new condominium units are expected to be sold in 2014 as the pickup which began in late 2013 continues into this year,” says the outlook report.

Rental is expected to be a major growth sector over the next few years, says Ed Heese, senior market analyst for the GTA.

That’s because echo boomers, who average 24 years old, now outnumber their baby boomer parents. Many are expected to remain renters for years to come. That should drive strong demand for rental condos, especially close to the downtown core, with another 10,000 or so likely to come up for rent this year as more units, many bought by investors, come to completion.

Rental rates, however, which have been growing strongly the last few years, are likely to ease, notes CMHC.

CPP investment arm has best year since 2004 – Consult with a Vancouver Mortgage Broker

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CPP investment arm has best year since 2004

cppib.jpg.size.xxlarge.letterboxFund which manages the retirement savings of 18 million people in every province except Quebec had its best performance since 2004 as private-equity returns surged.

The Canada Pension Plan Investment Board has invested in office towers being built in the Barangaroo area of Sydney, Australia. The development is typical of the private equity investment that lifted CPPIB’s returns to 17 per cent in fiscal 2014.

Canada Pension Plan Investment Board, the country’s largest pension manager, returned 17 percent in fiscal 2014, its best performance since 2004 as private-equity returns surged.

Assets rose 20 per cent to a record $219.1 billion from the same period last year and generated a record $30.1 billion in investment income for the year ended March 31, the Toronto-based fund manager said in a statement Friday. Private equities returned 30 per cent in Canada, 35 per cent in foreign developed markets and 37 per cent in emerging markets.

Canada Pension Chief Executive Officer Mark Wiseman said the gains were made even with “fairly priced” assets and challenges completing transactions in places such as India and China.

“My view is that in at least my career as an investor, this is probably the toughest market today to operate in as a value investor,” he told reporters.

The board’s 17 per cent return beat the 15 per cent median of Canadian pension funds in the 12 months ended March 31, according to RBC Investor Services.

The fund’s equity holdings in foreign developed markets grew 18 per cent to $75.6 billion from a year ago, and made up 35 per cent of its equity portfolio at the end of March. Its stake in Canadian equities rose 22 per cent to $18.6 billion compared with a year ago, for 8.5 per cent of its equity portfolio.

Emerging markets fell to 5.7 per cent of its equity portfolio at the end of March from 6.7 per cent a year ago.

Bonds made up 25 per cent of the board’s fixed-income portfolio, down from 29 per cent a year ago. Other debt rose to 5.2 per cent from 4.7 per cent while money market securities increased to 8 per cent from 4.8 per cent a year ago.

The fund, which manages the retirement savings of 18 million people in every province except Quebec, said it aims to continue to grow in foreign markets with 69 per cent of the fund invested internationally at the end of March, compared with 63 per cent last year.

“When you look around the world, you don’t see that assets are grossly overpriced, and you don’t see assets that are grossly underpriced,” Wiseman said.

This has forced Canada Pension to be “patient” and “pick its spots” in niche markets where the fund can leverage its long-term investment strategy to find value, like it did with the acquisition of Brazil’s Aliansce Shopping Centers SA, Wiseman said.

Facebook for condo dwellers? Vancouver entrepreneur launches social network for neighbours- Ask a Vancouver Mortgage Broker

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new-condos17rb1You’ve got Facebook for friends and LinkedIn for work associates. Now Joseph Nakhla thinks you need a social network for your neighbours.

The 40-year-old Vancouver resident is the founder of bazinga, which is designed to help neighbours connect to one another and to local resources.

Mr. Nakhla says he was inspired by his childhood in Egypt, where he grew up in a low-rise complex with five apartments. The people in those apartments helped each other out on a regular basis and grew close.

“I really felt a sense of community,” he says. It’s something that he thinks is generally lacking in Canada’s big cities. “I have a lot of friends that moved to Vancouver from other parts of the country that say it’s tough to meet people, and I’ve heard it in Toronto.”

Launched at the end of 2012, Bazinga enables all of the residents in a condo building or gated community or other form of neighbourhood to interact online. The social network has areas where residents can organize events or talk about local issues or ask for advice, and it also allows them to send private messages. People are using it to do things like set up potluck dinners and barbecues, share decorating ideas, and band together to lobby for local issues or talk about problems in their buildings.

The network also allows the developer or property manager to communicate with residents, and to upload a flood of documents, from notes from a condo board meeting to the owner’s manual for the microwaves.

At the moment about 400 communities or buildings are signed up, representing about 80,000 homes, Mr. Nakhla says. Its biggest market so far is Toronto, followed by Vancouver. Mr. Nakhla says his company has “good” revenues, but is not turning a profit yet.

For now, developers, property managers, strata or condo boards pay to sign up and then residents can access the network for free.

Mr. Nakhla says bazinga is more than just social. “There are all kinds of complaints about condo living and apartment living – logistical challenges, getting a hold of your property manager, you’ve got concierges and people that own the units and people that are renting – it’s a pretty complex ecosystem. So I looked at it and thought,‘Man, wouldn’t it be great to have a platform that brings everybody in.’”

Undoubtedly, there are many people who prefer to remain anonymous within their buildings, and who don’t want another social network.

“We’ve seen everything,” Mr. Nakhla says.

“We’ve seen people that are exceptionally social and put an avatar of themselves up, put their profession on there, put information about themselves. And we’ve also seen people that just put their initials.”

For those who prefer not to interact with their neighbours, instead of getting up at 2 a.m. to pound on the door down the hall because the music’s too loud, now they can make their feelings known from their smartphone.

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Canadian housing market on brink of downturn: report – Ask a Vancouver Mortgage Broker

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Canadian housing market on brink of downturn: report

housessale17.jpg.size.xxlarge.letterboxEconomist David Madani is reviving a prediction he first made three years ago — that what now appears to be a soft landing for Canada’s real estate market is likely to take a turn for the worse.

Economist David Madani is reviving a prediction he first made three years ago — that what now appears to be a soft landing for Canada’s real estate market is likely to take a turn for the worse. TORONTO STAR FILE PHOTO

Canada’s housing market is showing signs of “fraying” with slowdowns and even downturns already impacting some smaller cities and likely to hit still-booming Toronto and Vancouver in time, says Capital Economics.

In fact, economist David Madani is reviving a prediction he first made three years ago — that what now appears to be a soft landing for Canada’s real estate market is likely to take a turn for the worse.

“We still believe that the housing market is overdue for a longer-term correction of as much as 25 per cent,” Madani says in a note to clients released Friday.

“While the recent strength of Canada’s housing market has been astounding, the regional breakdown reveals that it has begun to fray at the edges,” says Madani.

He points as evidence to Canadian Real Estate Association housing statistics for April, released this week, which appear to show a pick up in house sales, but largely on the back of still-booming Toronto and Vancouver, says Madani.

In fact, sales and prices are already falling in Halifax. Regional markets such as Winnipeg and Victoria “are also experiencing a marked housing slowdown, with prices declining in certain areas,” he says.

Madani cites challenging economic conditions, high prices and tougher mortgage lending rules for what he expects to be an escalating downturn.

The most “troubling to the national picture” is Montreal where prices are on the brink of decline, says Madani.

“Despite low interest rates and a stable unemployment rate, it seems clear that the balance of demand and supply is almost as soft as during the recession in 2009.”

What Madani fails to mention, however, is that that market has seen a marked holdback by buyers who had been fearful the province could be severely impacted by the possible election of a separatist government.

Already, realtors are seeing some pickup in sales, especially of high-end properties, which is being attributed, in large part, to the election outcome.

“In contrast, house prices in the two largest and most overvalued markets, Toronto and Vancouver, are holding up for the time being, though partly reflecting fewer new property listings,” he says.

While the current ratio of sales-to-listings in Toronto points to price growth, at least for a few more months, of about five per cent, the picture doesn’t look so rosy in Canada’s priciest market. The sales-to-listings ratio in Vancouver “suggests that house price inflation will decline materially over the next few months.”

“Overall, with house prices already declining in some smaller regions, it may only be a matter of timing then before prices in other larger and much more overvalued markets begin to fall more sharply.”

Aging workers aren’t giving up on finding work, they’re simply retiring: RBC – Consult with a Vancouver Mortgage Broker

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Aging workers aren’t giving up on finding work, they’re simply retiring: RBC New study shows that the 6.9 per cent unemployment rate is likely not hiding people who have given up on finding work but indicates baby boomers 65 and older are leaving the workforce

workers.jpg.size.xxlarge.letterbox

OTTAWA—A new Royal Bank analysis suggests the Canada’s labour market is already starting to feel the impact of the aging workforce.

The RBC paper notes that, given soft job growth in the past year and the corresponding decline in the labour participation rate, it is easy — and likely inaccurate — to jump to the conclusion that many Canadians are becoming too discouraged to look for work.

But economist Nathan Jansen says the most likely explanation is just that the baby boomer generation is starting to retire.

The evidence for such a conclusion is there has been an increase in the number of Canadians classified as not in the workforce.

It turns out that 65 year olds and older are responsible for most of the increase in the not-in-the workforce category — not because they are discouraged but because they have retired, says Jansen.

He points out that back in 2007 Statistics Canada predicted that the participation rate would start to fall sharply going forward because of the aging population, with the decline becoming noticeable in 2011.

If the analysis is true, that is good news for policy-makers because it suggests the country’s current unemployment rate of 6.9 per cent reflects accurately what is going on in the labour force and does not hide a large number of discouraged workers.

But analysts have also warned that as baby boomers retire it will squeeze government budgets with higher costs for services such as health care and fewer workers paying taxes.

 

Toronto tops for speedy home sales: How does your city measure up? – Consult with a Vancouver Mortgage Broker

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Calgary might have the hottest housing market in the country right now, and Vancouver’s might be the priciest, but Toronto is tops when it comes to the speed with which homes are selling.

for-sale-signsThe homes that sold in the Toronto area last month were on the market for an average of 20 days. Homes that sold in and around Calgary, in contrast, were on the market for an average of 34 days before they sold.

In other markets homes generally take longer to sell. The average number of days on the market for homes in Greater Vancouver that sold in April was 43. Homes in Ottawa are taking an average of 45 days to sell. Edmonton homes were on the market an average of 42 days, in Regina 34 days.

In Montreal, single family homes were taking a whopping 91 days to sell, while condos were taking an average of 113 days.

I’ve gathered this information from local real estate boards in each city. Here’s a bit more detail:

Toronto:

The average number of days that homes were on the market was 20 for both the Greater Toronto Area and in the city itself. But there were variations – for example, it was 14 in Whitby and 44 in New Tecumseh. There are also differences depending on the type of home – detached houses downtown Toronto took an average of 14 days to sell, while condos took 28. Year-to-date for all types of homes in and around the city the average is just 24 days.

Calgary:

Homes are selling faster, but it hasn’t caught up to Toronto. Homes in the area in and around the city were on the market for an average of 34 days before selling last month, while homes in the city itself took 27 days. Year-to-date homes in the Calgary area have taken 33 days to sell, while in the city itself the number is 30 (down from 37 a year earlier). Single family homes in the city itself were on the market for an average of 25 days before selling in April (down from 31 a year earlier), while condos were on the market for 34 days (down from 41).

Ottawa:

Homes were on the market for an average of 45 days before they sold in April. That’s a few days less than the homes that sold in March.

Edmonton:

Edmonton’s homes were on the market for an average of 42 days, an improvement over the 49 days it took them to sell on average a year ago. Year-to-date homes have taken an average of 48 days to sell, down from 55 in the same period during 2013. Condos that sold in April were on the market for an average of 46 days, down from 58 a year earlier. Detached homes were on the market for an average of 38 days, down from 44.

Regina:

Homes that sold in April had been on the market for an average of 34 days, down from 35 a year earlier. They sold at an average of 97.5 per cent of the most recent asking price, compared to 97.2 per cent a year earlier.

Montreal:

Single family homes that sold in April were on the market for an average of 91 days, which was up by 9 days from a year earlier. Condominiums took an average of 113 days to sell, which was up 15 days.

Vancouver:

The average days on the market for homes that sold in Greater Vancouver last month was 43, down from 56 days a year earlier. Year-to-date it has been taking detached homes an average of 47 days to sell and condos an average of 48 days.

“Despite all the hype in markets like Calgary and Vancouver, the GTA is the only real estate market in Canada where houses are selling like hotcakes,” says Eva Blay-Silverberg, a communications professional who has been analysing data in the real estate industry for more than a decade.

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Six things to know about real estate deposits – Consult with a Vancouver Mortgage Broker

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When you make an offer on a house you have to put down a deposit. Here are some things to keep in mind.

buying_a_house.jpg.size.xxlarge.letterboxHere are some answers to common questions about deposits when you are buying a house.

When must a deposit be paid?

In Ontario, the standard real estate contract gives the buyer two choices; you can pay the deposit immediately when you make an offer, or you can agree to pay it within twenty four hours after the seller accepts it. Most buyers prefer the second option. If you are in a bidding war, you will be encouraged to come up with the deposit immediately, to show good faith to the seller.

Can the buyer get out of a deal by refusing to pay the deposit?

No. Once the deal is accepted, you can’t change your mind. If you do, the seller can sell the property again and if he gets less money than you were going to pay the seller can sue you for the difference, plus legal fees.

What happens if the deposit is paid late?

The seller has the right to cancel the deal. This is because all time limits matter in a real estate contract and if you are late, even by a few minutes, the seller can try and cancel. I have seen this happen many times, especially when the seller knows that there is another buyer out there who will pay more money. If you need more time to come up with your deposit, say so in your offer.

How much should a buyer pay as a deposit?

This is a tough question, and will largely depend on where your home is located. In Toronto, deposits are now usually up to 5 per cent of the sale price. In Brampton, it is closer to 2 per cent. In some areas of Ontario, deposits can be as little as a few hundred dollars.

Why does the deposit go to the seller’s real estate agent and not the seller?

If the seller goes bankrupt or disappears with the deposit, the buyer is not protected. When the deposit is held by the real estate brokerage, it is in trust and is also protected by insurance so even if the brokerage goes bankrupt, the buyer can get their money back.

If the buyer is unhappy with their home inspection, can the seller refuse to return the deposit?

This happens more than you think. A deposit cannot be released unless both the buyer and seller agree. If a seller believes the buyer did not act in good faith in trying to satisfy their condition, whether it is a home inspection, financing or a condominium status certificate review, they can refuse to release the deposit. This means it stays in the broker’s trust account until a judge decides who gets it, which can take years. As a precaution, buyers should consider making two deposits in their offer, a small one of say one per cent when the offer is accepted, and a second larger deposit once the condition is satisfied.

Understand the rules about deposits before you sign any real estate contract. It is expensive to change your mind later.

Related:

Mark Weisleder is a Toronto real estate lawyer. Contact him atmark@markweisleder.com


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