Electronic Signatures

USE OF AUTHENTISIGN

Electronic signatures make life easier, uses less paper and gives you better control of the signing process. It is also the way of the future. However, it does take some getting used to.

You will receive an email from me that looks like this:

Authentisign1

Note: If two of you need to sign, you will each receive a separate email and each will sign separately.

Read the message carefully because I will include instructions and details for each document to help you understand the actual documents that are included for signature.

Then click on the Pen Icon–Click here to sign.

This will take you to the Authentisign website, with a box entitled “Adopt a Signature”. You can do one of two types of signatures, choose a font—click on the Select a Font button. Click next to the font you like then click on Save.

Or, you can draw your signature. Click on the Draw your Signature button. This works well if you have a touch screen, simply use your finger and draw your signature. If you do not have a touch screen, you will have to use your mouse. Once finished click Next (or clear to try again). Now do your initials, then click Adopt Signature. Then click Accept.

Authentisign2

You will then be taken to the document ready for your initials and signature. Review the document just as you would any other so that you completely understand what you are signing…(this is when my initial message with details and instructions will help).

When you are ready to sign, click the red Start button at the top right hand corner.

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Then simply click on each of the places marked for initials and signatures…you will see the yellow box change to the style of signature you chose.

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NO need to date…each signature is date and time stamped automatically.

When you have finished your last signature, click on the Complete button at top right.

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Then click Complete Signing from the next drop down box.

Next, you will be asked for a Password, this is IMPORTANT, because this will allow you to access your signed documents and view the signing process.

Authentisign6

You will then get a Thank You for using this process. Your job is done!

PLEASE NOTE: Once you receive this notice, you can be assured that the document has been automatically EMAILED BACK TO ME AND/OR ON TO THE NEXT PERSON FOR SIGNING.

You can access the document and view the signing process by clicking on the Click Here highlighted on the Thank You page:

Authentisign7

Or, click on the highlighted Click Here, at any time, in the original email that was sent to you.

You will be taken to the Dashboard which will ask for your ID and Password, or will tell you that your signature has already been accepted…click on the Click Here highlighted on the left hand side.

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Enter your user name (your email address) and password (the password you created earlier).

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You can then see who has signed and who hasn’t, and navigate through the documents.

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You can leave the document in the Authentisign program for access at any time or print it for your files or save it as a .pdf.

Once you have done this once, it’s very simple…and, you will have to do it again for other documents such as Offers and Counter Offers.

.

.KathySignature

Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

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Important Warning: Kitec Plumbing

 

KitecWith the cold weather this winter, there’s nothing more comfortable than radiant heating, especially when it’s installed in your flooring or used for high-end treats like heated towel racks. However, if you’ve used a product known as Kitec in the installation of the radiant heat, some insurance companies won’t insure your home. This issue turned up in a house inspection recently and caught everyone by surprise.

Is this the new UFFI? It seems that the plumbers who originally installed Kitec have come to believe that if you have Kitec in your home, it will eventually cause a problem, not maybe but definitely.

If you have radiant heating in your house that is water heated and was installed between 1995 and 2007, call your plumber and have him or her certify that no Kitec was used. If you do find Kitec, the best thing you can do is replace it right away and join in the class action lawsuit at http://www.kitecsettlement.com to get some money to help the remediation.

What Is Kitec?

Sold between 1995 and 2007, Kitec is a piping system that was used both for carrying water throughout a home and supplying water to radiant heating systems. The Kitec system used brass fittings as well as blue and orange flexible piping, which was made from a mixture of polyurethane and aluminum. This system was initially thought to be a superior product to copper piping because the Kitec pipes are more flexible, easier to install, and less expensive than copper. In fact, many plumbers pushed for the use of Kitec over copper piping before it became apparent that the product was faulty.

Kitec was manufactured by the IPEX company, and has also been sold under a variety of other brand names including IPEX, PEX, AQUA, XPA, WARMRITE, Kitec XPA, AmbioComfort, Kerr Controls, and Plomberie Améliorée.

This is not the first time the IPEX company has come under fire for faulty products; in 1995, they recalled their brass compression fittings in both Canada and the US after it was discovered that the fittings reacted negatively with pipes, causing them to corrode and fail.

What You Can Get from the Class Action Settlement

If you’ve bought a home and discovered that it has Kitec in it, you may have trouble getting your home insured – it all depends on your insurance company. According to a 2013 article from the Nova Scotia Association of Realtors about the dangers of Kitec:

“Insurance companies assess risks based on their own claims experience, and some larger companies have not had enough bad experiences with Kitec to deny insurance. Some companies are denying insurance, however, most likely because they are not relying solely on their own claims experience, but avoiding all possible risks.”

Even if you haven’t been denied home insurance because of the product, you should still be able to receive compensation from IPEX in order to help you replace the Kitec.

In 2011, three class action lawsuits – one in the US, one in Québec, and one covering the rest of Canada – were brought against IPEX on behalf on anyone who owns or had previously owned a home with Kitec in it.

In 2012, all parties reached a settlement in which IPEX was forced to create a settlement account of US$125 million in order to compensate the claimants.

The settlement became effective as of January 9, 2012, and the deadline for filing a claim against IPEX is January 9, 2020, so if you believe you deserve compensation, be sure to visit http://www.kitecsettlement.com to see if you are eligible and to find out how to make a claim.

Sanela Kurtek.  This entry was posted in Toronto Real Estate News, March 5, 2015

KathySignature

 

 

 

Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

 

Secret Weapon–Bruce County Mapping

 

Looking for property on the Bruce Peninsula or other parts of Bruce County? Here’s a great tool to help you find out a lot of information on the property or properties you are interested in.

Bruce County Mapping is available to the general public. This program will provide you with the following major information: Lot size, legal description, property boundaries (not to be considered to be accurate), location, assessment information, tax information, satellite view, zoning, UTM co-ordinates…and much more. I’ll share what I know with you here…play with it and you will find it has many other uses.

Basics:

Go to: www.brucecounty.on.ca   (you can see the larger version of the images below by clicking on them)

Click Photo to go to Website

Click Photo to go to Website

 

 

Click on: Interactive Maps Tab, Click on “Go to the Page…”

 

 

 

Click on Photo to go to Website

Click on Photo to go to Website

 

 

Click on: The Pink Map (you may want to bookmark this page)

 

 

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Click on:  Query, in drop down box chose “Properties by”, then chose whether you want to use the address or the roll number (MLS #)

 

 

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Click on:  The Red Civic Address or Roll Number, on the right hand side of your screen

 

 

BruceCounty6From this, you will be taken to the actual property which will be outlined in red on the map.

 

 

 

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You will also receive a box with the property data…which includes Civic address (if there is one), roll number, legal description, assessment, property taxes, and property size.

 

 

At the bottom of the screen are a number of useful icons.  Always make sure you have made your icon choice first (so that it is hightlighted in red), then click on the location on the map.  The most useful are the zoom in and zoom out (+ -).  Use the “hand” icon to move around on the map.  The “i” icon will give you the data on any property that you click on.  The eraser will delete the outline around the property or any lines that you add…such as those you may create using the very useful measuring tool icon (ruler with two arrows and question mark).


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The above gives you the basics.  For more details on a property you will have to do some experimenting.  Here are the common searches that I do on a property.

Zoning.  At the top of the map, click on the “View” tab, then click “Layer List”.  On the right hand side, click on “Municipality-Specific” and then click on “Northern Bruce Peninsula” (or any other Municipality listed), then click on “Zoning” (even though it looks like it’s already checked).

 

 

 

BruceCounty10You will then get a new map with different colours on it.  These are the different zoning codes.  For instance, yellow is R2 (Resort Residential), the Grey is RU1 (Rural Residential) and the dark Blue is “EH” (you can get more information about EH zoning on my Blog at:  https://kathydimaline.wordpress.com/2015/03/08/what-is-eh-zoning/

To obtain a legend of all zoning, Click on the “View” tab, then click on “Legend”–you will get a colour coded list on the right hand side.

For all Northern Bruce Peninsula zoning by-laws, click here:  http://www.brucecounty.on.ca/assets/departments/planning/files/NBP%20Documents/NBP%20CBL%202002%2054%20w%20Office%20Consol%20Dec%202014.pdf#page=1&zoom=auto,-15,397

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Aerial Photographs.   Click on the “View” tab.  Click on “Layer List”.  On the right hand side, click on “Aerial Photography”.  Click on “Uncheck to simplify photo”…don’t forget to do this, even if it looks as though it is already checked.  Then click on the box next to “Spring 2010”.  You may have to wait awhile for it to come up.  You will have the property still outlined in red and be able to have a topographical view of that property with all it’s features.

 

 

 

 

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The Best Way to Get UTM Coordinates.  First, click on the “i” icon at the bottom of the screen.  Then, place your cursor on one of the corners of the property and click.  You will get a data box to the right, at the very bottom you will find the UTM codes (it’s not going to be 100% accurate, but will give you a very good idea).  You can then do each of the other corners.

 

 

 

This is a very useful tool.  I hope these instructions help.  Play around with it, you may find other uses.

Kathy

 

Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

 

What is “EH” Zoning?

 

Beautiful Swamp

Beautiful Swamp

“EH” stands for Environmental Hazard…it’s not as bad as it sounds. It’s just an area on a property that’s water. EH could simply be low lying water.  Because we are predominantly rock in this area it often takes longer for water to absorb into the earth, so it tends to stay around a bit longer than usual.

 

Swamp Beauty

Swamp Beauty

“EH” could be a swampy area, where the water on a property is a bit deeper than just lying water. Swamps can be beautiful and attract lots of birds and other wildlife. I personally own a gorgeous swamp…the photos here are from my swamp property.

 

 

Wave Action Causes Uprush

Wave Action Causes Uprush

“EH” could also be expected water uprush from the lake. If you own a waterfront property wave action caused by storms or changes in water levels can cause water uprush and is designated as such with this zoning.

Other EH properties could be government zoned areas for environmental protection.  If it’s an environmentally protected area, the government does not want that specific area disturbed.

One advantage of having EH zoning on your property is that you may be able to  apply to the Ontario Government’s Conservation Land Tax Incentive program and have that area of the property exempt from taxes…really! I have another Blog on this…but you can find more information at:  http://www.ontario.ca/CLTIP

How do you know that there is “EH” zoning on your property? This zoning is all mapped out on the Bruce County website at:  www.brucecounty.on.ca

EH is Dark Blue

EH is Dark Blue

Knowing if you have EH is important mostly to those who are buying or selling vacant land.  Simply because you want to know if it can be built on. When a property is being sold, all registered real estate professionals must inform you of this and any other zoning that may affect your future use of the property. Usually you will see it on a listing under zoning. In any case it is something you should always enquire about and be sure you know what it’s impact means to your specific needs.  The map to the side is an example of some properties with EH.  EH is designated as the dark blue section.

Here’s the link to the Municipal by-law regarding “EH” zoning: http://www.davismclay.com/EH.pdf

“EH” zoning on a property will affect it’s value.  Know it’s impact and how it affects you.

 

Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

 

Multiple Representation Demystified

Here’s a short video of my interpretation of Multiple Representation.

ContractMultiple Representation in a real estate transaction has been, and can still be, a controversial subject.  Yet, it is more common than most people think.  Just think about it…when you are interested in a property, who do you call…usually the listing Realtor.  Why, because their name and contact information is on the sign; their name and contact information is on MLS; and their name and contact information is on anything associated with that listed property.  You expect that realtor to be the expert on that property (and they should be).  So, it’s natural to contact the listing realtor.   Once you ask that realtor, or any other realtor in the same brokerage, to work for you on that property, you are in a Multiple Representation situation.

Multiple Representation is AN ACCEPTABLE PRACTICE, and as such, the rules of Multiple Representation are on each and every representation agreement, where both the seller and the buyer agree to the possibility of being in a Multiple Representation situation.

Here’s the link to a Listing Agreement (Clause #3, Page 2):  http://www.davismclay.com/ListingAgreement.pdf

Here’s the link to a Buyer Representation Agreement (Clause #3, Page 2):  http://www.davismclay.com/BuyerRep.pdf

Multiple Representation is not about a realtor’s personal greed, which some will have you believe…it’s about doing the job they have been hired to do.  Which is to sell the properties they have listed, and, help their buyers find the right property to buy.  And sometimes, the “right property” is a listed property within the realtors own inventory or brokerage’s inventory.

An unethical or “greedy” realtor is always going to be an unethical or “greedy” realtor, no matter how you cut it.

Not all realtor’s should be painted with the same brush.

Others say Multiple Representation is a conflict of interest.  However, the rules of Multiple Representation are such that any realtor (or brokerage) must work in the best interest of both the seller and the buyer.  Realtor’s are “supposed” to put the best interests of their clients before their own interests…and a good realtor always does this, no matter what the situation.

Hire a good, reputable realtor and no matter if you are in a Multiple Representation situation or a “Single Representation”, that realtor is always doing what is in your best interest!

If you want “your own independent representation”, 1) don’t call the listing realtor (or anyone else in the same brokerage) to show you the property, or, 2) if you do call the listing realtor tell them upfront that you want or have “your own independent representation” (it’s only fair) , and 3) tell “your own independent representative” that you don’t want to be in a multiple representation situation.   This is important because “your own representative” may in fact end up showing you and selling you one of their own brokerage’s listingswhich puts you in a Multiple Representation situation. 

 

 

Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

 

The Faithful Servant

Man Signing Contract

When you enter into a listing agreement or buyer representation agreement with a real estate registrant you become a CLIENT of the brokerage that that registrant is licenced with. That means that every registrant within that brokerage, including the owner, the broker of record, all brokers and sales representatives are held by LAW to owe specific duties to ALL clients. Your agent is a Fiduciary. The true meaning of Fiduciary is “faithful servant”.

What are Fiduciary Duties?

(For the purposes of this article,

  • The Terms registrant, agent, broker, sales rep, real estate professional, are all interchangeable
  • Registrant shall mean all registrants of a brokerage
  • Obligated shall mean within the bounds of the real estate transaction)

Fiduciary duties are generally broken down as follows:

LOYALTY

This is the most important duty a real estate registrant owes to a client. A registrant is obligated, to act at all times, solely in the best interests of the client, excluding all other interests, including those of the registrant. A registrant must be aware of all situations that could cause a conflict of interest, such as buying their clients property, or selling their property to a client.

An example of breach of loyalty is when a registrant buys a property listed with his/her firm, and immediately resells it at a profit. Such conduct is usually considered appropriate and lawful by persons who act at “arms length”, but a registrant would be considered to have stolen an opportunity for profit that rightfully belongs to the client.

OBEDIENCE

A registrant is obligated to obey a client’s lawful and reasonable instructions, even if the registrant doesn’t agree with them. The key word here is “lawful”, the duty does not include an obligation to obey unlawful instructions, such as instructions to not market a property to minorities or to misrepresent the condition of a property or to misrepresent a buyer’s potential to buy. However, if a seller tells a registrant to list a house at a given price, the registrant must obey the sellers wishes (if the registrant choses to work for that seller).

REASONABLE CARE (COMPETENCE)

A registrant is obligated to use reasonable care and diligence when pursuing the client’s affairs. The standard of care expected of a buyer’s or seller’s real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in “real estate matters” superior to that of the average person, and they must use that skill and knowledge in pursuit of a client’s affairs.

However, no registrant is expected to perform tasks or know information outside the scope of his/her real estate license. Real estate licensees are not expected to perform services normally provided by engineers, home inspectors, lawyers, accountants, or other professionals. If concerns arise outside the scope of a registrant’s responsibility, the registrant must acknowledge that and suggest that the client seek assistance from a reliable outside source.

DISCLOSURE

A registrant must disclose to his/her client any information relevant to the transaction in which the registrant has been engaged to assist. This includes any facts affecting the value or desirability of the property and all known relevant and material information. For instance, if a registrant notices a crumbling chimney on a house he/she is showing and fails to mention it, he/she would be in violation of his/her fiduciary duty to his/her buyer client. On the other hand, a registrant is not expected to know of problems that can not be seen or that should be uncovered by another professional.

A registrant’s duty of disclosure to his/her client must not be confused with a registrant’s duty to disclose any know material facts about the property value to non-clients (customers, general public, etc). The duty to disclose known material facts is based on a real estate registrant’s duty to treat all persons honestly. The duty of honesty does not depend on the existence of a client relationship.

A registrant must also disclose to all clients, at the earliest practicable opportunity, and in writing, any actual or potential conflicts of interest.

CONFIDENTIALITY

A registrant must not use information acquired for any purpose that is likely to cause the client harm or to interfere with the client’s business, now or in the future. In other words, a real estate registrant must keep confidential any information that may weaken a client’s bargaining position. For example, a registrant representing a seller can not disclose to a buyer what the seller is willing to accept. Conversely, a registrant who is representing a buyer is prohibited from disclosing to a seller how much that buyer is willing to pay.

The duty of confidentiality should not be confused with a real estate registrant’s responsibility to disclose known material facts about a property to potential buyers. The obligation to disclose such facts, including defects, is based on the registrant’s duty to treat all persons fairly and honestly.

ACCOUNTING

A registrant must account for and safeguard money, documents and property entrusted to their care. For example, registrants must ensure that a listed house is secure; that they know and keep track of the comings and goings; that they keep control of keys; and that a licensed registrant attends all showings. A registrant must ensure the deposit is safeguarded by the brokerage or lawyer until closing.

 

For further information on this topic you can go to:

http://www.crea.ca/sites/default/files/files/realtor%20code.pdf

or Google “Fiduciary Duties Real Estate”

 
Kathy Dimaline is a Real Estate Broker for RE/MAX Grey Bruce Realty Inc.  The comments on this Blog are the opinions, only, of Kathy Dimaline and do not constitute any legal advice or legal opinion and does not represent the interests or opinions of RE/MAX Grey Bruce Realty Inc., brokerage.

9 Things, For Sale By Owner Companies, don’t want consumers to know.

for saleBy Wes Hoover

1. They charge upfront (in most cases thousands). Agents don’t.

When it comes down to it, listing with an agent shouldn’t cost you a cent. I know you probably read that a few times. Agents don’t charge upfront, we only charge when results are provided. This gives you an advantage in more than one way. On the other hand I have heard of individuals paying upwards of $2,000 upfront just for a sign and a spot on a website, only to end up having their house listed and sold by an agent.

2. They aren’t held to any code of ethics.

Real estate agents across Canada are held to a strict code of ethics by CREA. They take the liability if something goes wrong. They are also held to higher standards in advertising and they have duties to you as a client.

3. Just because you’re a real estate professional does not mean you’re rich or overpaid.

This has been the fuel for many slanderous ad campaigns released by popular for sale by owner websites over the years. The truth of the matter is, if it was that easy and they got paid a “small fortune” to sell a house, everyone would get into the business. Selling homes is hard work. Agents often find themselves working for free and hoping to receive a commission.

Consider this situation: A buyer has his agent show him 30 houses over the course a month. The agent spends hours of his time to assist the buyer. The buyer decides not to buy. The agent has worked for free and lost money on expenses. This is a common situation.

4. They can’t put your home on the MLS system.

This system was built by Realtors for Realtors. No one is allowed to list a property on it unless they have a license to trade in real estate. These websites will just refer you to an agent (how ironic), often one from the other side of the country, to put your home on the MLS and nothing else. In most cases the listing won’t even be on your local MLS board, making it sometimes hard to find.

5. They actually petition agents to sell their houses.

After years of bashing the profession, certain for sale by owner websites are now calling on agents to come to their rescue, so they can take credit for selling homes. Tell me another business model where you ask your competition to do the work for you. This is really an admission of one thing – serious buyers go to an agent. Why? Because it will cost you nothing to buy through an agent.

6. They don’t have a real estate license.

This is something a lot of people do not realize. These so called “private sale” websites are just that. They are not licensed to trade in real estate or to give you real estate advice. They can’t even advise you on how to price your property because doing this would fall under an agency relationship and would be considered trading in real estate. That requires a license. These parameters are set in place to protect you, the consumer.

7. You pay them so you can do all the work.

Since these companies are not licensed to trade in real estate they are not permitted to represent you in a real estate transaction. This means they can’t answer buyer inquiries for you, show your home, host open houses, handle paper work, mediate negotiations, advise you on market conditions…and the list goes on and on.

8. Privates sales carry a stigma and uncertainties that make buyers uncomfortable.

Ever gone to view a private sale as a buyer? Then you know it can be extremely uncomfortable and limiting to view someone’s house with them in it. It can be even more uncomfortable to negotiate with them. On top of all this, private sales beg the question, why didn’t they use an agent? Is there something wrong with the house? If they are trying to cut costs now, did they cut costs/corners with repairs?

9. Agents don’t hate for sale by owners.

Wes Hoover webThese companies would have you believe that agents think FSBOs are ignorant. This isn’t the case. We get why you would want to go this route. It can be done, but just because you can do something doesn’t mean you should. Like many DIY projects you are putting yourself at risk. In this case you are taking a risk with the biggest investment of your life. It will not be an easy process.

In the end, in today’s buyers’ markets you need an agent who will work tirelessly for you to get your home noticed above the thousands of others on the market.  Just remember that limited service will always equal limited results and if it seems too good to be true, it is more times than not.

Wes Hoover is a sales rep with Moncton Area Homes Team, HomeLife Premier Property Group. 506-962-2522; Email wes@weshoover.ca; website buywithwes.com.