The changes, which prohibit the real estate practice of dual agency and mandate increased agent disclosure, were originally scheduled for March 15. They will now happen June 15, to allow for clarification of the rules and provide adequate time for realtor education and training. (Graeme Roy/CP)

New real estate rules delayed after concern from industry

Superintendent of Real Estate agrees more clarity is required

New rules intended to improve consumer protection in real estate deals have been postponed for three months.

The changes, which prohibit the real estate practice of dual agency and mandate increased agent disclosure, were originally scheduled for March 15. They will now happen June 15, to allow for clarification of the rules and provide adequate time for realtor education and training.

The delay, announced Friday by B.C.’s superintendent of real estate, comes after considerable industry concern surrounding the implementation of the new rules.

In B.C. it is the Office of the Superintendent of Real Estate that sets the rules under the Real Estate Services Act, and it is the Real Estate Council of British Columbia (RECBC) that interprets and enforces the rules.

Last November, Micheal Noseworthy, B.C.’s superintendent of real estate, approved rule changes in line with a June 2016 report to the RECBC. The new rules aimed to eliminate conflict of interest and increase transparency by banning dual agency (the practice of representing both parties in a transaction), and forcing licensed agents to reveal in increased detail their representation and remuneration.

“The most complicated of these rule changes deals with the removal of dual agency – which has a considerable number of un-intended consequences – which impact consumer rights, and the practical application of real estate sales,” said Michael Ziegler, past president of the Canadian Real Estate Association and previous chair of the Real Estate Council of B.C.. “I think this is where the industry is out of step with government.”

Ziegler says that the industry supports consumer protection but it needs to be balanced with practical procedure.

When the RECBC posted its interpretation of the new rules on its website, realtors were shocked to see the dual agency ban didn’t just mean that they would have to release one client if a situation of dual agency arose. Instead, they had to give up both clients and completely step away from the sale. Licensees argued that the rule left consumers without representation and actually weakened consumer choice and protection.

A screenshot of the rule interpretation on Real Estate Council of British Columbia’s website

In a letter sent to Noseworthy dated Feb. 1, Jim Stewart, president of BC Real Estate Association, as well as nine presidents from real estate boards around the province expressed their concerns.

”We believe this interpretation could be damaging to real estate buyers and sellers with unintended consequences for consumer protection, thus undermining the intentions of the new rules…The response to date is usually one of confusion and incredulity,” the letter stated.

A delay was requested to give the Real Estate Council enough time to provide proper training in new management practices.

The superintendent responded on Friday (Feb. 9) with a letter back to Stewart and the board presidents, and an email to all licensees.

“My office is aware of the considerable industry concern surrounding the implementation of the new rules related to dual agency and enhanced consumer disclosures…It is clear that additional time would ensure a more successful roll out of the upcoming changes,” wrote Noseworthy, while announcing the implementation postponement.

Noseworthy also relayed that his office has been working with the Real Estate Council on how conflict of interest provisions should pertain to the dual agency prohibition.

“I agree that more clarity is required in this area. As such, I intend to publish rules for consultation that directly address how licensees should manage conflicts of interest involving competing clients so that they can continue to represent a party to the transaction. I believe this change will strengthen consumer protection,” he concluded.

Mykle Ludvigsen, manager of communications for the Office of the Superintendent of Real Estate, said it was never their intention for double recusal to be a part of the dual agency ban. Their intention was that a licensee would only have to step away from one side of the transaction.

The new rule will make B.C. the only province in Canada with a dual agency ban.

While the Real Estate Council website still reflects the original interpretation of the dual agency ban, updates are expected once the superintendent provides clarity.


 

keri.coles@oakbaynews.com

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Art thieves nab Castlegar statue

Desert Big Horn part of Castlegar Sculpturewalk collection.

Trail bus line readies to takeover Kelowna run

Silver City Stage Lines must have a booking site up by Sept. 30; two vehicles activated by Oct. 26

Syringa fires under control

After more than a month, the Syringa Fire Complex is not expected to grow any larger.

More burning prohibitions rescinded in southeast B.C.

Category 2 and 3 fires will be permitted in Southeast Fire Centre as of 1p.m. on Wednesday.

Kootenay West MLA addresses Trail acid spills

Conroy seeking answers to public’s questions

B.C. RCMP turn to Const. Scarecrow to shock speeders into slowing down

New addition will watch over drivers from a Coquitlam median for first-of-its-kind pilot in Canada

East Kootenay town considers public smoking ban ahead of cannabis legalization

Under the proposed regulations, anyone caught smoking or vaping in public will face a $2000 fine

B.C. woman facing animal cruelty charges after emaciated dog seized

Kira, a Rottweiler, had kidney and bladder infections

Kim agrees to dismantle main nuke site if US takes steps too

Kim promised to accept international inspectors to monitor the closing of a key missile test site and launch pad and to visit Seoul soon.

Dozens speak at Vancouver hearing that could see duplexes replace single homes

The city clerk says 73 people signed up to speak at the hearing that began early Tuesday evening and adjourned hours later with 34 speakers still waiting.

North Carolina gov pleads with storm evacuees to be patient

The death toll rose to at least 37 in three states Tuesday, with 27 fatalities in North Carolina.

North and South Korea say they plan to bid for 2032 Olympics

Moon and Kim announced a sweeping set of agreements including a vow to work together to host the Summer Olympics in 2032.

Russia’s reinstatement after doping scandal goes to a vote

The World Anti-Doping Agency is due to vote Thursday Sept. 20, 2018, on possible reinstatement of Russia.

Ontario wins stay on ruling that struck down council-cutting plan

The province had argued the stay was necessary to eliminate uncertainty surrounding the Oct. 22 vote, and the Court of Appeal agreed.

Most Read