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Edge News REALpac releases office green lease guide
REALpac releases office green lease
guide Market Watch: Consumer confidence hits
two year high Make the most of green
upgrades Clients who are interested in upgrading their heating systems can take advantage of the Ontario Home Energy Savings Program and the federal ecoEnergy Retrofit program which provide grants for retrofitting their homes. Homeowners can receive up to a combined maximum of $10,000 from both the provincial and federal government in grant money. Only homes that have undergone a residential energy efficiency audit by an energy advisor certified by Natural Resources Canada will be eligible for grants under the ecoEnergy Retrofit program. So what’s involved? Check for leaks and drafts A typical energy audit consists of a walk-through to assess the home’s insulation, heating and cooling systems and other energy uses. The home’s ventilation, leaks and drafts are then identified using a “blower door” depressurization test. An evaluation report is produced and the advisor provides an EnerGuide rating label for the home. The energy advisor will submit the file to NRCan, who will then transfer the file to Ontario to process the audit grant cheque. Once the audit is completed, the homeowner can choose which (or all) of the recommendations he or she wishes to implement. On completing the renovations, the homeowner should contact the energy advisor to perform the post-retrofit evaluation, and then submit the grant application. The homeowner should receive a grant cheque within 90 days of the post-retrofit evaluation. All renovations, whether completed by the homeowner or a contractor, should be documented with receipts, photos and product literature to ensure full credit is received. After participating and completing the program, homeowners can register for another eligibility period in the program and continue with additional renovations. Only energy advisors certified by Natural Resources Canada (NRCan) and employed by licensed service organizations can conduct energy audits under both programs. Licensed organizations can be found on the Natural Resources Canada website. Grants available When replacing any heating equipment, the new equipment must have an efficiency rating equal to or higher than the original equipment. If the homeowner is installing two new systems, the second system must be of the same type and efficiency. A table of grants available can be found at nrcan.gc.ca. Aside from the rebates (up to a maximum of $10,000), the actual savings from participating in the program depend on the home’s condition and the types of upgrades chosen. Participants typically reduce their energy use by up to 30 per cent. This translates into a savings of $450 on a $1,500 annual heating bill. Green Energy Act puts more focus on audits Among its provisions, Bill 150 included a requirement that all sellers of low rise residential units would have to produce a home energy audit at the time of sale. OREA was successful in getting the government to amend Bill 150, because while it supports the government’s Home Energy Audit Rebate Program to encourage the voluntarily assessment of a home’s energy efficiency, mandatory audits will add costs to the real estate transaction that will make home ownership less affordable. In the amendment to the bill, the government added a provision that allows purchasers to waive their right to receive an energy audit report provided they do so in writing. In addition, mandatory energy audits will no longer apply to leases or commercial properties and, in fact, will only apply to low rise residential units. The government has also indicated that home energy audit reports will be transferrable from the seller to the buyer. Currently, the Ministry of Energy and Infrastructure is planning to work with stakeholders to draft regulations governing the implementation of home energy audits. Once the regulation has been drafted, it will be posted on Ontario’s environmental registry at http://www.ebr.gov.on.ca/ for public comment. The Ministry has not announced a timeline for the implementation process. REALTORS® welcome EI benefits for
self-employed Canadians Beginning in January 2011, self-employed Canadians will be able to access Employment Insurance (EI) special benefits, such as:
REALTORS® who opt in to the program will pay the same EI premium rate as salaried employees in their province. They will not be required to pay the employer portion of premiums, which takes into account the fact they will not have access to EI regular benefits. Premiums, and resulting benefits, will be based on income. To opt into the program, REALTORS® must enter into an agreement with the Canada Employment Insurance Commission through Service Canada. REALTORS® will have to register online using My Service Canada Account at www.servicecanada.gc.ca. Those who enter into an agreement between January 31, 2010 and April 1, 2010, will be able to make a claim for EI special benefits as early as January 2011. REALTORS® who enter into an agreement with the Canada Employment Insurance Commission after April 1, 2010, will have to wait 12 months before being able to make a claim for EI special benefits. For further information: or to arrange an interview, please contact: Alyson Fair, Publicist, The Canadian Real Estate Association, (613) 237-7111 ext 2284, afair@crea.ca Mortgage brokers and agents licences up
for renewal The FSCO on-line licensing system Licensing Link is available for renewals until midnight March 31, 2010. You must ensure your principal broker has sufficient time to review and submit your application to FSCO or your risk not having your licence renewed. Those principal brokers, mortgage brokers or mortgage agents who have not renewed their licenses by March 31, 2010, but continue to deal and trade in mortgages, may be subject to fines & prosecution. Mortgage brokers and agents who choose not to renew their licence may allow their licences to expire. Mortgage brokerages have a continuous licence and do not need to renew the licence. If you wish to close your brokerage you must apply to FSCO to surrender the brokerage licence. Please contact FSCO to request a licence surrender declaration form. Mortgage brokerages must have a licensed principal broker at all times. Wired Office: Should you upgrade to Windows
7? Windows 7 improvements Improved media sharing and storage: Windows Media Player has been enhanced, and drag and drop features which were not previously available have been added. Improved home networking: The interface for connecting machines to a home network is now easier to use. Improved network security helps make home networks less vulnerable to hackers. Improvements to accessories: The calculator can now perform unit conversions, calculate fuel economy and auto lease payments. Wordpad looks similar to Microsoft Word, and has the word prediction feature (based on your writing style, can sometimes guess what your next word will be). Thinking of upgrading? Are you satisfied with your current system? If so, save yourself some time and money. Skip the upgrade for now. Windows 7 may look refreshed and have some new features, but any time you upgrade, there’s an investment of time and the potential for unexpected problems. Are you currently running Windows XP? Before you install Windows 7 you’ll first have to install Windows Vista, or do a full backup and then erase the contents of your hard drive. Are you a frustrated Windows Vista user? If so, do yourself a favour and get the Windows 7 upgrade. Windows 7 is more stable and secure than Vista and has some enhancements that you’ll appreciate. So many versions, so little time Here’s a brief summary of the various versions of Windows 7: Windows 7 Home Premium – makes it easy to create a home network and share all of your favorite photos, videos, and music. Windows 7 Professional – you can run many Windows XP productivity programs in Windows XP Mode and recover data easily with automatic backups to your home or business network. Using Domain Join, you can easily and securely connect to company networks. The entertainment features of Windows Home Premium are also included. Windows 7 Ultimate is the high-end version of Windows 7. It combines ease-of-use with the entertainment features of Home Premium and the business capabilities of Windows 7 Professional. For added security, you can encrypt your data with BitLocker and BitLocker ToGo. And you can work in any of 35 languages. Each package contains two disks: one with the 32-bit edition and one with the 64-bit edition of Windows 7. Make sure you know which edition to install on your PC. Installation To install Windows 7 on a computer currently running Windows XP, you’ll have to:
If upgrading to Windows 7 from Vista, the installation procedure involves:
Should I or shouldn’t I? Overall, upgrading to Windows 7 is recommended if you are running Windows Vista. Performance, security and ease of use have been improved. If you’re running Windows XP, you’ll have to consider if the gains are worth the effort to upgrade. Get to know MTO policies for real estate
signage The Ministry of Transportation (“MTO”) administers permit control within 800 m of a provincial highway under the Public Transportation & Highway Improvement Act (PTHIA). Permits are required for entrances onto the highway, construction of buildings, land development adjacent to the highway and placement of signs visible from the highway. “MTO has a provincial policy in place to maintain the efficiency of the highway system and to ensure public safety,” says Tony DiFabio, Senior Planner and Policy Advisor. “All development next to highways must comply with standards and requirements set by the ministry not only for safety reasons, but also for aesthetics as well as future expansion and highway widenings.” Although the policy guidelines are province-wide, DiFabio says REALTORS® and property owners should always check with the MTO office in their region. “Some regions may have site specific issues such as setback differences or other local requirements.” It’s important to note that permits for entrances to a provincial highway are issued to the property owner and are non-transferable. Anytime the property is sold, the new property owner is required to obtain an Entrance Permit from MTO to recognize their entitlement to retain the existing access connection. The permit also clearly states the permitted use of the existing entrance. “However, if the use of the entrance is not changing, there is no fee for obtaining a new Entrance Permit for a change in property ownership,” says DiFabio. When selling property that requires an entrance to a provincial highway, REALTORS® should consider drafting a clause indicating that Entrance and Sign Permits do not survive closing and should be a condition of the offer (obtaining or transfer). MTO also offers a free, pre-consultation service for proposed property purchasers or their REALTORS®, advising if the entrance to the highway is recognized by MTO, whether there are certain conditions as to the use of the entrance or whether the entrance is temporary in nature and therefore cannot remain if the lands are sold. Placement of real estate signs Although regular sized real estate signs do not require a permit, they must be situated inside the property limits of the parcel of land for sale. According to the MTO, signs placed within MTO’s right-of-way will be removed without notice to either the property owner or their agent. Placement of signs by private individuals within MTO’s right-of-way is also not allowed. This includes signs such as open house ‘A’ frames, portable read-o-graph signs, fingerboard signs attached to telephone or fence posts, or signs advertising directions to a property that is for sale at intersections, either on or off MTO’s right-of-way. DiFabio says understanding ministry requirements and procedures will prevent unnecessary delays or hassles during a real estate transaction. “A call to the local MTO Corridor Management Officer prior to property negotiations is not only good planning, but can often make the difference in a smooth transition of ownership from one party to another.” Depending on the specific situation, your client may require one or more of these permits: Entrance permits: new entrances to the highway, change in use of existing entrances (field use to residential use), relocation of existing entrances, paving of existing entrances, temporary entrances, change in ownership, change in design, altering any existing entrance. Building/land use permits: new building and structures, additions to existing buildings, wells and septic systems, underground and above ground storage tanks, fences and hedges, trees, shrubs, gravel pits, parking areas. Sign permits: All signs within 400 m of the highway (including temporary and portable signs) require ministry permits. Encroachment permits: All work and installations, municipal or private, within the highway right-of-way (including landscaping, placing of culverts or pipes, paving, etc.) require encroachment permits. For more information and permit forms contact your local MTO Corridor Office at www.mto.gov.ca or call toll free at 1-800-268-4686 or 416-235-4686. LEGAL BEAT: Conduct can create agency
relationship Offers were made for a unit accompanied by an OREA Confirmation of Co-Operation and Representation Form that indicated that the Listing Agent was representing the seller and that S was representing the buyer and would be paid the 2.5% commission under the MLS®. The offers were not accepted. The buyer called the Listing Agent directly to put an offer through her. She confirmed with the buyer and S that a BRA had not been signed. The buyer signed one with the Listing Agent. She reduced the total commission and an offer was accepted and the deal closed. The Listing Agent sent S a "finder's fee" of $1,500. The Small Claims Court judge decided that the buyer ignored S in order to cut him out of his commission without reducing the net to the sellers and thereby increasing the commission to the Listing Agent. The Listing Agent " appropriated to themselves the value earned by the labour of the plaintiff. They cannot retain it." S was entitled to his commission on the basis of "quantum meruit" to avoid an unjust enrichment to the Listing Agent. The Confirmation Form clearly indicated an agency relationship and an acknowledgement that S would be paid. The buyer and the Listing Agent were ordered to pay S the 2.5% less the $1,500 that had already been paid. Stoicevski v. Nelson, Carroll, Prudential First Choice MERV'S COMMENTS OREA NEWS Sponsors contribute to conference
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