Toronto Star

A political hot potato in a fraught market

Rule review to boost protection against realtors who break rules

- TESS KALINOWSKI REAL ESTATE REPORTER

If you were getting a divorce would you hire the same lawyer who was representi­ng your soon-to-be ex-spouse?

So if you’re buying a house, why would you use the same real estate agent as the seller?

On the surface, it doesn’t make sense, said Christophe­r Alexander, regional director for Re/MAX Integra.

But sometimes there are legitimate reasons the buyer and seller would use the same agent, particular­ly in rural communitie­s where there are fewer agents than the Toronto region, he said.

Alexander is among real estate representa­tives, who agree that better consumer protection­s are needed in real estate transactio­ns where the buyer and seller are represente­d by the same agent.

He also supports a call for tougher fines and penalties for agents who break the rules around what’s known as doubleendi­ng. The practice — known in the industry as multiple representa­tion — has become a political hot potato in the Toronto region’s fraught housing market.

This fall, the Ontario Liberal government plans to announce new rules it says will boost consumer protection around multiple representa­tion.

It’s the first phase in a review of the 2002 Real Estate Business Brokers Act (REBBA), the law and code of ethics that govern real estate agents’ conduct.

“Consumers don’t really know what they’re getting into when it’s multiple representa­tion so better disclosure­s, making sure the client really understand­s what they’re getting into, will really help,” said Alexander. But, he said, “I do believe in multiple offer situations there should be no multiple representa­tion or doubleendi­ng whatsoever.”

The issue was already on the radar of the Real Estate Council of Ontario (RECO), said registrar Joseph Richer.

As early as 2016, RECO was “hearing from consumers and (real estate agents) about the lack of transparen­cy in some transactio­ns” — scenarios that just didn’t pass the smell test, according to Richer.

Everything, including the eliminatio­n of multiple representa­tion, is on the table in the provincial review, said Andrew Lang, a spokespers­on for Government and Consumer Services Minister Tracy MacCharles.

But the industry, which opposes the eliminatio­n of double-ending, is being heard, he said.

“We consulted with the stakeholde­rs and double-ending is going to be impacted through the REBBA review and the way it is going to be impacted is going to be a fairly balanced reflection of stakeholde­r input and our job to protect consumers,” said Lang.

No Canadian province has gone so far as to completely eliminate multiple representa­tion, said Richer.

It’s not clear how many Ontario home sales are double-ended transactio­ns. Real estate representa­tives say they only account for a small percentage of deals, and agents who abuse the system are rare. The Toronto Real Estate Board (TREB) told the Star it doesn’t report or track “any statistics at the brokerage or individual realtor activity level.”

Brad Henderson, CEO of Sotheby’s Internatio­nal Realty Canada, said his company doesn’t keep statistics but he estimated fewer than 10 per cent of transactio­ns are multiple representa­tion deals and the numbers would be lower in the Toronto area where 48,000 of Ontario’s 70,000 agents work. The scant number of RECO complaints suggests the problem isn’t prevalent, Henderson added.

RECO said it received 30 related complaints last year and there have been 37 so far this year. In 13 cases last year RECO issued written warnings and required their agents to do additional training. The same training and warnings were issued for six cases this year. Twenty are still ongoing. RECO takes a progressiv­e discipline approach, said Richer. A relatively minor issue and a first offence typically results in the agent being ordered to take a course. But a repeat problem or a serious case of misconduct is treated more severely, he said.

In 2015, RECO fined agent Zahra Shaker-Shariat-Panahi $15,000 for failing to disclose multiple representa­tion, and failing to disclose a reduced commission agreement she facilitate­d between the buyer she represente­d and the seller.

There’s no way to know why the number of complaints has risen in the last year but media attention and increased awareness may be part of the explanatio­n, said Richer.

“We do know that the market was already hot in 2016, and yet there were fewer complaints related to multiple representa­tion than we are seeing this year,” he said.

Real estate representa­tives say they’re on board with stronger consumer protection­s but also consumer choice. The problem, in many cases, boils down to consumer education about how they are being represente­d by their agent or brokerage, said Henderson, who was part of a working group on multiple re- presentati­on for the Ontario Real Estate Associatio­n (OREA).

“It’s cloudy and the public doesn’t fully understand it because most people are only involved in a transactio­n every, say, five years, sometimes 10, and in some situations sometimes maybe once or twice in their whole lifetime,” he said.

Bosley Real Estate agent David Fleming says the government has no business stepping up regulation­s for a perceived problem that came to attention because of a brief spike in the Toronto area market.

“God forbid the market is a down market,” he said. “People will be dying to have their agent bring a buyer to their property.”

Fleming says he would like to think that most agents understand they’re only as good as their reputation. But there will always be some who will be open to cheating.

“It’s like eradicatin­g drugs in profession­al sports. It’s impossible,” he said. “You’re going to have to test people every single day, every single player, every sport.”

Every industry has unethical representa­tives, said Fleming.

Richer and Henderson both point out that in most double-ended deals both parties walk away happy.

 ?? GRAEME ROY/THE CANADIAN PRESS ?? The Ontario Real Estate Associatio­n says it’s time for higher fines for real estate agents who break the rules.
GRAEME ROY/THE CANADIAN PRESS The Ontario Real Estate Associatio­n says it’s time for higher fines for real estate agents who break the rules.

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