FINTRAC Archives - REM https://realestatemagazine.ca/tag/fintrac/ Canada’s premier magazine for real estate professionals. Mon, 08 Sep 2025 15:27:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://realestatemagazine.ca/wp-content/uploads/2022/09/cropped-REM-Fav-32x32.png FINTRAC Archives - REM https://realestatemagazine.ca/tag/fintrac/ 32 32 Paperwork 101: What your deals admin wants you to know https://realestatemagazine.ca/paperwork-101-what-your-deals-admin-wants-you-to-know/ https://realestatemagazine.ca/paperwork-101-what-your-deals-admin-wants-you-to-know/#comments Mon, 08 Sep 2025 09:02:11 +0000 https://realestatemagazine.ca/?p=39853 Deals administrators keep transactions organized and running smoothly—respect deadlines, communicate clearly, and stay organized to make their job easier and your deals seamless

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Branch staff aren’t just the friendly faces your clients see when they first visit your office. They’re the air traffic controllers, directing people, paperwork, and problems to the correct avenues to be handled as quickly as possible. But if there ever was a person you should familiarize yourself with at your branch, it’s your deals administrator.

Your hardworking deals admins collect and amalgamate all transaction paperwork, typically using an online management system like Skyslope or Nexone. They are the main point of contact amid the flurry of follow-ups from clients, lawyers, and agents alike. Depending on the size of the brokerage, they can input, organize, correct, and follow up with dozens of transactions per day.

All of this is to say: deals admins are busy. Having worked behind the scenes at the branch level for over a decade, and even as a deals admin myself for a couple of those years, here are some tips to ensure you and your deals admin are in sync.

 

Don’t make us chase paperwork

 

Be aware of the documents and information you’ve already handed in, and more importantly, what’s still outstanding. Most, if not all successful Realtors—and their teams—are organized. It isn’t a coincidence, it’s by design. If you struggle to remember whether you handed in a receipt of funds or exchanged lawyer information with the cooperating Realtor, create a checklist. 

Deals admins deal with hundreds of agents and even more transactions. Ensuring you, as an independent contractor, are on top of your transactions is critical to ensuring the deal flows smoothly from signing to closing.

 

Phone call vs. email

 

It’s natural for agents to prefer picking up the phone rather than replying to an email from their deals admin. It’s faster, easier, and you don’t have to tell yourself, “I’ll get to it later,” only to forget about it. However, sending and receiving a reply via e-mail ensures there’s a traceable “paper trail,” which phone calls don’t have. This means a deal administrator can save your e-mailed reply and add it to their online file in case of a future audit.

For example, your trade sheet does not explicitly state to give 25 per cent of your commission to a coworker, but you mention it in a phone call. Should this deal be selected for an audit in the future, the auditor may question why the commission was split when it wasn’t mentioned on the trade sheet. Instead, either correct your trade sheet or hit reply.

 

Send everything in one email

 

Once a deal is accepted, you need to send paperwork to your deals admin promptly. This ensures it’s quickly reported on MLS and all key parties are notified of the sales, such as accounting to verify a direct deposit, lawyers to speed up the closing process, and so forth.

But deals admins get a lot of emails. Ensure you have as many documents as possible in as few emails as possible, so your deals admin doesn’t have to sift through too many to find what they need. There’s no reason why your purchase and sale agreement, representation documents, and FINTRAC forms should all be in separate emails.

Also, in case it wasn’t obvious: clearly identify your e-mail by putting the property address in the subject line. This makes searching for specific e-mail chains much less painful.

 

Pointing out errors: it’s not personal, it’s business

 

Part of the deal administrator’s job is to ensure the documents they receive are as accurate as possible. You’d be surprised at how many little things, like missing initials on a price change on an agreement of purchase and sale, or writing “not applicable” as a job description on an individual identification information record (IIIR, but let’s face it, we all still call it a CIR), are fineable offenses. Don’t take a request to correct your errors as a personal attack. Mistakes happen. Correct them and move on.

The same applies when a deals admin asks you to fix something that’s recently changed. For example, your brokerage may have updated its trade sheet since the last time you submitted one, and it no longer accepts the existing one. Remember, real estate is an ever-evolving industry with rules and regulations that change and improve often. It’s your job as a Realtor to stay up-to-date with documents and policies, including your brokerage’s in-house forms. Asking why things have changed is understandable, but directing your frustration at your deals admin—who doesn’t control these changes—isn’t.

 

They aren’t your personal assistants

 

Lastly, remember that your deals admin works for the brokerage. They aren’t hired to give you their undivided attention. Most are more than willing to answer questions or direct you to someone who will help. But if you find yourself leaning on your deals admin too often, it may be time to consider hiring an assistant.

On that same note, while real estate has a knack for never sleeping, most deals admins work office hours. This means whatever comes in after 5 p.m., even if you have a deal that needs reporting as soon as possible, will generally wait until the next morning. Keep this in mind when it’s 9:02 a.m. the next day and you’re about to call your deals admin.

So, there you have it. Don’t think of these as a list of commandments chiselled in stone, but rather a handbook on how to get onto your deals admin’s good side. You never know when you’ll need to call in a favour.

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Welcome to startup mode: Why Realtors need to rethink their value proposition https://realestatemagazine.ca/welcome-to-startup-mode-why-realtors-need-to-rethink-their-value-proposition/ https://realestatemagazine.ca/welcome-to-startup-mode-why-realtors-need-to-rethink-their-value-proposition/#comments Fri, 01 Aug 2025 09:06:07 +0000 https://realestatemagazine.ca/?p=39436 Realtors must evolve their value proposition to stay relevant—adaptation isn’t optional anymore, it’s essential for thriving in today’s fast-changing business landscape

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A colleague and close friend at Microsoft recently told me that since the rise of artificial intelligence, it feels like she’s working at a startup.

This was shocking to me. With a majority market share in most of its core business areas and nearly the largest market capitalization in the world, Microsoft is a 50-year-old dominant force in the industry. How is it that they could be acting like a start-up?

To hear my colleague tell it, the environment has completely shifted with increased pressure to innovate, compete with emerging companies, and adopt new technologies at a rate not seen in years.

The lesson: If even Microsoft is doing it, the rest of us – in the real estate sector and far beyond – need to be both paying attention and ready for anything.

 

Change is part of the journey

 

Lately, I’ve been spending an inordinate amount of time listening to Acquired, a podcast focused on the origins and evolution of some of the world’s greatest companies. On a completely different scale, I’ve interviewed dozens of owners of small and medium-sized businesses for my own podcast. There is no denying the fact that lasting companies fundamentally change over time. Their value proposition evolves based on external forces, consumer demand, shareholder expectations, and competitive pressures.

Every Realtor and broker across Canada is a small business owner, and – like with Microsoft – now is a perfect time for each of them to get into startup mode. What is your value proposition today, and, more importantly, what will your value proposition be tomorrow?

When I’ve written articles that challenged the status quo of the real estate sector in the past, inevitably, someone would comment that people have been “crying wolf” for years and yet here we still are. So, let me be clear: I’m not suggesting that Realtors will be replaced by some new technology. In fact, I don’t think anything of the sort. I believe it is our resilience and ability to adapt to the evolving business environment over the past 100 years that will serve us as things continue to change.

This adaptation isn’t always self-motivated. Sometimes it’s resisted at first and simply becomes inevitable over time. Resistance isn’t necessarily a good or bad thing – it’s just a reality. And that goes for most industries and businesses. Sometimes being an early adopter has saved a company or provided them with exponential growth. Sometimes, resisting and delaying the inevitable (while learning from others’ early forays and mistakes) has been equally beneficial.

So, whether you’re a Realtor, own a brokerage, or are in a leadership position in organized real estate, let’s not focus on the myriad changes that are potentially forcing us to adapt, but instead focus on our direct value proposition to our client base.

 

Looking back, and ahead

 

Consider for a moment the value proposition of the Realtor at a time before the internet, when the catalogue was the go-to resource for listings. For those in the sector then, you remember it well. For those who weren’t, I’m sure you can easily picture it. 

To see listings – and not just the ones found in a “scroll” through the real estate section in the local paper – clients had to sit across a desk from a Realtor. As such, the catalogues were protected at all costs. A client might leave with photocopies of their favorite listings, but, in some cases, information would be redacted from them. 

There were no professional photos or virtual tours. The exposure to the property happened during the showing. 

There were no FINTRAC compliance requirements and, famously, the contracts were only one, two, or three pages, depending on who you ask (but be sure to ask; anybody in the industry at that point loves to talk about this).

Today, clients know more about a property of interest before seeing it than ever before. They can do virtual walk-throughs and see more information than the catalogues ever had. And that’s not to mention the ancillary information on the internet, not curated by the MLS System. The information is nearly open, available on many different portals in many different forms. 

What’s more, the regulatory environment has become far more robust. Consumer protection by way of anti-money laundering requirements, privacy legislation, licensing and regulatory compliance, and board and association rules are now woven into the fabric of real estate sector business. 

The question is: How are we reacting to all this? Have we accepted this as a changed value proposition or are we just generally annoyed that the contracts are longer and the data is no longer exclusive? Whether accepted or not, I think most recognize that a Realtor’s value has evolved based on the changing world around us.

 

Regulation as a value-add

 

I have written before about Realtors and regulation, and continue to believe that there is more opportunity for us to embrace the fact that we are regulated as part of the value proposition. No, we don’t need to get excited every time there’s a new rule or compliance requirement, but with the world changing around us and our clients so quickly, being regulated can help build lasting consumer trust.

As for the value of the data, we need to be ready for a world where the current ecosystem becomes diluted as tens of thousands of Realtors leverage AI systems to assist with data analysis, dispersing data broadly across learning models. Again, this isn’t good or bad – it’s just real, and the value proposition will change as a result. 

Focus will need to be put on ensuring that Realtors’ contribution to this broader data ecosystem continues to be recognized and rewarded. Equally, value will be placed on discovering and exploiting other sources of data by digitizing all aspects of the process and streamlining the consumer experience.

Of course, that’s just the change we can see coming. The value proposition for all of us will continue to evolve in the coming years. It’s up to us as business owners and leaders to contemplate what value we’ll bring to the ecosystem and how we’ll positively move toward that role. 

There will be a struggle between the innovators and the resistors, but there always is. This conflict isn’t unhealthy. It just challenges us to better hone and articulate our vision of what that value proposition is going to look like.

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The Realtor’s essential FINTRAC compliance checklist https://realestatemagazine.ca/the-realtors-essential-fintrac-compliance-checklist/ https://realestatemagazine.ca/the-realtors-essential-fintrac-compliance-checklist/#respond Fri, 21 Mar 2025 09:02:21 +0000 https://realestatemagazine.ca/?p=37673 In the past three years, seven Canadian brokerages received FINTRAC penalties ranging from $50,000 to over $250,000

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In my experience as a real estate lawyer and speaker, when a real estate brokerage has a proper FINTRAC compliance program, not only do they stay out of trouble with FINTRAC auditors, but they actually close more deals without any negative consequences.

However, the opposite is also true. When you do not have a proper program, it is more likely that your deals may not close, as lenders are conducting their own due diligence on every potential buyer, and title insurers are performing due diligence on buyers as well as sellers. 

In addition, the penalties administered by FINTRAC can be extremely damaging to a brokerage. Not only are the penalties increasing, but the brokerage is publicly named on the internet, which can severely harm your brand image and reputation.

 

Administrative penalties are increasing

 

In the last three years, seven administrative penalties have been issued against brokerages across Canada, ranging from a minimum of $50,000 to over $250,000.

In March 2024, a prominent real estate brokerage in Toronto was penalized $107,827.50 after FINTRAC auditors uncovered multiple violations, including failure to adequately document their KYC procedures, insufficient risk assessment, lack of proper ongoing compliance training and gaps in identity verification records. The penalty—announced online—highlights exactly why brokerages must stay vigilant.

To see the full list, simply Google “public notice of FINTRAC monetary penalties.” The reasons vary, including not having a proper FINTRAC compliance regime, failing to ensure everyone in the brokerage is properly trained in FINTRAC guidelines, and lacking tools to identify suspicious transactions before, during, or even after a deal has closed.

 

Key questions every brokerage should ask clients

 

Here are some key questions, drawn from my own FINTRAC training courses and brokerage audit reviews conducted over the years, that you should ask every client to ensure your brokerage knows your client and stays out of trouble:

“How did you find me?”

The answer to this question should immediately place the person within your community of clients. It could be a referral from a relative, co-worker, or a family whose child plays soccer with yours. When a new client fits into your community, they’re not laundering money.

“Where do you work?”

The occupation of the client demonstrates their connection to their community. This is one of the primary criteria reviewed by FINTRAC auditors. When clients are connected to their communities, they are unlikely to be laundering money. Additionally, employed clients typically qualify more easily for a mortgage.

 

Always check potential clients online

 

There are powerful apps available now to properly identify clients immediately, ensuring they are not using forged identification documents or listed on any suspicious databases. You can also use these apps to monitor your clients even after closing.

 

Think like a landlord when evaluating clients

 

You know the grief a landlord suffers when they don’t properly qualify a tenant. You must understand the consequences you’ll face if you’re dealing with a suspicious client. A negative online story involving you and a suspicious client will follow you for years, seriously impacting your brand image. 

Pay close attention to the buyer’s body language when asking FINTRAC questions—there should be no hesitation, avoiding eye contact, or changing the subject.

 

Be ready to “tell a story” about every new client

 

Be able to clearly answer the following questions for each client:

  • How was the client referred to you?
  • What is the purpose of the transaction?
  • Where is the down payment coming from?

Having a clear story helps explain any issues that may arise later. 

Ensuring your brokerage is fully compliant protects your business and your reputation, and ultimately allows you to focus confidently on closing more deals.

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The big FINTRAC mistakes brokers need to know about: Insights from an expert https://realestatemagazine.ca/the-big-fintrac-mistakes-brokers-need-to-know-about-insights-from-an-expert/ https://realestatemagazine.ca/the-big-fintrac-mistakes-brokers-need-to-know-about-insights-from-an-expert/#comments Fri, 09 Feb 2024 05:03:26 +0000 https://realestatemagazine.ca/?p=28376 Adapting to the changing regulatory landscape is crucial for the real estate industry's role in anti-money laundering — the time to act is now

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As a broker, I share the frustration with many of you regarding the myriad of compliance requirements placed upon brokers, managers and real estate agents — from how to record our deals to finding out if one of my real estate agent’s clients is a cousin of someone who is a politician somewhere in the world. And this year, it will get worse. 

In a recent interview with Friedrich Klaus, co-founder of Illuminai Intelligence Corporation, I gained valuable insights into the evolving world of FINTRAC (Financial Transactions and Reports Analysis Centre of Canada) compliance and the challenges faced by brokerages in Canada. Klaus shed light on the significant changes introduced in 2021, the common mistakes made by brokerages and what the future holds with compliance requirements.

 

The shift in FINTRAC compliance requirements

 

According to Klaus, the most notable change in FINTRAC compliance is the shift in responsibility from agents to managing brokers coupled with the new requirement of “ongoing monitoring”.

As of 2021, the managing broker and the business now bear the risk of substantial fines if they fail to comply with five major requirements of the updated Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA):

  • Implementing a compliance program
  • Reporting transactions (filing suspicious transaction reports to FINTRAC)
  • Keeping records about high-risk clients/transactions
  • Knowing your client/ongoing monitoring
  • Applying ministerial directives

The ongoing monitoring requirement is particularly challenging without technology, with labour-intensive and cumbersome spreadsheets the only available resource available to brokerages.

Klaus emphasized that Iluminai’s studies estimate a staggering 99.5 per cent of Canadian brokerages are almost totally non-compliant with the 2021 update to the PCMLTFA when it comes to ongoing monitoring. “There is no other way to comply, without the benefit of my platform, then (with) a spreadsheet a mile long and a mile wide, with a full-time employee doing 45 minutes to one hour of research per customer,” Klaus says.

 

Common mistakes made by brokerages

 

Klaus pointed out that many brokerages make the mistake of assuming FINTRAC’s previous “soft touch” will continue. He says, “Canada’s international reputation as a haven of weak enforcement of AML laws has forced regulatory bodies to take action. Unfortunately, a lack of financial resources available to enforcement agencies and regulators because of a decade of underfunding and broken promises by the Liberal Party of Canada means that the burden of enforcement falls upon small businesses.”

Real estate, being a prime destination for laundered funds, means brokerages must adapt or change their business models to comply with the increasingly stringent regulations that will only become more challenging in the future.

 

Future compliance issues and requirements

 

Looking ahead, Klaus predicts that the relationship between FINTRAC and the real estate sector will mirror FINTRAC’s relationship with the banks, requiring accelerated and real-time suspicious transaction reporting, and heightened transactional scrutiny by brokerages. 

Improved cross-governmental information sharing and increased access to free governmental data will raise the expectations of compliance. Real estate professionals will need to actively detect fraud and adapt to the changing landscape of anti-money laundering regulations. Agents and brokerages will need to adopt new tools or be drowned in “labour cost or fines … Pick your poison,” Klaus explains.

 

Troublesome issues for brokerages

 

In a recent case, FINTRAC imposed a $132,000 penalty on Global West Realty Limited, underlining the intensified scrutiny on brokerages. The 2021 examination revealed non-compliance issues, including a lack of appointed compliance oversight, absence of written policies and neglect of ongoing compliance training.

In a recent speech at ACAMS, a global meeting for the anti-money laundering community, Sarah Paquet, CEO of FINTRAC, emphasized FINTRAC’s commitment to ensuring businesses meet obligations under the PCMLTFA. This case exemplifies a more assertive enforcement approach, using penalties to drive behavioural change.

Unclear legislation and guidance compound challenges for brokerages, notes Klaus. Some existing tools in the market, designed for agents, may lack a compliant “ongoing monitoring” solution, leaving brokerages susceptible to audits as FINTRAC assesses ongoing monitoring programs as part of their audits moving forward.

In 2022-2023, FINTRAC issued six notices of violation, totaling $1,113,569. With the real estate sector facing heightened scrutiny, brokerages must take proactive steps to navigate evolving compliance challenges and avoid substantial penalties.

 

Mitigating risk and starting the compliance journey

 

Given the significant fines, aggressive FINTRAC compliance enforcement and the political temperature to blame money laundering as a source of housing unaffordability, Klaus advises brokerages to start their compliance journey now.

What’s more, while technology is available, brokers are advised to truly understand what the technology offers and what it doesn’t. Klaus often encounters brokers who misunderstand the difference between Illuminai and what its competitors offer: “Rival platforms (to Illuminai) are akin to going to a restaurant where you receive a bill at the end, but you still have to handle the entire cooking process, serve the meal and clean up afterward.”

In contrast, Iluminai’s platform goes beyond just filling out the necessary forms — which is what Illuminai’s competitors do. Rather, Illuminai actively assists real estate brokers in achieving compliance with almost all of the ongoing review aspects of the PCMLTFA. Iluminai provides a unique and specialized service, ensuring a seamless and efficient compliance experience for the real estate industry in Canada.

 

Klaus emphasizes the urgency for brokerages to take proactive steps toward compliance. Whether through Iluminai’s platform or other means, adapting to the changing regulatory landscape is crucial for the real estate industry’s role in the anti-money laundering world. The time to act is now.

 

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From app to all-in-one solution simplifying brokerage FINTRAC compliance https://realestatemagazine.ca/from-app-to-all-in-one-solution-simplifying-brokerage-fintrac-compliance/ https://realestatemagazine.ca/from-app-to-all-in-one-solution-simplifying-brokerage-fintrac-compliance/#comments Mon, 11 Dec 2023 05:02:31 +0000 https://realestatemagazine.ca/?p=26362 “Paperwork and other requirements are often at the bottom of (brokers) to-do lists. FINTRAC Express provides an easy way to meet FINTRAC requirements”

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More than five years after launching an app that helps realtors meet Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) requirements, ReallyTrusted has launched an all-in-one turnkey solution that simplifies FINTRAC compliance for brokerages. 

FINTRAC Express is a suite of tools designed to make it easier for compliance officers to meet FINTRAC regulations, says Greg Dent, chief operating officer of ReallyTrusted Technologies. 

While competitors are offering some of the tools provided in FINTRAC Express, Greg says he’s “reasonably certain that we’re the only people to have bundled the whole package in a way that allows brokerages to do it all at once and to feel confident that they’re going to get all of the pieces of the puzzle together.”

 

Widely used across the industry

 

FINTRAC Express includes the ReallyTrusted app, which Dent says is used by more than 460 brokerages and “tens of thousands of agents”. Several real estate associations have also signed on to the app, with the largest buyer being the Alberta Real Estate Association. “Every realtor in Alberta has access to the program and every compliance officer has access to the brokerage tools on the app at no cost.” 

When Lori Ann West, Ontario managing broker at Real Broker Ontario joined the company four months ago, she was new to the ReallyTrusted app, which is used by all realtors at the brokerage. “I found it really simple to use, with really good support,” she says.

West likes the fact she gets flagged immediately for any information that is not filled out properly, so realtors can deal with the situation while they’re with their clients. “The other nice feature about it is that you can’t go from A to B unless you fill out A correctly.”

 

A comprehensive offering

 

Other key features of FINTRAC Express are:

  • the ReallyTrusted Academy, an online anti-money laundering learning and training program for staff and agents,
  • complete anti-money laundering manuals (including procedural documents and a risk assessment),
  • effectiveness reviews for brokerages,
  • FINTRAC examination preparation and
  • ongoing support for compliance officers.

The ReallyTrusted Academy launched seven months ago and is now used by about 30 brokerages, while the manuals and reviews were launched at the same time as FINTRAC Express.

 

Continuous improvements

 

Dent says the pioneering ReallyTrusted app initially provided an easy way for agents to scan their clients’ IDs in person to get the data FINTRAC required to identify clients. A month after COVID hit in 2020, he saw an opportunity to add a remote ID verification feature. Other updates to the app have followed and more are to come, including a French version of the app for the Quebec market.

 

A complete solution making work easier

 

While the ReallyTrusted app helps brokerages with the procedural element of a FINTRAC compliance program, Dent soon realized there was a much larger need for a complete program solution that could do everything from training agents properly to providing policy manuals with risk assessments for brokerages.

“We’re putting brokerages and their agents who use the system in a better position to do what FINTRAC is requiring of us and to figure out where there might be money laundering in their interactions with the public. It’s something that we really see as important,” he explains.

However, Dent notes the challenge with FINTRAC is that its compliance program is complicated. He is also a realtor with Re/Max Select Realty in Vancouver, so he understands this firsthand. “My calendar is full of compliance officers wanting to understand where I think their program is at, and how we might be able to help them,” he notes.

 

What users think

 

In the first few weeks after launch, five brokerages committed to FINTRAC Express, Dent says. 

One of the early adopters of FINTRAC Express is David Rishel, managing broker of Royal LePage Little Oak Realty in Abbotsford, British Columbia.

All 150 agents at the brokerage use the ReallyTrusted app. If not for the app, Rishel says, “We would have to have even more staff trying to ensure that our realtors are doing the things that they need to do to be compliant. If you’re found to be non-compliant, it’s not fun. (The app) keeps us out of hot water. That’s a win in my column.”

His brokerage took over Surrey, B.C.’s Royal LePage Northstar Realty in October, which wasn’t using ReallyTrusted products, and rolled out FINTRAC Express to Northstar. “It’s been no issue whatsoever,” Rishel says. “Everything’s been super easy.”

Rishel says the product puts the focus on ensuring brokerages are compliant, which means realtors will be compliant in turn.

He notes FINTRAC fines to brokerages for non-compliance are significant. For example, in late October, FINTRAC announced it had fined Norwich Real Estate Services Inc., which also operates as Re/Max Kelowna, $156,750 for failing to comply with federal anti-money laundering rules. (The company has appealed the decision to federal court.)

“We want to make sure we’re doing everything we can to avoid that,” says Rishel. He notes his brokerage has been audited by FINTRAC a few times and there have been “no problems, no issues.”

 

Helping brokerages curb money laundering

 

Dent says most fines to real estate brokerages occur because they need a compliance program or compliance officer in place. Brokers have a “tremendous” burden on them and the paperwork and other requirements of FINTRAC are often at the bottom of their to-do list. FINTRAC Express provides an easy way for them to meet their FINTRAC requirements, he says.

He has been surprised that many brokers are unaware of the FINTRAC requirement that an effectiveness review be conducted every 24 months. “About 50% of the compliance officers I’ve talked with since we’ve launched (the reviews feature) have said some version of ‘I didn’t know that’ or ‘What is that?’”

Dent occasionally hears the false narrative that real estate brokerages don’t want to curb money laundering. “The more I talk with compliance officers, the more convinced I am that everyone is aligned in a desire to not allow money laundering to happen through our sector. Everybody sees the harm it does to the economy, to communities.”

 

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Speeding up the FINTRAC grind: How Fintracker’s technology is setting out to support, not replace, realtors https://realestatemagazine.ca/speeding-up-the-fintrac-grind-how-fintrackers-technology-is-setting-out-to-support-not-replace-realtors/ https://realestatemagazine.ca/speeding-up-the-fintrac-grind-how-fintrackers-technology-is-setting-out-to-support-not-replace-realtors/#respond Mon, 06 Nov 2023 05:03:26 +0000 https://realestatemagazine.ca/?p=25299 Fintracker “created a process that’s easier to follow and harder to make a mistake in; much less onerous to deal with than paper forms”

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Simon Fiore wasn’t trying to disrupt the real estate industry when he was sitting in his office at Re/Max Associates in Winnipeg back in 2017. He was simply another realtor struggling with the task all realtors dread doing the most: filling out FINTRAC paperwork.

 

A consistent lag

 

If you’ve closed real estate deals recently, you’ve likely dealt with FINTRAC (Financial Transactions and Reports Analysis Centre of Canada) forms. They are a specific set of paperwork required to be completed to help combat money laundering and terrorist activity financing in Canada.

Susan Scott, who managed sales, compliance and conveyancing at Fiore’s brokerage during this time, would often ask Fiore and the other realtors for their FINTRAC paperwork, as it lagged behind well after transaction papers were submitted.

“I was like many agents struggling with these forms and not handing them in in a timely fashion,” says Fiore.

One day Fiore said to Scott, “One of these days, Sue, I’m going to create a FINTRAC app.”

She simply responded with, “Go for it.”

The rest is digital history.

 

There’s an app for that

 

Fintracker is an online tool designed to assist real estate agents by automating the process of completing FINTRAC forms.

“I decided that I wanted to streamline this process and automate it all. So, we started off simply trying to solve this for my little brokerage here in Winnipeg, which then led us to listening to compliance officers, agents and other experts across the country, evolving the app to what it is. Today, it’s a one-stop-shop solution,” explains Fiore.

Fiore took a leap of faith when deciding to leave his successful career as a realtor in order to pursue developing Fintracker, in the hopes of solving this problem for the industry. But, trying to convince real estate agents used to the same industry practices for years to try and use a new technology wasn’t easy at first.

“The first three years were very discouraging, as nobody wanted to pay attention. Then, we signed the Barrie Board (BDAR) and they were the catalyst for board-level clients. During the pandemic, Fintracker became in high demand for its ability to identify non-physically present clients with a remote ID process.”

Eventually, other realtors started coming around to Fiore’s vision.

 

Getting buy-in

 

Leonard Howell, broker of record at Sam McDadi Real Estate in Mississauga, was an early adopter of the technology.

“When I saw the product, I thought, ‘this can make life a lot easier for our agents’,” states Howell. “Having a tool that makes things easier, I was all-in, it was a no-brainer. Now, I can tell which agents are using the Fintracker app and which ones aren’t based on the paperwork that’s coming in.”

Karen Yolevski, chief operating officer of Royal LePage Real Estate Services agrees.

“FINTRAC is one of those areas that is inherently complicated. There are a number of forms, a number of questions. Sometimes the information requested can be quite onerous, to both the realtor and the consumer,” explains Yolevski.

“Fintracker took the issue of FINTRAC forms and information gathering and created a process flow that’s easier to follow and harder to make a mistake in; much less onerous to deal with than paper forms.”

 

What’s next

 

So, what does the future hold for the relationship between real estate and technology?

“When I first started with Fintracker, I was the least tech-savvy agent in the country,” says Fiore. “That’s why I wanted to create a tool that was not only easy to use but made sense to the average realtor. But, what I’ve been seeing and what I’ve learned in the last six years of working with the tech space is that AI and technology are going to eventually have a very competitive product against the agent.”

Don’t worry – this doesn’t necessarily mean that a robot will be selling your next home anytime soon.

“Something that AI and technology will never replace is agents,” says Fiore. “So, I think technology is always going to try and replace us, but one-on-one and face-to-face interactions, gaining trust and building relationships are still the keys.”

 

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CREA raises concerns over foreign buyer ban regulations https://realestatemagazine.ca/crea-raises-concerns-over-foreign-buyer-ban-regulations/ https://realestatemagazine.ca/crea-raises-concerns-over-foreign-buyer-ban-regulations/#comments Thu, 22 Dec 2022 05:03:16 +0000 https://realestatemagazine.ca/?p=19916 CREA expresses "disappointment" and raises questions about newly released regulations outlining the foreign buyer ban and the industry's role

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QUICK HITS

 

  • The Canadian government has released regulations ahead of a ban on non-Canadians buying residential property, which is set to take effect on Jan. 1, 2023.
  • The regulations outline exemptions for temporary residents who meet certain requirements, including international students and those on work permits.
  • CREA is expressing disappointment with the regulations, and is raising concerns on behalf of its members.

 

Days before Canada’s foreign buyer ban is slated to take effect, the federal government is releasing regulations that detail exemptions and attempt to define the role the real estate industry plays. 

The Prohibition on the Purchase of Residential Property by Non-Canadians Act is expected to come into force together with the newly released regulations on Jan. 1 as an attempt, the government says, to improve affordability for Canadians looking to buy a home.

Under the new regulations, anyone who is convicted of knowingly helping a non-Canadian buy a property could face a fine of up to $10,000.

In a statement to Real Estate Magazine, the Canadian Real Estate Association (CREA) says it’s disappointed with the regulations released Wednesday and is raising several concerns on behalf of its members. 

 

Who is exempt?

 

The rules outline several provisions for how the act will be enforced and detail exemptions for temporary residents who meet certain requirements. Canadian citizens and permanent residents are not included in the prohibition. 

International students who have filed tax returns for the past five years and have spent the majority of the past five years in Canada are excluded. In addition, the purchase price of the residential property must not exceed $500,000.

Those who hold a work permit may also be excluded. They must have worked in Canada for a minimum of three years within the four years preceding the purchase and filed tax returns for at least three of the four years.

There are also exceptions for foreign nationals fleeing conflict and refugees. 

The government estimates that the volume of non-Canadians that would be exempt and subsequently choose to buy a home is limited over the next two years. It calculates the number would be in the hundreds to low thousands. 

If a non-Canadian wants to buy a property, the government says the onus is on them to demonstrate their eligibility and says they will be responsible for any costs associated. 

 

Non-Canadian corporations

 

Non-Canadian and foreign-controlled corporations will not be allowed to purchase residential property in Canada. Under this act, a foreign-controlled corporation is defined as an entity that is three per cent or more owned by a non-Canadian.

“That’s a relatively low threshold,” says Chris Sharpe, a real estate lawyer and partner at Clark Wilson LLP in Vancouver. Sharpe believes this could catch companies that may have silent investors who are investing smaller amounts into projects.

The government’s regulatory analysis states there will be a minimal burden and costs for realtors because they already comply with existing regulations and standards related to customer identification and due diligence.

CREA disagrees.

One example the association gave was FINTRAC beneficial ownership obligations. Those require a realtor to identify any individual who owns 25 per cent or more of an entity. In contrast, the foreign buyer ban requires them to determine if the entity is three per cent or more owned by a non-Canadian, which could add additional costs and requirements to transactions. 

CREA also notes that FINTRAC requires realtors to verify client identity at the time of a transaction rather than before assisting or advising clients as will be required under the foreign buyer ban.

The regulatory analysis clarifies that record keeping is not mandatory for realtors; CREA highlights that is also contrary to FINTRAC obligations. 

“Without records, an individual charged with an offence pursuant to this act would have difficulty demonstrating that they made reasonable efforts to comply with this legislation in order to avoid a summary conviction and a $10,000 fine,” CREA states.

What about recreational properties?

 

Also seemingly exempt from the ban— homes outside of areas that meet certain population thresholds based on census analysis. That may include some recreational properties, but not all.

Sharpe explains that based on his understanding, the government has created an exemption for what he would describe as “very rural” residential properties. 

He adds, “My real estate group here…and at all law firms and notaries and realtors across the country need to educate ourselves on where do we go to find the list of census metropolitan areas and census agglomerations?”

CREA is also raising questions about the process for determining whether properties are located in eligible areas.

Sharpe says, “It’s incumbent upon me to become well-versed in this and its application and turn my mind to how to protect and advise my clients. I think realtors would need to be doing the same.” 

 

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B.C. realty firms slapped with fines over anti-money laundering violations https://realestatemagazine.ca/b-c-realty-firms-slapped-with-fines-over-anti-money-laundering-violations/ https://realestatemagazine.ca/b-c-realty-firms-slapped-with-fines-over-anti-money-laundering-violations/#comments Tue, 25 Oct 2022 04:03:00 +0000 https://realestatemagazine.ca/?p=18962 Canada's financial intelligence unit announces more than $750,000 in fines against a broker and two brokerages in Vancouver, B.C.

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QUICK HITS

 

  • LeHomes Realty in Vancouver, B.C. is facing more than $550,000 in fines for anti-money laundering violations committed by Pan Pacific Platinum Real Estate and LaBoutique Realty Ltd., according to FINTRAC.
  • Cathay Pacific Realty Ltd. is facing $206,250 fines for anti-money laundering violations.
  • All three were found to have failed to submit a suspicious transaction report where there were reasonable grounds to suspect money laundering

Three Vancouver, B.C. realty firms are facing fines for anti-money laundering (AML) breaches, according to the Financial Transactions and Reports Analysis Centre (FINTRAC).

This month, FINTRAC announced Pan Pacific Platinum Real Estate and LaBoutique Realty Ltd., both brokerages operating under LeHomes Realty, were fined a combined $557,780.50 for AML violations.

Pan Pacific Platinum Real Estate was fined more than $280,000 for several violations. In a press release, the financial intelligence unit alleges a lack of compliance and that the firm failed “to submit a suspicious transaction report where there were reasonable grounds to suspect that transactions were related to a money laundering offence.

LaBoutique Realty Ltd. was fined $275,385 for similar violations, according to FINTRAC, as well as failing to “submit a large cash transaction report for the receipt of $10,000 or more in cash.”

On Oct. 18, FINTRAC also announced fines to the tune of $206,250 against Cathay Pacific Realty Ltd. The Vancouver broker is accused of committing several violations, including failing to submit a report where there were reasonable grounds to suspect that transactions were related to a money laundering offence.

Neither LeHomes Realty nor Cathay Pacific Realty Ltd responded to Real Estate Magazine’s request for comment.

In a press release, Sarah Paquet, director and CEO of FINTRAC, said the organization is “committed to working with businesses to help them understand and comply with their obligations under the Act. At the same time, we will be firm in ensuring that businesses continue to do their part, and we will take appropriate actions when they are needed.”

Real estate brokers and sales representatives are required under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to keep certain records, identify clients, maintain compliance, and report certain financial transactions to FINTRAC.

 

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FINTRAC: 5 things to remember in 2022 https://realestatemagazine.ca/fintrac-5-things-to-remember-in-2022/ https://realestatemagazine.ca/fintrac-5-things-to-remember-in-2022/#comments Mon, 10 Jan 2022 05:00:16 +0000 https://realestatemagazine.ca/fintrac-5-things-to-remember-in-2022/ Here are answers to five of the most frequently asked questions I receive when conducting FINTRAC updates for brokerages and real estate boards.

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The FINTRAC updates announced on June 1, 2021 must be complied with by real estate agents and brokerages across Canada starting on April 1, 2022. Here are answers to five of the most frequently asked questions I receive when conducting FINTRAC updates for brokerages and real estate boards.

1. Why should I care about FINTRAC?

To me the main reason is that if a lender is suspicious about any buyer at any time before closing, they can cancel the mortgage commitment. Then the deal may not close and you will not be paid your commission. Do not associate with or represent any suspicious buyers.

2. Why does FINTRAC matter if I do not accept cash as a deposit on any real estate agreement?

FINTRAC is not just about cash. Every bank draft you receive as a deposit on a real estate agreement is suspicious because there is rarely any proof who purchased it or how they purchased it. What about a corporation that buys or sells real estate? Do you know who their shareholders are who actually own the corporation? They could be criminals. All of these are examples of potential money laundering.

3. What are some of the key reminders when completing the FINTRAC ID forms?

All sections need to be completed carefully. The client occupation should be specific because this connects the client to their geographic location. Always ask if the deal is being done on behalf of a third party.

4. What are some of the key new requirements announced June 1, 2021?

Every new client should now be considered to be in a business relationship with your brokerage, regardless how many deals they have done in the past with your brokerage. As such, a proper explanation of the deal should be included in section D of the FINTRAC Identification form. There is also a new Beneficial Ownership Form to complete for every client, which will, for example, ask for details on all shareholders of a corporation who own more than 25 per cent of the shares and whether a buyer may be a Politically Exposed Person.

5. What must a brokerage do now to make sure they comply with their FINTRAC obligations?

Real estate brokerages must make sure they have an up-to-date FINTRAC policy with a FINTRAC compliance officer; that all agents and employees of the brokerage have taken the required FINTRAC training; that a proper brokerage risk assessment is completed every two years; and that a FINTRAC audit is also completed to make sure that your FINTRAC regime is up-to-date. I have completed FINTRAC audits for real estate brokerages across Ontario and in other provinces.

If you have any question related to FINTRAC, or if you want to set up a seminar for your brokerage, do not hesitate to contact me.

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Why pay commission to a Realtor? https://realestatemagazine.ca/why-pay-commission-to-a-realtor/ https://realestatemagazine.ca/why-pay-commission-to-a-realtor/#respond Tue, 18 May 2021 04:00:39 +0000 https://realestatemagazine.ca/why-pay-commission-to-a-realtor/ During my career I have heard many versions of these two questions: “Why should I pay a Realtor to sell my property?” and “What do I get in return for the commission I pay?”

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As a real estate professional, you know the value you bring to buyers and sellers. It’s time to share what you do with your potential clients.

During my career I have heard many versions of these two questions: “Why should I pay a Realtor to sell my property?” and “What do I get in return for the commission I pay?”

Many sellers believe that their Realtor puts a sign on the lawn, an ad in the newspaper and then waits for the property to sell. Generally, nothing could be further from the truth.

When a seller signs a listing contract the Realtor makes a commitment to help their client obtain the highest price, in the shortest time with minimum inconvenience. A good Realtor gives valuable advice, expert guidance and great value.

The Realtor provides objective and accurate information about current market value allowing seller to select the appropriate listing price. In many cases they can offer expert advice on staging the property for maximum appeal to potential buyers.

When listing the property, a Realtor is trained to represent the seller by making sure the property information is accurately and attractively presented to the marketplace. This includes careful compliance with provincial and federal regulations like the Personal Information Protection Act, the Real Estate Services Act (in B.C.) and the FINTRAC money laundering requirements. The Realtor ensures that required disclosures are made at the appropriate times.

Once a listing is signed, the Realtor begins the obvious marketing process, which includes putting the property on the Multiple Listing System, installing a sign, writing appealing print ads, creating feature sheets to leave at the property and holding open houses. In addition many Realtors feature the property on one or more internet websites, display mall kiosks and at open houses for other agents. Giving the property maximum exposure can be expensive but it is part of the commitment of the Realtor.

Much of the work of the Realtor is done quietly behind the scenes. Realtors invest time and energy in activities like qualifying potential buyers, arranging and tracking showings by co-operating agents and obtaining and sharing feedback from other Realtors. Many sellers take comfort in knowing that their Realtor will handle all inquiries seriously and do their best to ensure that only serious qualified buyers will view the seller’s property. This provides a measure of safety and security.

Realtors are also trained to provide accurate advice and valuable assistance when dealing with the significant complexities of tenant occupied properties, estate sales and foreclosure transactions.

One of areas where the Realtor provides the greatest value is negotiation. Handling objections and tactfully representing the sellers’ best interest is an important skill that Realtors obtain through specialized training and personal experience. Writing an enforceable contract and negotiating a legally binding agreement are important services that are often taken for granted by the general public until there is a problem. Then this great Realtor value quickly becomes evident.

Another generally invisible service is managing the transaction after acceptance of the offer and during the buyer due diligence period. This consists of arranging inspections, scheduling appraisals and obtaining strata documents (if applicable). Sometimes this also involves handling real estate turbulence, which includes things like appraisals lower than the sale price, problems discovered in a property inspection and other unexpected challenges. The experience and guidance of the Realtor and their broker can usually overcome these challenges.

The final job of the Realtor is to do everything they can to ensure a smooth completion of the transaction. This includes monitoring the conveyance process, confirming payment of the sale proceeds to the seller and a timely transfer of keys to the buyer. Selling a property is a significant transaction for most people and the complexities are sometimes not well understood until problems arise. A good Realtor has the training, expertise and experience to assist their client to achieve their desired results.

Probably the most amazing aspect of the tremendous value Realtors provide is guaranteed results. The seller pays nothing unless they receive an acceptable offer. There are very few other professional service providers who are prepared to demonstrate their confidence in their ability to produce results for their client in this manner.

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