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Kerry Vital
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Bosa Development’s Pacific Point started life as a rental building but has been completely re-done. Submitted photo

In the Lower Mainland’s busy real estate market, luxury and sophistication is tops on the lists of many buyers. Bosa Development ticks both of those boxes with Pacific Point, its condominium project in Vancouver’s Yaletown neighbourhood.

“Response has been overwhelming for Pacific Point,” says Bosa Sales and Marketing Manager Lisa Murrell. “There simply isn’t anything like it in Vancouver.”

Pacific Point was originally a rental building, but was purchased by Nat Bosa and converted into condos. Every suite has been completely redone, with new appliances, new decor and new plumbing.

The building holds 214 homes, ranging from 450 to 1,680 square feet. Buyers will find amazing views of False Creek, George Wainborn Park, David Lam Park, English Bay and downtown Vancouver from every suite, along with high-end kitchens, elegant living areas and gorgeous bathrooms.

The kitchens feature a quartz-slab backsplash, polished quartz countertops and stainless-steel appliances, complemented by undercabinet task lighting, an undermount sink and imported Italian Armony Cucine cabinetry with soft-close doors and drawers, which also appears in the bathrooms.

Laminate wood flooring is included throughout most of the main living areas, with large porcelain tiles in the dens and chic carpeting in the bedrooms.

The modern bathrooms have their own porcelain tiles and polished quartz countertops, as well as a fantastic soaker tub and an enclosed glass shower in select ensuites.

In-suite laundry facilities come standard in every home, as well as custom roller blinds and solid wood entry doors that will easily block out the rest of the world. Homeowners have the choice of two interior colour schemes, Latte and Grey, designed by Cristina Oberti Interior Design.

Bosa has long been known for amazing homes and its customer service focus, and this certainly continues with Pacific Point. Nat Bosa himself is a real estate legend in the Lower Mainland.

“Buyers know they are going to get quality and Nat Bosa’s value assurance backing the project,” Murrell says.

The Yaletown neighbourhood is known as one of the most vibrant in the city, and Pacific Point is perfectly situated to take advantage of everything that the area has to offer. Restaurants and shopping are right on your doorstep, as well as transit, entertainment, leisure and recreation. If you’re in the mood for some outdoor activity, you’re just moments away from the SeaWall.

At Pacific Point itself, you’ll find a swimming pool, hot tub, sauna, fitness studio and yoga area, and a residents lounge with a pool table, as well as a grand double-height lobby and concierge.

Homes at Pacific Point are move-in ready and start at $344,900. For more information, visit www.pacificpointcondos.com, call 604-685-0855 or visit the sales centre at 1323 Homer Street, Vancouver any day except Fridays, from noon to 5 p.m.

© Copyright BlackPress

Living the bright life at Imani Development’s Shine

Kerry Vital
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The sun is shining on Vancouver’s South Main neighbourhood with Shine, the newest condominium development from Imani Development.

Featuring a range of studio, one-, two- and three-bedroom floorplans ranging from around 500 to over 1,300 square feet, the 90 homes are exclusive and luxurious, with amazing views overlooking False Creek, downtown Vancouver and the North Shore mountains. The homes are situated on a quiet residential street, so you’re away from the noise and bustle of Main Street.

The contemporary kitchens feature high-gloss white upper cabinets with wood grain or high-gloss white lower cabinets, complemented by a quartz stone countertop, ceramic tile backsplash and stainless-steel appliances. Wide-plank birch laminate flooring is included throughout the main living areas, with carpeting in the bedrooms.

The bathrooms could be featured in a spa, with their deep soaker tubs, ceramic tile bathtub and shower surround and modern white or wood-grain cabinetry.

Buyers are able to choose between two designer colour schemes, and each suite includes a laundry area with a washer and dryer, for an extra little bit of convenience.

The South Main neighourhood has been growing rapidly over the past few years, and Shine is perfectly situated to take advantage of all the amenities the area has to offer. You will be within walking distance of schools, shopping, dining and transit, as well as leisure and recreation opportunities. Vancouver’s Olympic Village and the SeaWall are nearby, making it easy to get a bit of outdoor exercise if you’re in the mood. There are also several yoga studios and parks, along with two community centres within easy reach.

You’ll also find a large outdoor courtyard with a seating lounge, fire pit, barbecue area and portable outdoor movie screen on the property itself, as well as a rooftop deck with gorgeous city views, and an expansive lobby.

For more information, visit www.liveatshine.com, call 604-874-7478 or visit the sales centre at 2152 Main Street, open daily except Friday between noon and 5 p.m., or by appointment.

© Copyright BlackPress

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Teresa Walsh
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While RE/MAX Chairman of the Board and Co-founder Dave Liniger is famous for building one of the world’s largest and most successful real estate brands, he’s also renowned for his expertise in being ahead of the curve on key market trends. The next big wave in real estate, according to the industry icon? New-home sales. But capitalizing on the new-construction market of today will require an updated set of skills to meet the needs of a new demographic. “It’s essential for everyone to recognize that you can’t do today’s business with yesterday’s methods and expect to be in business tomorrow,” says the straight-talking Liniger in this exclusive Power Broker Report interview. Find out what’s driving the new-home boom and how to best meet the impending demand.

Teresa Walsh is a founder and owner of Dennis Walsh & Associates, Inc., based in Newport Beach, CA, which is recognized as real estate’s #1 source for training and sales tools specific to new home sales and residential construction. More than 150,000 have enjoyed CEO Dennis Walsh’s presentations and Certified New Home Specialist™ (CNHS), Residential Construction Certified™ (RCC) & 203K Specialist courses. For more information, visit www.sellnewhomes.com or call 800.428.1122.

Teresa Walsh: What do brokers and agents need to be most aware of regarding the significance of new homes in today’s market?

Dave Liniger: About three years ago, Fortune Magazine ran an article about the new-construction business, and they were right on the money. They talked about the challenges facing builders at that time, but also predicted a turnaround where there would be dramatic, long-term growth in new-home building.

For brokers and agents, now is the time to prepare for the changing face of the real estate market. New construction will experience robust growth for the next decade and account for a significant amount of our business. It’s important for real estate agents to expand their skill set to support new-homes business – to be well versed in the details of new construction and how to work professionally with builders and new-home buyers.

TW: What’s driving the current boom in new homes?

DL: As you know, everything in our business is driven by supply and demand. Right now, demand is high, but the supply of existing homes is low, so many potential buyers are turning to new homes.  Another factor driving this increased demand is household formation, which ran at historically low levels during the downturn. These numbers are now picking up substantially and are expected to exceed more than 1 million in 2013 and into the future.

We also have an increase in population growth as immigration continues, with a large number of these individuals and families buying homes in their first year. Some of these are homes that house multi-generational families, creating a demand for housing designed to meet their needs.

At the same time, these factors are driving increased demand from buyers; we’ve been experiencing a shortage of inventory in many markets across the nation. Although we expect more sellers to come back into the market over time, there is an undeniable need for builders to pick up the pace and deliver more housing of numerous styles and price points. The dramatic increase in housing starts we’ve seen over the last several quarters are clearly substantiating this – and demonstrating the beginning of a new-homes boom.

TW: How does new construction impact the overall real estate market?

DL: New-homes business has always been important for resale – there’s clearly a relationship between the two. Our ability to help buyers across both areas attracts more buyers overall. Think about buyers today who are throwing their hands up in the air frustrated because they can’t find existing homes to meet their needs. They’re competing with multiple offers and investors coming in with cash. In many markets we find very tight inventory, so new homes offer a compelling alternative.

TW: What advice would you offer for success in the new market of today and in the coming years?

DL: It’s essential for everyone to recognize that you can’t do today’s business with yesterday’s methods and expect to be in business tomorrow! You need to adapt. And any competitive edge you can get is important.

What are the competitive advantages you can get to create more business? You can find ways to increase your market share – you can build a brand name – and you can gain skills from education.

Builders are beginning to prosper again, so agents absolutely need to make sure they are prepared and arm themselves with education in new home sales. I’m very enthusiastic about new homes and urge everyone in real estate to prepare for the boom in new home sales.

Cheryl Rossi
Van. Courier

Pictured is the site for a new elementary school near International Village.

A new urban school is slated to open across from Andy Livingstone Park in September 2015. The Ministry of Education has hired Francl Architecture to lead the design team.

The International Village elementary school will be integrated into the Firenze development, at Expo Boulevard and Abbott Street. Firenze includes two residential towers, commercial space and a childcare centre. The school will accommodate 60 full-day kindergarten and 450 students in grades 1 to 7.

The school will be constructed at grade above an existing parkade. The preliminary proposal envisions a multi-storey building with the main entrance on Expo Boulevard and space for before- and after-school care. Andy Livingstone Park will serve as the school’s outdoor play area. The school will serve the downtown core and Northeast False Creek.

“It opens more area for the local community to have their child educated locally,” says Kelly Isford-Saxon, the board’s facilities project manager. “That whole area appears to be growing dramatically in terms of families moving in that area and continuing to raise children. At one time they would move downtown but once a child got to school age, it seemed to be more common practice for them to move out of the urban core to find a house… Now more families are electing to stay downtown and now we’re really looking at and dealing with those requirements of having children in a very urban population.”

Even though four classrooms for 100 additional students opened at Elsie Roy elementary in Yaletown last September, 39 families were turned away for lack of space, the board’s director of facilities, Jim Meschino, told the Courier last week.

Lord Strathcona elementary is serving as the “home” school for students residing within the International Village school’s attendance area until the new school opens. The future catchment area for International Village will be bound by Burrard Inlet, Main and Burrard streets, and run down Davie Street, north on Homer and down Nelson Street.

The design team will focus on how to integrate a school with a largely residential development.

“We’re talking about neighbours coming together,” Isford-Saxon said. “We’re a different neighbour and the requirements of our residents in the tower and their needs maintaining views, privacy and those kinds of things [will be considered], and, of course, our needs of operating a school during the day and having spaces available, hopefully for the community, in the evenings and weekends.”

© Copyright (c) Vancouver Courier

Danny Kucharsky
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CREA is waging a battle to win exclusive usage of the .mls domain name on the Internet.

The fight pits CREA against Afilias, an Irish registry company that has about 10 years of experience in launching, operating and licensing such domains as .mobi and .xxx.

Round one of the battle has gone to Afilias, which estimates it would have about 50,000 registrations for .mls after three years, should it win .mls exclusivity.

It all began when the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit group that oversees the Internet, decided to expand the number of top-level domain names (everything that comes after the dot on a website such as .com, .gov, .org) from a few handfuls to thousands of names.

While the applications are extremely complex, anybody can apply, says Bill Harrington, general counsel of CREA. As a result, “all of the major trademark owners across the world have been applying for top-level domain names containing their trademark.”

Since CREA owns a number of trademarks in Canada, including MLS and Multiple Listing Service, it decided to apply for the .mls domain more than a year ago. Says Harrington: “If you’re the owner of a trademark, you want to protect your trademark and if .mls falls into the hands of a third party and they start selling .mls domains in Canada, it will weaken CREA’s MLS trademark.”

In an attempt to win the battle for .mls exclusivity against Afilias, CREA applied for a Legal Rights Objection (LRO), a process open to parties that have a legal right to the term under dispute.  The process is being handled by the World Intellectual Property Organization, which has an arrangement with ICANN.

“If we had been successful in our LRO, that would have knocked Afilias out of contention,” Harrington says.

However, sole panel expert Sir Ian Barker ruled in July that “the panel cannot see the justification for refusing to allow the applicant (Afilias) to operate in every country because the objector (CREA) has a certification mark for a generic term in Canada. Had the objector’s certification been other than a generic term, its case might have been stronger but MLS is a generic term used in English-speaking jurisdictions.”

Furthermore, “whilst the objector’s certification mark may be tolerably well-known in Canada, it is not reasonable to forbid the universal use by its applicant as a (top-level domain).”

In other words, Harrington says, Barker decided, “‘Yes CREA, you have a trademark but that shouldn’t prevent global Internet users from using it.’ This decision is stupid for a number of reasons.”

The primary reason is that if CREA obtained .mls exclusivity, it would license it out to international users but would protect .mls in Canada, he says.

“The difficulty with any third party getting it is there is no protection in Canada. They will start marketing .mls in Canada and if someone else other than CREA is marketing .mls, there are substantial trademark problems. It could get into a battle that goes on forever.”

CREA owns the MLS trademark in Canada because “we were smart enough to apply for a trademark in MLS after the early 1960s.” While MLS is prominent in the U.S., it’s a generic term there. “Nobody owns it because nobody applied for the trademark registration.”

Harrington believes the National Association of Realtors (NAR) once tried to apply for the MLS trademark in the U.S., but by the time it did so, the term was so prominent it was just another word in the English language. “If a term has become common in the English language, you can’t apply to trademark it.”

Since MLS is a generic term everywhere but Canada, the adjudicator decided “we’re not going to let a Canadian trademark affect the global use of MLS,” Harrington says. However, “the reasoning is flawed because CREA would not prevent global use of MLS.”

Harrington says 10 other rights holders have filed similar LROs and have lost in every case. The reasoning appears to be that if you don’t have a trademark registered in every country in the world, the LRO will not be granted, he says.

The LRO loss doesn’t mean CREA has lost the chance for .mls exclusivity. It still has a number of available options.

For example, CREA can also proceed with a community application for .mls, which can be made by organizations that have some sort of association with the domain name at play. CREA has until October to decide whether to proceed with this option.

If CREA decides not to proceed with the application or is unsuccessful, the domain name goes up for auction and the bidder with the deepest pockets wins.

Aside from aiming to protect its unauthorized use by third parties in Canada, CREA has not developed a strategy for .mls use.

However, CREA has a strategy for .realtor and will be licensing the domain name to members.

The Realtor trademark is owned in Canada by Realtor Canada Inc., which is owned equally by CREA and NAR. In the U.S., NAR owns the Realtor trademark.

The groups were alone in applying for .realtor and have obtained exclusive rights to the domain name. “We’re going to have a North American strategy for .realtor. We’re going to be encouraging our Realtors to get a .realtor domain and we’re going to be marketing that as the place to be for real estate in Canada,” says Harrington.

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Two recent disciplinary decisions, not yet published, involve listings of new homes under the Homeowner Protection Act (HPA). The following information, which appears in the Professional Standards Manual (www.recbc.ca/psm/owner-built-homes-changes-to-the-homeowner-protection-act/), is published as a reminder to licensees about the requirements related to the sale of owner-built homes.

No person may build, sell or even offer to sell a new home except in compliance with the HPA. Under that Act, a new home is defined to include a home that is “substantially reconstructed”. Sections 20.1 and 22(1.1) prohibit the offer or sale of an owner-built home and new home respectively unless specified conditions are met. A licensee may not accept a listing of a new home unless and until the owner has complied with the requirements of the HPA.

When the HPA regulations came into effect on July 1, 1999, owner-builders were permitted to be exempt from licensing and home warranty insurance requirements provided that they built a detached, self-contained dwelling for their own personal use not more than once every 18 months. Owner-builders who sold their home within 10 years of completion were required to provide prospective purchasers with an Owner-Builder Declaration and Disclosure Notice identifying that the builder was not licensed and was not providing a policy of home warranty insurance; however a 10-year statutory warranty would apply, giving the purchaser some rights against the owner-builder should defects occur during the 10-year period.

There was a sizeable abuse of this owner-builder exemption, involving either an owner who was not actually Owner-builders must occupy the new home themselves for at least a year after obtaining an occupancy permit before renting or selling. Building or managing the construction of the home himself or herself or an unlicensed builder who was trying to avoid meeting the requirements of licensing and the cost to provide 2-5-10- year home warranty insurance for the home buyer.

As of November 19, 2007, changes to the HPA and Regulation regarding owner-built homes enhanced protection for homebuyers, including the following changes:

• Individuals planning to build a new home for their personal use are required to meet stricter eligibility requirements, pay a fee, and obtain an Owner- Builder Authorization from the HPO prior to commencing construction of the home.
• Owner-builders must occupy the new home themselves for at least one year after obtaining an occupancy permit and are not permitted to sell or rent the new home during that one-year period. The owner-builder is also not permitted to sell a new home during construction “as is” without permission from the HPO.
• Owner-builders who sell their home within the first 10 years after obtaining an occupancy permit are obligated to subsequent purchasers for defects in the new home during that 10-year period. The new legislation clarifies that an owner-builder’s obligations under the statutory warranty are similar to obligations of licensed residential builders under a policy of home warranty insurance. That is, 2 years for material and labour, 5 years for defects in the building envelope and 10 years for structural defects. The statutory warranty enables subsequent purchasers to sue the owner-builder for defects as set out on the statutory warranty. There are some reasonable exceptions to the statutory warranty (for example, defects caused by someone other than the builder, natural disasters) and these are set out in detail in the Regulation.

Licensees acting for either an owner-builder or a potential purchaser can check the HPO’s New Homes Registry (lims.hpo.bc.ca/prs/NewHomes/) to determine whether a new home built under an Owner-Builder Authorization can be legally sold as having met the occupancy requirement.

Buyers should be aware that the statutory warranty from an owner-builder is only as good as the owner-builder’s ability to pay and/or their ability to rectify the defects of the home. Factors such as ongoing financial stability, continued local presence and an owner-builder’s willingness to fulfill his or her obligations, may affect the buyer’s ability to seek recourse for these defects. Licensees acting for buyers of such homes should advise buyers to consider these issues in making their purchase decision.

Owner-Builder Disclosure Notice

Owner-builders who built their home prior to November 19, 2007 must continue to provide prospective purchasers with the old-form Owner-Builder Declaration and Disclosure Notice within the first 10 years after occupancy.

Owner-builders building under an Owner-Builder Authorization (after November 19, 2007) are required to provide an Owner-Builder Disclosure Notice, obtained from the HPO, to prospective purchasers within the first 10 years after occupancy. The owner-builder must advise the HPO of the occupancy date and the HPO does not release the Disclosure Notice until the one-year occupancy requirement has been verified. Subsequent purchasers are also required to provide the Disclosure Notice if they sell the home within the 10-year period. The Disclosure Notice will state that the home was built under an Owner-Builder Authorization, when the 10-year period started, and whether or not there is a voluntary policy of home warranty insurance in place for the home.

NOTE: A survey of owner-builders conducted in 2007 found that the majority of purchasers of owner-built homes did not receive a disclosure notice and did not know whether or not their home had home warranty insurance. Not providing a disclosure notice is an offence under the legislation and, thanks to stronger compliance tools now available to the HPO, the requirement to provide the disclosure notice will receive increased attention.

When a licensee represents a seller who is an owner-builder, or who is a subsequent owner within the first 10 years as required by the HPA Regulations, the licensee should insert a clause in the Contract of Purchase and Sale confirming delivery of the Owner-Builder Disclosure Notice as follows:

Receipt of Owner-Builder Disclosure Notice Clause

The Buyer acknowledges having received a copy of the Owner-Builder Disclosure Notice dated (date), prior to making this offer, in accordance with the Homeowner Protection Act and Regulations.

Permission To Sell

Despite the occupancy requirement for owner-builders, the HPA does allow an owner-builder to apply to the HPO on the basis of undue hardship for permission to sell during construction or earlier than 12 months after occupancy. For homes built under an Owner-Builder Authorization, applicants can download an application form from the HPO website and mail in the completed form along with any required supporting documentation and the applicable processing fee. Such approvals are not given lightly and conditions may be imposed on any approval given. An owner-built home may not be offered for sale or sold either during construction or earlier than the 12 months from obtaining an occupancy permit without approval.

Illegal Sales under the HPA

Licensees acting for either owner-builders or buyers can avoid becoming a party to an offence under the HPA by remembering the following:

• Owner-built homes may not be offered for sale or sold without providing the Owner-Builder Disclosure Notice to all potential buyers.
• For owner-built homes since November 19, 2007, Owner-Builder Disclosure Notices must be obtained from the HPO and will not be released until the one-year occupancy requirement has been verified.
• The HPO is advised by the Land Title Office whenever the title of an owner-built home is transferred and pursues enforcement action if the sale is illegal (which may include compliance orders, monetary penalties, court injunctions, or convictions under the HPA).

Licensees can assist owner-builder clients by advising that occupancy permit information should be filed early with the HPO (owner-builders can file using their online account) so the HPO will have time to verify the information and provide an Owner-Builder Disclosure Notice well in advance of any offers for sale.

Further information about the requirements of the HPA is available in the Professional Standards Manual (www.recbc.ca/licensee/psm.html) and on the Homeowner Protection Office website (www.hpo.bc.ca).