Canadian Funding Corp Reviews CMHC Sustainability Reports

By Brian Madigan LL.B.

Ordinarily, one would think that chattels are not included in an agreement of purchase and sale concerning real estate. And, most of the time they would be right.

However, this is not the case when we are talking about the sale of a business. Under the Real Estate and Business Brokers Act the term “real estate” is defined to include real property, leasehold and business whether with or without premises, fixtures, stock-in-trade, goods or chattels in connection with the operation of the business.

Bob operated a small electrical contracting company. After 25 years in the business, he felt that it was time to retire. In addition to the 10 trucks all clearly marked “Bob’s Electric”, he had recently purchased a minivan. Bob used this vehicle to get to work. He acquired it right at the end of the year so that he could maximize the depreciation. Bob listed the business and negotiated an excellent price.

You might imagine his surprise when it came to the day of closing and his lawyer had prepared a Transfer of the minivan for him to sign. Bob said it was not part of the deal. There was nothing about the minivan in the agreement of purchase and sale. This was true!

His lawyer reviewed the agreement and said that the definition of “real estate” when it concerned the sale of a business included chattels. Since the minivan had been acquired and used in connection with the business, no matter how remote this connection might be, the minivan was deemed to be part of the deal. The obligation rested upon Bob to clearly exclude it, if that was his intention. It did not have to be written into the agreement to become part of the deal. Silence meant the minivan was part of the deal.

So, on closing the purchaser received an assignment of the lease, the stock-in-trade, the fixtures, the 10 trucks, and to his surprise, Bob’s brand new minivan that he drove to work.

In addition, there is one more little problem here worth mentioning. Bob was attracted to the minivan because of the zero percent financing spread out over five years. You guessed it! The agreement of purchase and sale conveyed the title to the assets “free and clear of all encumbrances”. So, out of the funds due on closing, Bob had to pay off the loan on the minivan in order that the purchaser would get clear title.

This little glitch arises in many business transactions, but most of the time neither the buyer nor the seller are aware, and no one asks about the minivan that the owner uses to get to work. There was some good news however. Bob had been thinking about buying a Mercedes.

http://ontariorealestatesource.blogspot.com/2009/07/dont-sell-minivan-by-mistake.html

reviewed by Moishe Alexander, canadian funding corp CEO

The G-8 summit starts today in L’Aquila, Italy. The G-8 are the old guard: US, UK, Germany, France, Italy, Japan, Canada and Russia. And their opinions are starting to look a little redundant in the aftermath of the credit crisis.

The credit crisis has shifted the balance of power. Not since the days of the conquistadors has there been such an imbalance. Back then the Pope was the ultimate power and carved the New World in two between Spain and Portugal. Now it’s the split between old and new economies.

The levels of debt raised by the developed nations to bail out their banking systems is crippling compared to the emerging nations.  According to recent International Monetary Fund forecasts by 2014 the debt of economies in the developed world are expected to be more than 114% of GDP (up from 78% in 2006).  The forecasts for the emerging economies (including China) is just 35% (down from 38% in 2006).

With most of the developed nations in the worst economic condition since the second world war, the balance of power is clearly shifting in favor of the large emerging nations. China and India in particular.

Added to their new found lack of financial flexibility, the G-8 nations have another major problem: a lack of harmony in their thinking. Germany and Canada have been calling for a steady wind down of the emergency liquidity measures while the UK and US continue to favor pumping cash into the economies.

On the other hand the leaders of 5 major developing Economies (China, India, Brazil, Mexico and South Africa) are holding their own parallel meeting. This follows on from the first ever BRIC (Brazil, Russia, India, China) summit held last month in Russia. The developing powers are quickly putting in place their own structures and the old world is in danger of being left out of the new world order. The closer these developing powers become politically the less likely the dollar is to remain as the world’s reserve currency. Remember the BRIC nations currently hold some US$1.1 trillion of US government debt. At the BRIC summit Russia was calling for a move away from the US dollar.  It feels more and more like a whenrather than an if situation.

As investors, we are often faced with difficult decisions, especially those which involve putting cold hard facts ahead of personal feelings. We are entering such a phase now. We need to put aside our personal nationalism in the face of an obvious global power shift. Jim Rogers said in an interview last year that the best investment you could give your kids today is to buy them Chinese lessons. We agree.

As far as our financial portfolios are concerned we need to make sure we are having our piece of the emerging pie. There are unique risks to investing in the emerging world (e.g. political instability, weak legal systems etc) and you really have to do your homework. I would recommend keeping your exposure to less than 10% of your total portfolio. Also stick to highly liquid assets, like stocks and bonds. You don’t want to wake up finding that you never really owned that real estate you bought in China and it has been bulldozed to build a sports stadium, now do you?

http://www.contrarianprofits.com/articles/could-a-bric-alliance-crash-the-dollar/18846

reviewed by Moishe Alexander, CFC CEO

Housing construction makes gains in May after hitting 13-year low

When Toronto-based developer Murray Koebel put his housing project on the market last summer, he didn’t expect it would coincide with the stock market crash.

There was barely a nibble for seven months at his Vista Homes project in Pickering. So the Vista Homes president responded, like many other developers, by slashing prices by up to $30,000 on some of the units in his development, comprised of 45 single, detached homes and townhouses.

“Those were difficult times,” Koebel said.

But since February, he has sold 18 homes, or about 40 per cent of the development. That compares with the one or two he had sold in the six months prior. “Things really started to pick up in the spring, when people saw that it wasn’t as bad as they thought,” he said.

As a result, Koebel expects to break ground this summer and is cautiously looking around at future projects, a decided turnaround from a few months earlier.

The figures seem to bear him out: The market, while still slow with a recovery not yet on the horizon, shows signs of improvement. Canadian housing construction bounced back in May after dropping to a 13-year low in April, according to figures released by the Canada Mortgage and Housing Corp. yesterday, with seasonally adjusted housing starts hitting 128,400 in May, up from 117,600 in the month prior.

“With the Canadian economy poised to begin the recovery process by this fall, the worst of the residential construction recession might be behind us,” said BMO Capital Markets economist Robert Kavcic.

Starts also rebounded strongly in the Toronto-area market, up by 35 per cent in May to 22,000 units. Most of that was due to the volatile multiple family segment, which includes condominiums and apartment buildings. “After plunging precipitously since late 2007, and appearing to be in free fall in recent months, this rebound may be an indication the sector is perhaps stabilizing,” TD Securities analyst Millan Mulraine said.

The Ontario Home Builders’ Association said yesterday that builders, including Koebel, were seeing “signs of hope” and reporting increased traffic in their sales offices and model homes.

Activity is expected to pick up slightly in the second half of the year.

“Tighter resale markets in recent months, improving credit conditions and a backlog of sales awaiting construction are all factors that will boost activity,” said Ted Tsiakopoulos, regional economist for the CMHC.

Despite the positive figures, starts are still down 42 per cent in year-to-date figures compared with last year, at both the national and Toronto-area levels.

Analysts say the overall drop in starts to date is not necessarily a bad thing, since there has been massive overbuilding in some Canadian cities, particularly in the condominium sector, where more than 35,000 units in the Toronto area alone are already under construction and expected to be largely completed this year and next.

BMO expects the rate of starts to remain below long-term trends because there is too much supply already on the market.

“A sharp rebound is unlikely in this sector thanks to about six years of overbuilding – housing starts will likely remain below the rate of household formation through 2010,” Kavcic said.

One thing that should keep construction workers busy is the renovation industry, which reported $21.3 billion spent by consumers last year, up by $1.6 billion from 2007, according to a separate report by the CMHC.

Toronto Star

http://www.yourhome.ca/homes/article/647566

The report brought by Moishe Alexander, CFC CEO