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New federal rules force realtors to seek IDs

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Canada AM: Ann Bosley, Real Estate Association
CTV Toronto: John Musselman explains the rules

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CTV.ca News Staff

Date: Mon. Jun. 23 2008 5:45 PM ET

New laws that kick in today will trigger major changes to real-estate transactions, as part of federal efforts to battle money laundering.

Under the new regulations, realtors will have to collect personal information from property sellers and buyers, such as their name, address, date of birth and occupation, backed up by identification such as a driver's licence or passport.

When dealing with foreign buyers, agents in Canada will now have to hire local agents who can vouch for the identity of the buyer.

The agents will be required to hang onto that information for five years and have it available for the Financial Transaction and Reports Analysis Centre of Canada (FINTRAC), if needed. Otherwise, the information will remain confidential.

The centre was established by the federal government in an effort to track suspicious property deals and prevent shady buyers from dumping large amounts of cash into property purchases.

Bill C-25, which was passed in 2007, demands several industries do their part to help put a stop to terrorist financing and money laundering.

It is estimated that nearly 63 per cent of money laundering is done through real estate.

ReMax reported having $2.6 billion in sales in 2007 in 67,000 transactions.

"Real estate agents have had legal obligations under the federal government's push to prevent criminal activity and terrorism since 2001," says Calvin Lindberg, president of The Canadian Real Estate Association. "In the first phase of compliance, real estate agents were required to report only suspicious transactions, or transactions involving more than $10,000 in cash," he said in a news release issued Monday.

Now, real estate agents have to complete a report on the receipts of all funds received during the transaction, not just for $10,000 or more.

If an agent is dealing with the corporation, they must collect corporate documentation and the names of the corporation's directors.

In cases where only one of the parties involved in the transaction is represented by the agent, identification must still be collected.

"Those buying or selling privately will be asked by the agent representing the other party involved in the transaction to provide proof of identity as well, and that record must be kept by the real estate agent involved in the transaction," the news release said.

Bob Linney, CREA spokesperson, said there are also ways to keep track of buyers and sellers who choose to complete the transaction without the help of an agent.

"Sales involving private sellers only are not covered by the real estate regulations," he told CTV.ca. "FINTRAC assumes they will be captured by regulations governing the banking industry now, and in addition by the legal profession when their compliance requirements kick in later."

The new regulations will be non-negotiable and buyers who are unable or unwilling to provide the required information will not be able to complete property purchases. Additionally, the agent would be required to walk away from the deal or report the buyer to FINTRAC.

In Ontario alone, 47,000 realtors will be subject to the new rules.

Over the next six months, the government will perform random spot checks on real estate transactions. But once that window closes, agents will face fines, or even jail time, if they fail to comply with the regulations.

The new requirements for realtors are part of regulatory changes that Finance Minister Jim Flaherty announced in December of last year to strengthen Canada's anti-money laundering and anti-terrorist financing regulations.

"The new regulations bring Canada's anti-money laundering and anti-terrorist financing regime in line with the international standards set by the Financial Action Task Force, a G8 created body," states a news release from FINTRAC.

Comments are now closed for this story

Roger T
said

Our country is soooo behind in everything. Events have to happen before the Gov't takes actions on preventing situations. Wouldn't it be better for our Gov't to implement laws and rules with advance thinking rather than wait til things happen and catch it. Our society would be much better and safer with stricter laws.


Barb
said

What happens if you sell your house yourself? (i.e., no realtors involved)

Are private citizens expected to collect information and keep records for 7 years?

And isn't this a method by which to get around these regulations for those money launderers they are trying to catch?


Realtor in Hamilton
said

This new law is going to create headaches for law abiding individuals, just as the gun registry has. I'm curious to see how many Realtors will actually take the time to fill out these complicated forms - and how many clients will simply refuse to fill them out.


LLOYD
said

What if you sell privately without an agent...do the same laws apply? Will your lawyer need to take a more active role in screening the buyer?


Nancy
said

I am a home owner and am very happy that these new laws are now in place. My biggest fear is some one taking over my house without me ever knowing aboutit. I recall a story on the news where by a senior was renting out his paid home and the fraudulent renters stold his home from him right under his nose!!!


James
said

As always, our government meddles in everything else but do their own job. This is going to affect the housing or property market and the foreign investors that are looking to purchase property here in Canada.


EG
said

It's hardly complicated. All you have to provide is a driver's license, passport or birth certificate. We don't even need to photocopy it, only take down the info.

One extra minute to write down the info is not a big deal. It probably won't help with fraud but it's worth a shot.




peggy
said

It's always the decent, law-abiding citizen that pays for the criminals.


Nick T
said

To: Realtor in Hamilton

It clearly states that the purchase would not be completed. I doubt anything can be done about that. I'm sure that FINTRAC also has the ability to block it/step in otherwise...

To: Barb

Everything still has to be registered through lawyers and the Registrar, etc.... I'm someone in there is responsible for collecting and keeping that information....


Inversity
said

to: Realtor in Hamilton,

If a client refuses to fill out the complicated forms, there will be no real estate deal...or the agent could be charged.

That's the way it's been, as far as enforcement, with the complicated income tax forms, and anyone who refuses to fill out the complicated forms (or have someone else fill them out, with all the details) and sign the papers, is subject to the penalties in the laws.

Anytime a new law is introduced, it is treated with suspicion, but after many years, the population (except for a few) get used to the law and abide by it--even if they still detest it.

Of course, there will always be those who search (and often find) loopholes in any law, and use it to their own advantage, no matter how rigorously the law is enforced...


Richard
said

Why aren't lawyers subject to FINTRAC as well?


Dan
said

I just bought a home, and my agent asked me all these questions and demanded photo ID before she let me buy a home. A good call on her part - given the shady deals that take place from time to time. I am glad this is now a law.


wendy
said

I worked as a real estate office administrator. Let me tell you...real estate offices aren't secure.
What happens to our info should an office get broken into. I'm sure more will be broken into now that criminals know our info is there. This is the most ridiculous thing I've ever heard of!


David
said

I am sorry this law creates a little inconvenience for some, but I don't want a grow op next to me, or some drug dealer who paid cash for his house.

People who oppose this law either don't understand the intent of it, or are profitting from the loopholes.


Alberta Resident
said

It is about time.
There is significant evidence that money is being laundered in the Alberta Real Estate Market. You can also see signs all over the place that say "Will pay Cash for Houses". I personally brought some of this up with FINTRAC over a year ago, when there was announcement that the criminals were laundering money buying and selling used vehicles using simmilar signs. The housing market is hyper-inflated in Alberta already, we don't need more "speculators" buying houses. I have found that some landlords are requesting rent and utilities are to be paid only in cash, but FINTRAC was not interested in looking into that 6 months ago.


LB
said

What about fake ID? How's a Realtor suppose to determine if the ID is real or fake?


ARJAY
said

Considering the fiasco that resulted in the states from the Republican deregulation of the housing market, it hardly makes sense to complain about the govenment requiring more checks and balances to ensure that resestate transactions are legitimate. We actually need more procedures in place to prevent crooks from defrauding banks through identity theft that victimizes innocent citizens.

One another note, why is it that conservative people object to government inferference when it comes to the gun registry and their most valuable asset, their homes, but are quite happy to have Big Brother snoop into whether or not people can smoke marijuana in their own homes, or whether gay people can be married?

Conservatives seem to worry more about their property and guns than about people's civil liberties. Anyone else find that curious?


Joey - honest & hard-working
said

So now that we are focused on real estate, what are we going to do about offshore SPECULATORS who are driving the cost of housing in Vancouver & other Canadian centres BEYOND affordable?

I know of people who own 3 or more "homes", only one of which acts as "housing" at any given time. What about the effect that has on the market? So many homes sit empty while HONEST, HARD-WORKING people can barely afford ONE home.

Sometimes "the market" causes problems that negatively affect 85% of us, including children. (I expect a VERY sharp reaction from the very FEW who profit -- squeaky wheel gets the grease?) Homelessness & property crime are out of control and there is a leadership vacuum -- only OVER-SIMPLIFIED (& mostly empty) rhetoric is offered in response to VERY COMPLEX socioeconomic problems.

There would be VERY strong & broad support for some well-thought-out changes to our current system. (We'll have to tolerate the verbal ABUSE from self-interested PROFITEERS whose party we're going to crash for the betterment of our society, including our children.) This could be a very strong component in an election platform for the sharpest political party. Tax more the things we want less of ...

I want to invest in -OUR SOCIETY-, -not- the lifestyles of:
1) corporate executives in industries that are earning RECORD PROFITS.
2) SPECULATORS.

Some CHOICE would be nice!
(Tax less the things we want more of ...)


JP
said

Say What - Give this info to a real estate agent - NOT - remember they can see my hpuse but that does not mean that I TRUST THEM !!!!


mike armstrong
said

Once again, our government creates a smokescreen to divert attention from the real issues, in the process creates a useless paperwork burden, and the gullible Canadian public feels secure and confident in the knowledge they are now protected. Grow up...and open your eyes.


Mark M
said

Inversity said

"That's the way it's been, as far as enforcement, with the complicated income tax forms, and anyone who refuses to fill out the complicated forms (or have someone else fill them out, with all the details) and sign the papers, is subject to the penalties in the laws."

Your misinformed. All you have to do is FILE the signed tax form. You don't have to complete it. If it's sent in blank Revenue Canada will fill it in. Most people don't know that, but I would never trust RC to do my taxes anyways.

Anyhoo. This does not sound to bad. Real estate fraud has been going through the roof. All it will do is create a list of legit buyers. If a legit person is buying 100 properties a year, RC wants to know why!!!


Pam
said

Arjay
Civil liberties for one person may be the complete opposite for another. Take the middle road. Let the government put some road blocks up. There will be people on both sides that will complain but in the end all will survive. It isn't as if we are buying a different house to live in each week. Possible once a year for some unless they are flipping them. Canada needs to be keeping up with the rest of G8.


c campkin
said

If it really is just that small amount of information than what is the problem?


Victor
said

This law sounds like it will have alot of people going around the rules.

1. Buy in corporation and sell the shares.

2. sell private.

3. buy private.


Richard in Pickering
said

Why did the government do it this way. I would think it would be simpler to do all this at land transfer time. Let the lawyers do this stuff. I guess another thing that was not thought out. Good idea... Bad way to do it.


Mr Real Estate
said

just one more reason we don't need real estate agents in Canada!


Too much information !!!!
said

While it is a good thing to catch criminals who attempt to launder money, this measure is just one more step towards the "BIG BROTHER" database and the abuses that will come as a result from it. The Global elitists have it in mind to lock you up using computers, your banking, your finacial investments and now your property ownership. Wake up one day and if you have been blacklisted you will not be able to buy sell or transact and business when they deem you to be a radical outspoken individual. Think you have rights? Think again.

No government anywhere can be trusted with personal information. Unfortunately the sheep who have been so well programed to just swallow all these new technologies will lap this up as a good measure.
Me thinks not.












Michael
said

Stupid Stupid Stupid!

Realtors are NOT police officers! If Govt suspects a fraud they should prosecute sellers and buyers, not realtors. We make our money very hard, and this stupid law will make it even harder. Why don't an RCMP officer is assigned to an each RE office ?


david
said

Individual's privecy and freedom are being a bit and a bit taken away, life is very inconvenient as is for law-abiding averge folks: dailly dealings, travalling, renting and now buying house, etc. very soon we have to show id to go into movies or walk on streets.

I don't like a stranger looking into or keeping my personal records and I don't like government monitoring my personal life, bank transactions.

Go get the money laundery criminals, pass law to restrict foreign buyers or ask them to show IDs.

Don't change our life or ask us pay the price.


Alberta Resident
said

Mark M - Yes RC should know if you are buying 100 houses a year, it should already be stated in your income tax, if not you are committing tax fraud.
mike armstrong - do you mean like the gun registry, or a marriage certificate. You should grow up and open your eyes. Real Estate is fraught with fraud and schemers trying to maximize their profits at the public's and buyers expense.
Joey - I'm with you. Their should be heavy taxes on houses other than residences bought and sold for profit, or converted from rental properties. Taxes should also increase as a percentage rental rates increases. Rent rates have tripled in 10 years, and doubled in 5 years in Edmonton, mostly due the the Boardwalk Monopoly, but it is still far beyond inflation and the ability of many people to cope with.


Dave in Kelowna
said

Right now this just applies to licensed realtors, not lawyers, developers or private individuals who sell or buy their own home.


DM
said

Within our society we already have major issues of identity theft and now we are told that we need to provide a realtor with our date of birth, and occupation, or we can not sell our own house. Will the government be willing to ensure that the information is secure and guarentee that it is safe for the 5 years and then destoyed and not sold.
We pay our morgages for 30 years to pay for our house and then told that you can not sell it unless you give me your personal information.


JP-Just bought first home, looking to future.
said

While I do agree that the implementation of this law has great potential to reduce the number of illegitimate "home" buyers in Canada, and I applaud (for once), the government for taking this step, I do have severe reservations about the security of the information in the hands of real estate agents. It seems to me that this information should be sent directly to FINTRAC without real estate agent interference, then having FINTRAC send confirmation back to the agent, approving the sale. This would increase information security, and lower the likelihood of the sale of this information from Shady Agents to individuals willing to pay enough, and intending to do harm with the info.


Toronto Agent
said

I don't see the big deal. I have ALWAYS asked for an i.d. from every single person who I took on as a client. If you sell a house, you want to make sure that the house you are selling does belong to the person who is your seller. Without an i.d how would you know? If you are taking on a buyer client, you should know who she/he is and where she/he lives. I would be very suspicious if someone would have a problem with providing me with that basic info, when she/he is out to sell or a buy a several hundred thousand dollar worth of estate. This should be common sense in order to protect buyers and sellers, and yourself as an agent. I would never go in to an empty house with a "client" without telling to someone my plans and who the client is. Without an i.d. how would you know?


Gary Findlay
said

Astounding. Why are people making such a big issue out of this. It is a simple request to try and stop money laundring. The information requested is minor and not particularly confidential. Anyone who really wanted to know this information now could find out. Ridiculous arguments being put forth.


Vince Jensen
said

In general, we do not want the Government to act BEFORE there is a problem. If there is no problem, then there shouldn't be rules to prohibit or control the activity. But govenment does need to be quicker to recognize that a problem exists and take corrective action.


Max
said

Dear People...

This federal legislation has to do with MONEY LAUNDERING and TERRORIST FINANCING. (Whether it will accomplish anything or not is truly a matter of debate.) Those of you posting communist rants about the cost of housing due (supposedly) to speculative investing need a few lessons not only about capitalism but how the stock and real estate markets work.

To ARJAY:

The "collapse" of the U.S. housing market had/has absolutely nothing to do with Republicans (or Democrats). It's not political, my friend. It's merely a perfect example of a market working freely. You had foolish people seeking foolish mortgage loans that were pooled and sold to foolish investors as high quality instruments. In a free, capitalist market, the foolish get punished. (With your endeared system, Socialism, the foolish get rewarded.)




PIPEDA Aware
said

A few years ago, the Government passed legislation requiring business to not collect any information that was not "essential" to the transaction. Now they are 180'ing and requiring realtors collect PERSONAL information.

They are also trying to get a handle on identity theft.

They can't have it both ways - either let us protect our privacy or not.


Trevor J
said

This is downright silly. The onus should be on the lawyers who perform the conveyancing and not the realtors. Terrorists and money lauderers will just now focus on people who sell privately thinking they can easily get around these new laws.

Unless, of course, the next step the government is going to take will be to make it illegal to sell your home privately. That would close the loophole.


jean nancy cindy lambert
said

Let me make it as simple as possible. Does anyone of you test drive a car at dealership without showing your driver's lic. On top of it, the sales make a photo copy of your driver lic. Do you know it? Then the sale left the paper on the desk, out the door with you to test drive. What is the catch there ? We all submit to this rule without making any trouble. Real Estate has involved 10x more money. A tighter record keeping is gonna be good for all.


MHR
said

I sense new fee going to be charged upon client who hire realtors to complete the transactions.

However, this is good law and it doesn't make Harper Government look any good-er.

:-p


JC
said

Slowly but surely, Canada is becoming a "your papers, please" kind of country.

All in the name of combatting "terrorist" and "money laundering" bogeymen.

I feel soooooooooo much safer already -- NOT.

In fact, we are all less safe now as government takes greater control of our economy and personal property and finances.

Money laundering is not a problem unless you a priori agree that the State owns all money, and are just letting you use it. Ditto private property transactions.

So while the State's snooping and micromanaging intervention into our lives proceeds and is here to stay, the "bad guys" will simply redouble their efforts by acquiring "legit" front persons, counterfiet IDs, and purchasing other classes of goods in order to move their financial resources around.

All we are left with is less financial freedom and privacy, smarter more sophisticated "criminals", less security and more bureaucrats.

Way to go, Harpo.


Don
said

How many real estate offices have the ability to keep this information safe and confidential. They will be collecting everything needed for identity theft.


Realtor in Hamilton
said

After reviewing the new forms, it's not such a big deal afterall. We simply have to fill in the blanks and submit it to our Broker's with the Agreement of Purchase and Sale.

This particular article would be good to print out and show clients who need further explanation.

Lets give this a chance -- it'll be second nature before we know it.


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