#BurlON til May 1st

Now that we are regularly getting temperatures in the double digits we can finally say…

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#BurlON til May 1st

#BurlON til April 24

We’re about midway through April and it’s warming up here in #BurlON so it’s the perfect…

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#BurlON til April 24

#BurlON til Mar 27

Hopefully Jack Frost has decided to pack up and leave Burlington, because spring is here!…

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#BurlON til Mar 27

#BurlON til Mar 20

It is officially the last week of winter! Hopefully for us here in #BurlON that…

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#BurlON til Mar 20

#BurlON til Feb 6

Heritage Month February is Heritage Month here in BurlON. Celebrate our city’s history with all…

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#BurlON til Feb 6

This Weekend in Burlington – July 22/23

Burlington is the place to be this weekend. Prepare to dine from gourmet food trucks,…

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This Weekend in Burlington – July 22/23

Town looking at short-term accommodation licensing in Oakville

Wednesday, May 3, 2017 – for immediate release

Town looking at short-term accommodation licensing in Oakville

Share your thoughts at May 9 Open House

How would you regulate short-term accommodation companies, like Airbnb? Community members are invited to an open house on Tuesday, May 9 to provide input into a proposed licensing bylaw.

Currently, short-term accommodations in Oakville are only allowed in properly zoned hotels and, bed and breakfasts. Despite that, nightly rentals offered through online platforms such as Airbnb, Flipkey and Homeaway are on the rise in improperly zoned areas of the town. At Council’s direction in the fall 2016, staff are studying short-term accommodation rentals in Oakville and how other municipalities are regulating it.

“Council wants to implement policy on short-term rentals that protects the livability and vitality of our communities,” said Mayor Rob Burton. “To do that effectively, we’re looking to residents to share with us their experience and insight into how this form of accommodation is affecting Oakville’s neighbourhoods.”

The town wants to consider both the needs of property owners, and residents of nearby short-term accommodations. During the open house residents can provide feedback on whether short-term accommodations should be permitted, and what rules and regulations they would like considered into a proposed by-law. Staff will be on hand to answer questions and gather comments.

A staff report to Council on September 25, 2017 will present the results of the public consultation process, information on the nature and impacts of the local short-term accommodation market, and recommendations on a proposed approach for short-term accommodation regulations for Oakville.

The May 9 open house takes place in the Black Box Room, Queen Elizabeth Park Community and Cultural Centre, 2309 Bridge Road. Residents can drop in any time between 6:30 and 8 p.m.

Anyone unable to attend the open house is encouraged to share their comments by completing the town’s online survey or email enforcementservices@oakville.ca.

Residents with accessibility needs who want to attend the open house are asked to contact Margaret Boswell by May 7 at 905-845-6601 ext. 3350 (TTY: 905-338-4200) or margaret.boswell@oakville.ca. If preferred, residents can fill in the online feedback form.

For more information, our Short Term Accommodation Licensing By-law Review page.


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New Year’s Eve & New Year’s Day Fun

As the clock winds down on another year, it’s time to celebrate the end of 2016…

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New Year’s Eve & New Year’s Day Fun

Birds love Burlington!

Who knew that Bird watching is the fastest growing hobby in the world?  And the beauty of birding is that an amateur like me has just as good a chance at making that rare bird sighting as a professional. One … Continue reading →

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Exercise Care and Skill

One of the duties owed to clients and customers is duty of care, defined as duty owed to clients and customers established by objective standard.

The duty of care to a client involves everything done (or that ought to be done) by the agent (i.e., the brokerage) for that client. A relationship is established by representation agreement. A relationship can also be established by verbal agreement or implied. The duty of care to a customer is more limited because they are agreeing to limited services from the brokerage, as outlined in a customer service agreement.

Regardless of whether one becomes a client or a customer, potential home buyers and sellers are consumers about to make one of the most important decisions of their lives. This makes them vulnerable.

As a REALTOR®, your obligation is to provide professional services and to treat all consumers with honesty and due care. You should also consider the following consumer vulnerabilities and address these with your client or customer.

1.  Representation confusion

Most consumers do not understand the complexities of a real estate transaction. They may not understand agency law, the duties to be performed, and representation (whose interests are being protected and why).

Your duty is to explain these concepts. You must disclose, among other things, the nature of the services you are providing, what alternative services are available through the brokerage, the difference between clients and customers and the obligations owed to each, and multiple representation.

The Code of Ethics requires REALTORS® to disclose in writing the nature of the services they are providing, and requires a signed representation or customer service agreement.

2.  Property inspections

The importance of having a property inspected professionally before purchase cannot be stressed enough. Ensure that your buyer clients understand this and advise them to seek out the appropriate professionals on matters such as structural components, electrical systems, environmental concerns, and municipal compliance.

If your client decides on a property inspection, include an appropriate condition in the offer and the buyer’s options should the inspection uncover structural deficiencies.

3.  Clauses 

Real estate agreements are complex. For example, OREA’s Agreement of Purchase and Sale has 28 printed clauses. Your duty is to ensure your clients have a clear understanding of these clauses before signing the document. Carefully review all clauses and conditions with your client. Ask questions if in doubt.

4.  Conditions 

It is prudent to include conditions in any agreement of purchase and sale that address matters such as mortgage financing, property inspections, sale of an existing home, and water wells or sewage systems. Customize conditions to address your clients’ specific circumstances.

There are two types of conditions:

•  condition precedent – calls for the happening of some event or performance of some act before the agreement becomes binding on the parties

•  condition subsequent – refers to a future event upon the happening of which the contract becomes no longer binding on the parties

5.  No ‘cooling off’ period 

A ‘cooling off’ period is a time period in which consumers can cancel transactions they have taken. This does not exist in real estate (except for timeshare agreements under provincial consumer protection legislation).

An agreement of purchase and sale is a binding contract. There are some exceptions when the contract can be rescinded. However, do not allow your client to sign an agreement without full comprehension of its contents.

6.  Respect deadlines 

Because real estate agreements are contracts, all terms contained within must be met.

Agreements may include dates regarding the taking action, forwarding deposits, and giving/receiving notices. These dates must be met. Failure to do so may result in the termination of the agreement and possible litigation.

7.  Finances 

Advise clients to get their finances in order.

If applying for a loan, advise clients that lenders will review their credit history, seek confirmation of employment and financial resources, and generally scrutinize their financial stability and capabilities.

If personal funds are limited, advise clients to refrain from acquiring ‘big ticket’ items and applying for new credit cards, and to pay their bills on time.

Remind clients of the additional costs involved in a real estate transaction, such as legal fees, title insurance, property inspections, and a variety of other issues incidental to each transaction.

Reference: Ontario Real Estate Association (2014). Real Estate as a Professional Career. Don Mills, Ontario: Ontario Real Estate Association.

 

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Exercise Care and Skill