Previously approved by CREA’s board of directors, subject to ratification of the national real estate association’s member real estate boards, the consent agreement makes it crystal clear that CREA and its member boards have no business dictating service levels for MLS® listings. Brokerages may opt to offer service levels that range from a “mere posting” where the brokerage’s responsibility would be limited to data verification and entry in the MLS® system, to a full slate of additional services which include showing the property, marketing and negotiation of purchase contracts.

CREA has always maintained that their MLS® rules do not prohibit brokers from negotiating limited service agreements with property sellers. One MLS® rule that did exist when the investigation began prohibited “mere postings.” The association has always maintained that the intention of this rule was only to keep members responsible for the accuracy of MLS® data in order to maintain the integrity of the MLS®, and that all other services were negotiable. In their initial response to the Bureau’s allegation that CREA’s rules were developed to prevent limited service models, CREA cited several examples of brokerages that were offering limited services, including MLS® listings for under $200.

Precise details of the agreement have been kept under wraps on the understanding that litigation before a Competition Tribunal scheduled for April of 2011 would proceed if the CREA membership voted against the ratification of the agreement. A full copy of the agreement which is immediately effective, and in effect for ten years, will be available on the Competition Bureau website as soon as it is registered with the Tribunal.

Memorandums released by CREA and member boards after the agreement was struck have not provided a great detail of detail, except for a few points of clarification in answer to erroneous news reports. In those memos, CREA has made the following points:

• The agreement would not allow public access to MLS® systems. Sellers wishing to utilize the MLS® would still need to access it through a REALTOR®.
• The agreement would not require brokerages to adopt limited service models.
• That an offer of compensation to buyer’s agents would be required for inclusion of a property on an MLS® system.
• That real estate brokerages would continue to be responsible for the accuracy of the data entered into an MLS® system.

In a memo to the membership of the Saskatoon Region Association of REALTORS® emailed shortly after the vote, executive officer Harry Janzen had this to say about the impact of this agreement on the Saskatoon real estate industry and consumers who utilize services offered by members.

The Saskatoon Region Association of REALTORS® has always been a progressive association in its delivery of services to its members and in turn, the consumer. In the mid 1980s Saskatoon saw the first of what was then viewed as an alternative business model.

Since that time, several brokers have chosen to offer services that assist sellers who prefer less than full service in the marketing of their property. The REALTOR® community in Saskatoon and area will continue to offer marketing services that philosophically align with their belief on how to best serve today’s consumer.

Consumers need to be aware that regardless of the service level they choose to receive from a REALTOR®, the REALTOR® must still comply with provincial law and the industry’s regulatory body the Saskatchewan Real Estate Commission. Two examples of Saskatchewan requirements are: An agency relationship must exist between the REALTOR® and the Seller based on the services chosen. Another example is REALTORS® are still responsible to verify the accuracy of MLS® data to ensure association MLS® system data integrity.

Given Saskatoon’s experience and history with alternative business models, approval of the consent agreement simply means business as usual for both REALTORS® and consumers.

Only time will tell the true impact of this agreement, but one thing is for sure; this REALTOR® is happy to see the end of this ugly battle, regardless of where it goes. I believe in free markets and competition. Availability of the broadest possible range of services is good for consumers and for real estate practitioners alike.

CREA President Georges Pahud comments on the agreement here.
Final agreement paves way for more competition in Canada’s real estate market: Competition Bureau
Read also: Canada’s Competition Bureau concludes CREA’s rules are anti-competitive
Read also: MLS rules and CREA headed for Competition Tribunal

Update: A copy of the consent agreement between CREA and the Bureau is here.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Our Saskatoon home search tool offers MLS® listings represented by all real estate brands, presented with more detail than you’ll find anywhere else. Check it out here.

Norm Fisher

Royal LePage Saskatoon Real Estate

One of the characteristics of an MLS® listing is an “offer of compensation.” The listing brokerage agrees to share the negotiated commission with any other brokerage that might bring a buyer who agrees to purchase the property. That offer of compensation is published with the listing data on the member based MLS® system.  In most cases, the compensation offered gets lower as the price of the home goes up. Most commonly, we’ll see something like what you see below.

3% on the first $100,000, 2% on the second $100,000 and 1% on the balance of the sale price.

Recently, I noticed an MLS listing priced at $399,900 with the following compensation offer.

0% on the first $350,000, 25% on the next $50,000 and 3% on the balance of the sale price.

If you were about to make an offer on this house would you want to know that your agent could be earning nearly two times the commission available on most listings in this price range? Would you want to know that your agent would earn an extra $250 for every additional $1,000 you agreed to pay?

Should you be entitled to full disclosure on this extraordinary and unusual compensation offer?

I think most buyers would want to know and I’m also of the opinion that they’d be entitled to know. Don’t be afraid to ask your buyer’s agent how he or she is paid and instruct them to advise you if you’re about to make an offer on a property that has any selling incentives or extraordinary compensation offers available on it. Better yet, understand that you’re really paying the fee and agree up front on how much it will be.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Real estate geeks can follow our daily updates on Twitter @norm_fisher.

Our Saskatoon home search tool offers MLS listings represented by all real estate brands, presented with more detail than you’ll find anywhere else. Check it out here.

Norm Fisher
Royal LePage Saskatoon Real Estate

Following a lengthy investigation, the Competition Bureau announced in early November that they believed some of CREA’s rules limit the options that real estate agents might otherwise provide consumers in marketing their homes if the rules didn’t exist. At the time, CREA indicated that they were interested in working towards a settlement and apparently; discussions have been ongoing since that time. In a Globe and Mail open forum today, CREA President Dale Ripplinger claimed that the two parties were “close” to reaching an agreement that would settle the dispute, and expressed that he was “surprised” by the bureau’s announcement that the case would head to a Competition Tribunal for resolution.

An overview of the issues identified buy the bureau as problematic can be found here.The Competition Bureau’s release on this matter is here.
CREA’s response to the Competition Bureau’s move is here.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Real estate geeks can follow our daily updates on Twitter @norm_fisher.

Norm Fisher
Royal LePage Saskatoon Real Estate

You’ll probably want to start by checking out your own haunts to see if you can find yourself captured on a Google map. Start by searching for an address, click on the map placement pin that identifies the location and then select the “Street View” link for a closer look. If you find something fun please share it in the comments.

Click image for a larger view

You can also find the Street View feature live and functional on all of the listings featured on our website, including the MLS listings database available under the Saskatoon Homes tab of the navigation bar. To use the Street View tool on any MLS listing, click the “Map/Walkscore” tab and then follow the “Street View” link just above the map image in the upper right hand corner.

Click image for a larger view

The map placements seems to be less than perfect but it’s pretty easy to move around and it’s kind of a cool way to get a look up and down the block of any home that you might be interested in.

It just keeps getting better. Have fun!

A tip of the hat to @dcramps for the heads up on the availability of Street View for Saskatoon, and a big thank-you to @billskrypnyk, Technical Director at MyRealPage for making it all work.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Real estate geeks can follow our daily updates on Twitter @norm_fisher.

Our Saskatoon home search tool offers MLS listings represented by all real estate brands, presented with more detail than you’ll find anywhere else. Check it out here.

Norm Fisher
Royal LePage Saskatoon Real Estate

The updates are live and functional now, available behind the “Saskatoon Homes” tab at the right side of the navigation bar, just below the header image on this page.

Check out the “Show More Options” link highlighted in the image below where you can select certain styles of home (bungalow, two-storey, etc.) or specify the type of garage you most prefer.

Even better, notice the “Kitchens” drop down menu which allows you to easily identify homes with rental suites (both legal and non-legal), and just as easily eliminate them from your search results if you’re not interested in having a suite in your home.

If you’re interested in an easy and effective home search tool, you must take some time to explore ours. Here are just a few of the advantages over realtor.ca.

• Updated far more frequently to give you quicker access to new listings from all real estate brands
• Search by neighbourhood, map, MLS number or property address
• More search fields for fully customized results
• Many additional data fields displayed including taxes, days on the market and more Cooliris slideshow functionality
• Mapping functionality for Google maps and Google Earth
• Neighbourhood “Walk Scores” which maps amenities in each area
• Save your favorite searches for easy access on return visits
• Enable and disable email notifications for new listings and price reductions
• Choose from numerous sorting and listing view options
• Save your favorite listings for easy review
• Mobile access to your account on an iPhone or a Google Android device
• Easy contact options for additional information with our assurance that you’ll never be contacted unless you ask for assistance

Please check it out on our Saskatoon Homes page. You won’t be disappointed.

My thanks to Bill Skrypnyk, Technical Director for MyRealPage and everyone else who contributes to the hard work that goes into delivering a great product. You’ve been super to deal with every step of the way.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Norm Fisher
Royal LePage Saskatoon Real Estate

For the record, CREA is a national association of REALTOR® members. All REALTORS® working in Canada are members of the association. CREA provides governance for the real estate industry at the national level and works in the interest of REALTOR® members. While I am a member of CREA, I do not a represent the organization and I have no authority to speak on their behalf. The following post reflects my opinions and understandings of what has transpired to date, based on a letter to members from CREA president Dale Ripplinger.

Here is a bit of a backgrounder and an overview of the policies, which the Competition Bureau has challenged CREA on.

In 2007, the membership of the Canadian Real Estate Association approved the “Three Pillars of the MLS® Mark” and Interpretations.

The Three Pillars of the MLS® Mark

1)    Membership – Only REALTORS® may place a listing on a Board/Association’s MLS® System.
2)    Agency – A listing REALTOR® must act as agent for the seller to sell the property and to assist the seller throughout the entire time of the listing contract.
3)    Compensation to Cooperating Broker – The listing REALTOR® agrees to pay to the cooperating REALTOR® compensation for the cooperative selling of the property.

The Interpretations of the Three Pillars of the MLS® Mark

1)    The listing REALTOR® shall receive and present all offers and counter offers to the seller.
2)    The listing REALTOR® shall be available to provide professional advice and counsel to the seller on all offers and counter offers unless otherwise directed by the seller in writing.
3)    The mere posting of property information in an MLS® system is contrary to CREA’s Rules. A “mere posting” occurs when the listing agreement relieves the listing member of any obligations under the Rules, including the obligation that the listing REALTOR® remain the agent of the seller throughout the term of the listing contract.
4)    The listing REALTOR® is responsible and accountable for the accuracy of information submitted to a Board/Association for inclusion in the Board’s MLS® system, and the Board/Association is responsible for ensuring that the data submitted to it meets reasonable standards of quality.
5)    Only REALTORS® are permitted to display the MLS® trademarks in signage, advertising, etc.
6)    Only the listing REALTOR® name(s) and contact information may appear on REALTOR.ca. The seller’s name or contact information shall not appear on REALTOR.ca or in the public remarks section of the MLS® system.
7)    In cases where a Board permits listings in which the seller has reserved the right to sell the property himself/herself, that fact shall be specified in the Board’s MLS® database.

The same year that these articles were passed, CREA was served a Section 11 Order, an investigatory order requiring CREA to produce documents related to CREA’s rules and the operation of an MLS® System. CREA has been engaged in regular discussions with the Bureau since the issuance of the Section 11 Order.

The Bureau ultimately concluded that specific aspects of CREA’s Three Pillars of the MLS® Mark and the accompanying Interpretations prevent innovative business models, and the potential “unbundling” of real estate services that could allow sellers to play a larger role in the home selling process, even while utilizing the limited services of a REALTOR®.

Specifically, the Competition Bureau has asked CREA to remove the “Agency” pillar, as well as interpretations 1, 3 and 6. Under the Bureau’s proposed remedy, the other two “pillars” would remain, and so would Interpretations 2, 4, 5 and 7.

It seems apparent, based on the articles targeted for removal that the Bureau would like to see REALTORS® having the option to offer limited services that do not bind the REALTOR® to meet fiduciary obligations that are normally assumed as a result of an agency relationship. Those obligations include accountability, confidentiality, full disclosure, competent care, obedience, loyalty, as well as protection and promotion of the client’s interests. If these obligations were removed, a REALTOR® could, on behalf of a seller, list a property for sale on an MLS® and then allow the seller to perform all of the other services normally provided by agents, for themselves. Some REALTORS have attempted to provide this minimum level of service and claim to have been ejected from membership as a result.

In the past, CREA has taken the position that “agency” is a key component of the service that a REALTOR® provides, and seemingly continues to believe that. I believe, that CREA would contend that all REALTORS® have the freedom to choose what levels of service they might provide to a seller, and determine the fee that they will charge for that service, but that the REALTOR® should continue to be bound as an agent, owing fiduciary duties of care to the seller.

CREA has also expressed concern that removing this particular pillar does not relieve the REALTOR® from agency obligations, as a matter of law and regulation. Even if the agency component were removed from the “pillars,” provincial and federal law and regulation would still bind REALTORS®. In fact, some of the interpretations which would remain if CREA agreed to remove those in question clearly imply the existence of an agency relationship, namely articles 2 and 4. In essence, the concern seems to be that REALTORS® could find themselves offering substantially limited services, which ultimately expose them to greater risk and liability resulting from a breach of fiduciary duty.

The Bureau has taken the position that if CREA does not remove the restrictions noted above, the Commissioner of Competition will initiate an application before the Competition Tribunal, a judicial body, which has authority under Canadian law to issue monetary penalties and prohibition orders.

CREA’s Board of Directors has agreed to work with the Competition Bureau towards a settlement, which would be presented to its membership for approval.

CREA is in the process of scheduling consultations with Boards and Associations across Canada to discuss the issue further.

Only time will tell how this all unfolds but we can hope that wherever it goes, it leads us forward and results in improvements to the real estate industry, for the consumer of real estate services.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Real estate geeks can follow our daily updates on Twitter @Norm_Fisher.

Our Saskatoon home search tool offers MLS® listings represented by all real estate brands, presented with more detail than you’ll find anywhere else. Check it out here.

Norm Fisher
Royal LePage Saskatoon Real Estate

“With sales on the rise and listings trending down, the sales-to-active listings ratio is trending up. The seasonally adjusted ratio has risen on a monthly basis for six consecutive months. Although the ratio is rising, the market characteristic is still indicative of a buyer’s market. Increasing sales and falling listings will result in a continuing trend toward a balanced market in the coming months.”

A summary of CMHC’s forecasts for 2009 and 2010 follows.

Read the full report for Saskatoon here.
Read CMHC’s national housing report here.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Real estate geeks can follow our daily updates on Twitter @Norm_Fisher.

Our Saskatoon home search tool offers MLS listings represented by all real estate brands, presented with more detail than you’ll find anywhere else. Check it out here.

Norm Fisher
Royal LePage Saskatoon Real Estate

Saskatoon MLS listings reached their 2009 peak during the week of May 18-22 when total inventory climbed to 1,528 properties and have been declining fairly consistently since that time.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

If you live in Saskatoon we’d sure appreciate hearing your comments about your neighbourhood. Please visit our “Saskatoon Neighbourhoods” page and let us know what you love about your community.

Norm Fisher
Royal LePage Saskatoon Real Estate

Located under the “Saskatoon Homes” button on the navigation bar, this powerful home search tool provides access to Saskatoon MLS listings represented by all local real estate brands. Regular data feeds typically result in new listings appearing here within hours of hitting the agent MLS, and well ahead of realtor.ca.

You’ll have options to search by selecting neighbourhoods, by drawing out a preferred geographic area on a Google map, by address, or by known MLS numbers.

Search results are delivered quickly and with a number of viewing options.  Results can be easily sorted to display by price, by listing date, or even by house size.

Without a doubt, the detailed listing view provides more information than you’ll be accustomed to seeing on any other public home search site, including realtor.ca.

The search tool works and provides full details on MLS listings with no registration required, but there is additional functionality if you don’t mind throwing your name and email address into a registration form. You have my promise that we won’t treat your registration as an invitation to spam you. If you need something, just ask. Otherwise, we’ll leave you to browse on your own.

Registered users can save searches to a private portfolio so they don’t have to be executed each time they return, but rather, selected from their list of searches. They can save their favorite properties to separate lists, rank listings using a star rating system, make notes on listings, and opt in or out of email notifications on changes to their saved searches (price changes and new listings).

There’s an awesome mobile component for iPhone and Android devices. Rumour has it that a Blackberry version is in the works.

Check out one of the quick search links that reside on the side bar under “Search Saskatoon MLS Listings” or customize your perfect search here.

Hats off to MyRealPage who developed and market the tool. Technical Director Bill Skrypnyk, along with his crew of top-notch programmers have been busting their butts to bring some huge improvements to the product over the past few months.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Norm Fisher
Royal LePage Saskatoon Real Estate

It uses your device’s GPS to position you on a map and it plots all Saskatoon MLS listings within one kilometer of your current location.

Have you ever driven by a real estate for sale sign and thought to yourself, “Hey, I wonder what the deal is on that place?” Well, wonder no more my friend, wonder no more. Just pull out your phone, open the bookmark and browse the listing details including all of the MLS photos and dozens of data fields.

It will continue to search nearby listings as you “pan” the map and it can “follow” you as you walk or drive and automatically update the search results.

If you see something you’d like to visit, you can call us or send us a text message directly from the listing.

It’s a web-based application so it requires no installation and it takes up virtually no room on your phone’s hard disk.

Simply open this link with your iPhone or your Android, bookmark it, and you’re experiencing the magic, now and forever.

But please, don’t keep this gem to yourself. Email it to all of your iPhone and Android friends (you can use that little blue email icon at the bottom of this post to forward it on). They’ll love you for it.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Follow our daily updates on Twitter @Norm_Fisher.

Norm Fisher
Royal LePage Saskatoon Real Estate

This application is brought to me by MyRealPage, the most kick-ass home search tool for MLS listings on planet earth, perhaps in the solar system.