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

With the Toronto Real Estate starting to grow month over month we are seeing more and more comparisons to average prices.

True, the month over month statistics show an increase in resales from January 2009. This is good because we sense at the very least a direction of the entire Real Estate Market both for the City of Toronto and the GTA as well.

It gives homebuyers and home buyers a sense of direction and this can definitly help in the purchase or selling of a home. Even different neighbourhoods will hold up their value even in a down Real Estate Market.

We like to follow Toronto Condos in certain Central Districts to do just that, find a direction the resales are taking not only in price but sales as well. We picked the bigger districts with the most sales top give a rounder view of the “averages”. A smaller Central District with just a few resale Condos in Toronto would give a different picture than another Central District with 700 sales.

http://torontocondos.wordpress.com/2009/06/15/toronto-real-estate-average-prices/

The Real Estate Council of Alberta has resolved to take the issue of fraud very seriously. It is a fact that of late many Alberta residents have been victimized by mortgage fraud upon being lured by promises of big returns. There have also been cases where some person has quite unknowingly allowed a fraudulent act to become a part of their action which has given shape to the plan of some fraud mastermind.

Mortgage fraud and the victims of fraud in real estate purchase

Mortgage fraud is defined as the material misstatement, misrepresentation or omission that is relied upon by an underwriter or lender for funding, purchasing or insuring a mortgage loan. The misstatement, misrepresentation or omission refers to the lies as also the white lies. In case a lender makes an advancement of mortgage money while telling any small lie regarding the borrower’s income, property value, intended use of property etc. then a mortgage fraud is said to have occurred.

Common victims of fraud are those who have purchased real estate whose values have been over inflated by a series of fraudulent transactions. In this way several consumers have had incurred huge financial losses and their credit ratings have been damaged.

Dealing with real estate related fraud in Alberta

This is a crime and you need be informed and armed beforehand to effectively combat the damaging influence of mortgage fraud. You need to beware when approached for opting for any scheme set to help make quick and easy money in real estate. Caution needs to be observed when your name is being taken down for credit purposes or when you are being asked to create or alter certain documents in a real estate or mortgage transaction. If you are suspecting that you can get involved in a fraudulent transaction then you ought to immediately report such suspicions to the Real Estate Council of Alberta (RECA) for them to take suitable action.

In an effort to reduce mortgage fraud relating to the real estate market of Alberta, Canada the RECA has taken up several initiatives-

- Efforts have been made to bring about a change in the industry by introducing mandatory mortgage fraud awareness course, improved investigative resources and processes, stronger sanctions against licensees involved in mortgage fraud and development of ongoing education processes incorporating mortgage fraud identification knowledge.

- There have been collaboration endeavors with other stakeholders and enactment of legislative changes and information sharing efforts extended.

- There has been made efforts to increase public awareness.
These will hopefully work towards curbing mortgage frauds to a desirable extent and make the investment in real estate in Alberta less risky.
Jason Uvios writes about on Dealing with Fraud in Real Estate Purchase in Alberta to visit :-

http://www.socialjury.com/632/dealing-with-fraud-in-real-estate-purchase-in-alberta-2/

Brought by Moishe Alexander, CFC CEO