|What BREB is Doing?|
It is important that we all remained informed about COVID-19. As a precaution to our members and staff the following action will be taken immediately in light of the dynamic nature of COVID-19 developments.
While we are working to adjust to a new and rapidly-evolving environment, the board continues to maintain its service as we function remotely. BREB has launched the BREB Help Desk, should you require further assistance, a staff member can remotely access your computer from the convenience of your home or office.
|BREB Strongly Recommends Member Stop Conducting Open House|
In light of the Ontario State of Emergency and provincial government restrictions on public gathering, we are strongly recommending that Members stop conducting in-person open houses and continue to offer best practices due to the uncertainty of COVID-19. BREB is committed to protect the health and safety of its members, staff and the general public.
BREB will be suppressing open houses on Stratus and our public facing websites, breb.org, Collaborate and realtor.ca, until it is safe to restore.
BREB will also not enforce MLS R-345 (showings) while the current government health advisories remain in effect. Listings will not be suspended because a property is not available for showings or inspections.
We are at a critical phase with this pandemic and we all need to do our part to be successful in confronting this challenge. It is the brokerage’s decision in consulting with your clients, however we are highly recommending that this practice stop until further notice. We encourage the use of alternative online and marketing opportunities such as videos and virtual tours wherever possible, and to continue follow directives and guidance being given by the government and public health agencies.
We thank you for your understanding and will continue to monitor developments and provide further guidance as appropriate as the situation develops.
TEXT FROM RECO: “Real estate is an essential service, but it’s NOT “business as usual”
The Government of Ontario ordered all non-essential businesses to close by 11:59 PM on Tuesday, March 24, 2020 due to the COVID-19 pandemic. The government published exceptions to this order in their list of essential workplaces. Notably, the government has deemed real estate an essential service.
In short, the government has signaled that real estate trades may continue. But that doesn’t mean a return to “business as usual.” Ontario remains under a state of emergency, and registrants have a duty to follow the direction of health officials to minimize direct physical interaction. Embracing digital technology is essential in order to reduce the risk of COVID-19 transmission.
Earlier this week, RECO released updated guidance on open houses and showings. In particular, RECO strongly recommended that brokerages and salespeople follow the direction of health officials by declining to facilitate or participate in open houses, and by limiting showings to where they are absolutely necessary.
That guidance continues to apply.
There are many other situations during a real estate trade that typically involve personal contact, such as signing documents and in-person client communications. We strongly recommend that registrants look at technological solutions that can significantly reduce or eliminate the need for these in-person interactions, and discuss alternatives with their clients.
Possible alternatives include:
Am I allowed to continue trading?
Yes, the government has sent a clear signal that real estate trading may continue. However, health and safety remain paramount. Health authorities have asked all Ontarians to reduce or eliminate in-person interactions. We strongly recommend that you work with your clients to find technological alternatives.
Am I allowed to take new listings?
Yes, you may enter into new listing agreements with sellers. However, you are under no obligation to do so.
Before asking your client to sign a listing agreement, make sure they understand the services you are prepared to offer, and how those services will differ compared to what they might have expected from a typical trade prior to the COVID-19 pandemic.
How do I deal with tenant occupied properties?
Tenant-occupied properties pose particular challenges. Though tenants and landlords have respective rights under the Residential Tenancies Act, administered by the Landlord and Tenant Board, particular attention must be paid to the tenant’s health and safety.
Though buyers may want to see the home in-person before committing, you could reduce the number of in-person showings required by asking buyers to assess their interest through virtual options first. If they remain interested, you could work out a plan to safely view the property. Viewings should only occur with the tenant’s consent, however.
Please take great care to discuss with your seller the importance of considering the health and safety of tenants.
Please check the Landlord and Tenant Board’s website for ongoing updates related to COVID-19 and tenants.
I heard some salespeople continue to trade real estate in ways that go against the direction of health officials (for example going door to door to prospect clients). What can RECO do about that?
Everyone, including registrants, must take this crisis seriously for their own health and that of the general public. The Real Estate and Business Brokers Act, 2002 and the Code of Ethics include provisions that require registrants to practice with integrity, to promote the best interests of their clients and to act honourably and professionally. We take these matters very seriously. Registrants who demonstrate a blatant disregard for the protection of the public, by ignoring the direction of health officials during their trading activities, will face serious sanctions, including possible disciplinary prosecution by RECO.
If my client insists, do I have to agree to use paper documents, physical cheques and in-person communications?
No, as a registrant and business operator, you decide which services you are prepared to offer. You should make those decisions based on the most current guidance and direction of health authorities, which at present is to reduce or eliminate direct physical interaction that could promote transmission of the virus. Help your clients understand the importance of following current direction from health authorities and the risks that come with paper documents and in-person meetings.
Can my seller client decline to allow showings in advance, but allow buyers to make their offers conditional on a satisfactory showing?
There is nothing in the Real Estate and Business Brokers Act, 2002 that would prohibit such a practice. However, you should seek advice from your brokerage and legal counsel about the pros and cons before recommending such a clause to a client. When representing the seller, be sure they understand the risks that may come from this approach. Consider including language that would protect the seller in case the buyer then refuses to provide or unreasonably delays a final, written decision about whether they will waive the condition or not.
There is no clear alternative to certain in-person aspects of a real estate trade, such as home inspections or measuring the property to confirm dimensions prior to listing. What does RECO recommend?
RECO is considering these sorts of questions, but in this rapidly evolving situation, we don’t have all the answers. We are looking to the profession, which continues to develop innovative solutions to these sorts of challenges. We invite brokers and salespeople to share these solutions with their colleagues and their local boards.
How does the government’s announcement impact RECO’s services?
Though RECO has been identified as an essential workplace, RECO will continue to operate and provide information about COVID-19 and real estate. Please remember that RECO has no authority to direct the cessation of real estate trading in Ontario.
RECO has transitioned all of its staff to working from home, in order to continue to deliver key services while protecting their safety. RECO’s core services (registration applications, transfers, Mandatory Continuing Education and complaint handling) are all available online. For the latest information about RECO’s service delivery, please visit this page.
COVID-19 and the professional liability insurance program
Many registrants are asking if the professional liability insurance program provides coverage for claims arising out of events related to the COVID-19 pandemic. For information on this issue, please see this document from the insurance provider, Alternative Risk Services.
|Provincial & Federal COVID-19 Economic Response Plan|
|Canada's Wage Subsidy for Businesses
The wage subsidy will provide 75 percent of each employee’s salary for businesses of all sizes that can show they have lost at least 30 percent of their gross revenue since this time last year due to COVID-19. Businesses will have to reapply every month, and there will be severe consequences for anyone who tries to take advantage of the system.
The subsidy will apply to the first $58,700 of each employee’s salary and provide up to $847 a week per employee for up to 3 months, with a possible extension if the crisis continues. The subsidy is available to companies of all sizes, as well as charities and non-profits. Businesses will be able to apply through a CRA portal soon. The date will be announced later on by the government.It will take around six weeks for funds to start flowing to impacted businesses. For the full government news release, please click here.
Canada Emergency Response Benefit (CERB)
To support workers who lost their job due to the COVID-19 pandemic, the federal government has introduced legislation to establish the Canada Emergency Response Benefit (CERB) which combines the previously announced Emergency Care Benefit and Emergency Support Benefit into one simpler and more accessible program. CERB is a taxable benefit that will provide $2,000 a month for up to 4 months for workers who lose their income as a result of the COVID-19 pandemic and covers Canadians who have lost their job, are sick, quarantined or taking care of someone who is sick with COVID-19, as well as working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures. The CERB would apply to wage earners, contract workers and self-employed individuals who would otherwise not be eligible for EI. As such, Realtors would qualify for this program. The portal for accessing the CERB will be available in early April. For more details on the CERB, please click here. If you do not have a CRA MyAccount, you may wish to create one now if you anticipate applying for this benefit.
|COVID-19 DO's & DON'TS|
DO wash your hands for atleast 20 seconds, several times a day. Use soap and water or a hand sanitizer: