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[溫哥華本地新聞] B.C. puts end to real estate self-regulation

http://www.theglobeandmail.com/r ... ry/article30681945/

B.C. Premier Christy Clark has put the province’s real-estate industry under government oversight, declaring the industry’s self-regulating body has failed to protect the public from cut-throat and illegal practices and has lost the public’s confidence in its ability to police itself.

The announcement comes a day after an independent advisory panel issued a report that included 28 recommendations for how the Real Estate Council of British Columbia should beef up its oversight ability to adjust to a market fuelled by speculation.


“The point of regulation is to protect people, it is to protect consumers,” Ms. Clark said. “The real-estate sector has had 10 years to get it right on self-regulation, and they haven’t.”

The panel was formed after a Globe and Mail investigation revealed that some realtors in Vancouver’s booming market put their financial interests above those of their clients, and the B.C. Real Estate Council did nothing to stop them.

But Ms. Clark’s government, which faces an election next year, concluded the improvements recommended by the panel would not be enough. The decision to bring realtors under government oversight makes B.C. an outlier: The real-estate industries in most other provinces, including Ontario, Quebec and Alberta, regulate themselves.

The Canadian Real Estate Association said it is reviewing the report. In Ontario, where Toronto’s housing market is also raising concerns about speculation and soaring prices, a senior government official said the province is “looking at many aspects of the real estate sector especially when it comes to the importance of affordability of home ownership,” but would not commit to any moves toward self-regulation.

Ms. Clark’s decision came as a surprise to the B.C. industry, but the outgoing superintendent of real estate, who chaired the advisory panel, said it should not have.

“It usually takes industry a long time to get self-regulation, so they are not going to be happy with it being taken away – but it wasn’t working,” Carolyn Rogers, who is leaving for a new job in Ottawa regulating the banking sector, told The Globe.

“It’s a cautionary tale – because there are other industries out there that self-regulate. It is a privilege, not a right.”

The Premier said her government would adopt all 28 recommendations the advisory group made to improve consumer protection. Those include more educational requirements and screening for aspiring realtors, hefty fines for wrongdoing – a maximum of $250,000 for agents and $500,000 for brokerages – improved consumer education, and more transparency and accountability.

Ms. Clark said the province will appoint a new, dedicated superintendent of real estate who will have authority over the council’s regulations and to implement the report’s recommendations. Currently, the superintendent’s job is part of the duties of the head of Financial Institutions Commission (FICOM). Those duties also include oversight of the pension and financial services sector.

Specifically, Ms. Clark confirmed the province will put an end to “dual agency” – where one realtor represents both buyer and seller – because of the inherent conflict of interest.

The panel’s report, and the Premier’s announcement, followed stories in The Globe that some realtors and brokerage firms were profiting from shadow flipping and other questionable practices. The panel’s report on Tuesday found the Real Estate Council is dominated by industry members who took disciplinary action reluctantly and tentatively.

B.C. real-estate agents have been self-regulated since 2005. The impact of skyrocketing prices and speculation in the housing market are expected to be huge issues in the election campaign. While realtors earn increasingly fat commissions in the Vancouver market, the government is under great pressure to curb any activity that makes buying or selling a home more perilous.

The Liberals have sparred with the City of Vancouver over ways to make housing more affordable, with the province reluctant to intervene in a way that could make things more affordable for buyers, but also cost homeowners some of the equity in their properties.

The BC NDP noted that ending self-regulation will do nothing to make housing in the province more affordable. The Opposition called on the province to create a task force of police, Crown prosecutors and auditors to investigate and prosecute fraud and money laundering.

The Real Estate Council of B.C. posted a brief statement after the Premier’s announcement: “The Council is ready, willing, and able to work with Government to implement the steps announced today,” it said.

Dan Morrison, president of the Real Estate Board of Greater Vancouver told The Globe he expects that most realtors will understand the government’s decision.

“I was a bit surprised – but we will deal with it and move on,” he said. “In hindsight, we all probably should have made more noise to improve our industry faster, and it didn’t happen. But we will just keep working to make it better.”

Don MacKay, a managing broker in Vancouver with 36 years of experience, said his industry got what it deserved.

“We couldn’t handle self-regulation. We should be able to self-regulate, but we couldn’t. I think we were not willing to have more people involved in our business,” Mr. MacKay said.

“Weeding out the bad apples should be pretty easy. All they have to say is, ‘I am sorry, we don’t want you in the business,’ but the council always seemed so reluctant to do that.”

重罰違規經紀禁雙重身分
卑詩房地產小組提28監管建議




http://www.mingpaocanada.com/Van/htm/News/20160629/vaa1h_r.htm


【明報專訊】卑詩省房地產議會成立的獨立地產諮詢小組(Independent Advisory Group,IAG),昨日就省內地產經紀的操守問題發表報告,並提出28項建議,包括將違規經紀的罰款由原本的1萬元大幅提高至25萬元,以收阻嚇之用。另外報告亦建議禁止地產經紀擁有「雙重身份」(dual agency),同時代表同一物業的買方和賣方,並指出房地產議會未有盡力執行現有的規例,導致公眾對業界失去信心,要求省府修例進行架構改革。

卑詩房地產議會(Real Estate Council of BC,簡稱RECBC)今年2月成立擁有11名成員的IAG,專責調查省內地產經紀的操守問題,包括備受爭議的「摩貨」炒樓行為,並於昨日發表長達60頁的報告,提出了28項建議。報告指根據現行條例,違規經紀的最高罰款為1萬元,而經紀行則為2萬元,但近年樓市成交價屢創新高,罰款金額已失去阻嚇作用,甚至被地產經紀視為「經營成本」,因此報告建議大幅提高罰則,把地產經紀的最高罰款提高至25萬元,而經紀行亦增加至50萬元。另外,報告亦建議省府賦予RECBC更大權力,向違規經紀實施行政處分。

現時有不少地產經紀會同時代表買賣雙方進行交易,而報告則指出經紀的職責是為客戶爭取最好的條件,而該「雙重身分」會形成買賣雙方的矛盾,違反經紀的基本原則,同時亦會導致不法經紀有機可乘,從中圖利。IAG建議RECBC修改條例,禁止經紀再以「雙重身分」進行交易。

IAG在報告中又指出,察覺到有地產經紀在放售樓盤時,故意隱瞞部分出價(offer),從而協助個別買家投得心頭好。另外IAG亦指出發現有地產經紀誇大出價的數量和金額,繼而游說買家加大「注碼」,賺取更多佣金。報告要求經紀行保留交易期間的所有文件,方便RECBC在有需要時進行調查,並建議長遠地應該設立電腦登記系統,容許賣家即時查閱出價的金額和數量,提高透明度。

報告又特別提到新移民和長者較容易被不法經紀利用,地產經紀為了提高成交量,不斷催促施壓,導致業主沒有考慮清楚便把物業放售。報告要求RECBC在這方面增加資源,阻止這種「壓迫式」或「捕獵式」的銷售手法。

倡確立投訴機制 舉報熱線

在改善處理投訴方面,報告指出省內11個地產局在處理市民投訴時,並沒有向RECBC匯報,建議雙方制訂溝通機制,地產局接獲市民投訴或有經紀被處分時,必須向RECBC通報。若情況涉及刑事,RECBC亦可以向執法部門提供相關資料協助調查。另外,報告亦提議為市民和地產經紀設立高保密度的舉報熱線,鼓勵更多人提出申訴。

IAG在報告中亦批評現時RECBC成員的組合過於傾向地產界,17名成員當中有13人來自該業界,並且由業內人士互相推舉產生,質疑未能照顧到消費者權益。報告建議省府修例,規定RECBC一半的成員要來自非地產業界。

IAG認為要確保地產經紀的操守和專業,最好的方法是由負責發牌的RECBC把關,阻止「高危人士」擔任地產經紀。報告建議RECBC處理新地產經紀牌照時,提高審批規格,以免有人只求入行「搵快錢」。

IAG主席羅傑斯(Carolyn Rogers)表示,當樓價瘋狂攀升,自然有人會透過不同渠道「搵快錢」,而以卑詩省現時的狀況來說,房屋已經不再是居所,而是投資工具,目前的制度已不能應付需求。她又承認,公眾對目前的監管制度失去信心,但IAG此次調查範圍,並不包括研究改動目前地產業自我監管的機制,至於應否成立獨立監管機構取而代之,她說這是省政府的決定。



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