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107: Why a Good Lawyer is Crucial in a Real Estate Transaction with Pushor Mitchell LLP's Patrick Bobyn

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EPISODE DESCRIPTION

Episode 107: Matt and Taylor are joined by Patrick Bobyn. Patrick is a Partner at Pushor Mitchell LLP from Kelowna, BC, who's also the Vice-President of the Board of Directors for the Kelowna Chamber of Commerce. Patrick's practice areas are primarily business law, real estate, and financial institution security. He places an emphasis on building a trusting relationship with those he works with, while focusing on providing efficient, effective, and cost-friendly services to his clients.

 

Pushor Mitchell LLP is a full-service law firm, and the largest firms outside the lower mainland, with a team of over 50 lawyers and over 100 staff serving clients across Western Canada and the U.S. Established in 1906, the Kelowna Chamber of Commerce is a not-for-profit organization improving the effectiveness of doing business for it's members in the Okanagan valley. It is a major catalyst for business growth and partnerships within a diverse and fast-growing business community.

 

Patrick is here to discuss:
→ His role in the Kelowna COC, the state of small businesses in Kelowna, and how you can get involved the Kelowna COC.
→ The lawyer's role in a real estate transaction, purchase contracts & holdbacks, and the impact of price reductions or credits at closing.
→ Compliance changes with title insurance, the first-time homebuyers GST rebate, and what happens if sellers can't afford Realtor commissions.

 

Kelowna Chamber of Commerce Website: www.kelownachamber.org

Kelowna Chamber of Commerce LinkedIn: @KelownaChamber

Pushor Mitchell Website: www.pushormitchell.com

Pushor Mitchell LinkedIn: @PushorMitchellLLP

Pushor Mitchell Instagram: @pushormitchell

Patrick Bobyn's LinkedIn: @PatrickBobyn

***

 

OUR SPONSOR

The Kelowna Real Estate Podcast is brought to you by Century 21 Assurance Realty, the gold standard in real estate. To learn more, visit: www.c21kelowna.ca

***

 

CONNECT WITH THE SHOW

Kelowna Real Estate Podcast: @kelownarealestate

Kelowna Real Estate Podcast YouTube: @KelownaRealEstatePodcast

Kelowna Real Estate Podcast Instagram: @kelownarealestatepodcast

***


CONNECT WITH MATT

Matt Glen's Website: www.mattglen.ca

Matt Glen's Email: matt.glen@century21.ca

Matt Glen's Instagram: @mattglenrealestate

***

 

CONNECT WITH TAYLOR

Taylor Atkinson's Website: www.venturemortgages.com

Taylor Atkinson's Email: taylor@venturemortgages.com

Taylor Atkinson's Instagram: @VentureMortgages

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Welcome back to the Colonial Real
Estate Podcast.

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I'm your mortgage broker host,
Taylor Atkinson.

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Drywall dust, I love it.

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Yeah, how's it going over there?

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You're on time and on budget like
all renovations.

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I mean, it's a value add for your
clients.

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Like, you know, it's nice to have
a real estate agent that has done

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renovations or gone through like
permanent process and can kind of

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understand some of the pain
points.

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Yeah.

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It's harder like when you're

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living in the home, but it's not
really affecting your living

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conditions and your kids.

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Yeah, totally.

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Yeah.

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And you guys are converting it to

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a suite, right?
A basement suite?

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Yeah.

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Yeah, I mean, your kitchen in the

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main is awesome, but it's like
that was pre -kids and...

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You know, it's like something that
you have a lot of passion about

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because you're going to be using
it like immediately.

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You wear a basement suite.

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You're like, huh.

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Yeah.

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Well, good luck, man.

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Yeah.

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Speaking of luck, wearing a Blue

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Jays hat today.

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We're heading down actually

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tomorrow to see game four.

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So they need some luck at this

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point.

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They're not playing as they should

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be.

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They just need to start hitting

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the ball.

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So I'm confident they'll win too

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in Seattle.

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And then they'll bring it back to

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Toronto for Game 7.

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Okay, well, we want to jump into

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this show.

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We recorded with Patrick Bobbin

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from Pusher & Mitchell and Kelowna
Chamber of Commerce.

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So with Pusher & Mitchell, he's a
lawyer there, partner, and then

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Chamber of Commerce, he's vice
president on the board.

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I work a lot with Pat and he is
awesome.

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And I think one of the big things
that I want to communicate, and

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we've talked about this a bunch on
the show before, is like you

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really want a team of
professionals that are on the same

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page.

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They communicate with each other

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like they're working collectively.

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get the job done you know we have

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some great lawyers in town to do
these transactions but yeah i've

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worked with pat a ton and uh yeah
his team's awesome i can't say

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enough about them so just find
someone you trust and you feel is

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going to get the job done because
you do not want things blowing up

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at the last minute and somebody's
law firm not being able to handle

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it so maybe you can speak to that
as well because i know yeah times

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get a little stressful at the end
of it Yeah.

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Prusher & Mitchell is a huge firm.

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Like they do everything.

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They've been in Kelowna for 50
years or something.

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And yeah, they're involved in the
community as well.

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Like, you know, for Pat to be in
with the Chamber of Commerce, like

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working with small businesses kind
of has his finger on the pulse.

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So I brought up some awesome
points near the end of the show

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too.

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Like pretty interesting

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suggestions on clauses or how to
structure deals.

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So yeah, I think well worth the
listen.

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You guys are going to enjoy the
show.

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I don't know if he has time for
it, man.

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Like he's got two young kids as
well.

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His wife's a lawyer who's an
amazing lawyer as well.

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They're doing great things in the
community, but yeah, I can't say

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enough good things about that.

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Like he's just been awesome to

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work with.

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So yeah.

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Okay, Patrick Bobbin, it's been a
long time coming trying to get you

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on the show, but glad we could
sync up schedules.

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How are you?
I'm doing well.

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Thanks, Taylor.

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Matt, it's great to be on here.

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And it has been a long time
coming, but really looking forward

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to it.

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I think good busy guests are hard

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to get.

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So yeah, you tick the box.

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Maybe we'll just jump straight
into, I mean, you kind of have two

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roles that we wanted to discuss
today.

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And one is on the Chamber of
Commerce.

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So can you kind of give us a high
level view of...

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Yeah, what your role is there and
what is the Chamber of Commerce?

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No, absolutely.

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Great question in that regard.

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And for those who don't know,
Kelowna Chamber of Commerce,

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business community is really what
that is.

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And so the Chamber is where
businesses of all sizes, from sole

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proprietorship to hundreds of
employees, can be a member in

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terms of what the Chamber
provides.

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I would say are three main things.

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Advocacy, benefits.

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and connections and so depending
on what a business is looking for

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whether it be all three or one of
those things the chamber provides

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that where our intent our revision
is to be the catalyst of the

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business community and so my role
i'm a director it's a volunteer

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board but typically there is a
lawyer or lawyers on that board we

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actually have three right now to
practicing the smart ones, not

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practicing, but something that my
firm push for Mitchell has been

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involved with for a long period of
time.

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We typically have a lawyer on that
board.

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And so it's my turn right now.

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Like you must have your finger on

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the pulse in terms of small
businesses in Kelowna.

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Like what is the current vibe?
Are people worried economically?

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Are people thriving?
Do people see opportunities?

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Like, yeah, what are the
discussions you guys are having?

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No, it's a good question.

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It really is something that it's

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not a one size fits all, but.

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A big part of our model is we

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intend to be the voice for the
business community.

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And so really, I'd say a big thing
we do is listen.

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We always say, what is keeping you
up at night to our members?

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And there's, we have over a
thousand members.

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So you think of the business
community, I mean, that impacts a

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lot of different sectors.

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I think what you see right now,

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and in a lot of ways, not
surprising, but it's just that

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business uncertainty.

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You look at the States, what's

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going on down there and the ripple
effect that it has up here.

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You look at rising costs.

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A lot of business owners, big and

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smaller saying, my margins are
shrinking and shrinking and

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shrinking.

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Expenses are going up.

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How do I keep the lights on going
forward?

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So while there is a lot of
optimism and there's a lot of

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great success stories in this
town, I do think our business

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community is still very much in
that cloud of uncertainty in terms

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of going to 2026 and what that
looks like going forward.

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And so the Chamber's role is
really, going back to those three

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things, advocacy.

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What are the issues?

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What are keeping our members up at
night?

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How can we relay that to the
proper channels?

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Is that a municipal issue?
Is that something that we should

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be going to the federal level,
proposing a policy or trying to

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get a distinguished speaker in to
talk about that issue?

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Those are all things as the
chamber we try to facilitate.

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That's awesome.

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And so I guess in the last couple

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of years, I'm just kind of
assuming, but have we seen kind of

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tourism go down, you know, forest
fires, Airbnb, stuff like that?

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Like, is that what is also
impacting small businesses or do

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you guys have some of that data?
yeah there's a lot of good

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intersections so Tourism Kelowna
is really focused on the tourism

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side of things but we very much
work hand in hand and there's a

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lot of issues that are relevant
for their members and our members

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and we also share a lot of members
as you can appreciate there in

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that regard so I think certainly
you look at this past year and

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especially with the states per se
and you know that's a big part of

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our tourism there was concern
there now obviously I think on the

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flip side that did promote cross
jurisdiction in terms of Canada

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and Canadians coming out this way,
which is good.

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But like you said, there's always
barriers we have to consider here.

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There's the short term rentals,
which is a big part of our

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community.

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And our mayor actually spoke about

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that a couple of weeks ago at one
of our chamber luncheons and

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hurdles in that regard.

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And we're always asking what more

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can we do to promote tourism
within the city?

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You kind of hit a buzz topic
there.

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And so one of the things the
chamber does at both a provincial

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and a federal level is promote
policy.

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So chambers throughout BC once a
year will go to an annual general

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meeting of BC chambers where
certain policies can be promoted.

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And that actually happens at the
federal level as well.

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It actually happened last week
where our president and our CEO

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went to Mississauga and were at
the federal level there where they

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can promote certain policies.

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And so one of the ones that we

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have been pushing for a long
period of time is that inter

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-provincial cross -border trade.

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And obviously the barriers that we

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see, you think of the wine
industry per se, or alcohol in

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that regard.

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And so I think we've been

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hammering on that in addition to
many other chambers and entities,

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but that's been something we've
been trying to push for years.

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And obviously with everything
happening in the States.

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it does look like there's been a
little bit of movement there now

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obviously uh the federal level you
had to get 13 provinces and

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territories on board there but we
do feel that locally that's been

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an issue that we've been on top of
and something we've been quite

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vocal about and hopefully we're
starting to see some movement

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there yeah you think it would have
happened like at a much more rapid

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pace like you think you know
tariffs would have been the the

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catalyst to like get inner
provincial trading going here you

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know but it hasn't come to
fruition you think it would have

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happened like at a much more rapid
pace like you think you know

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tariffs would have been the the
catalyst to like get inner

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provincial trading going here you
know but it hasn't come to

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00:09:42,840 --> 00:09:45,760
fruition No, I mean, again, as
much as it's something that we

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advocate for at a local level in
terms of a policy, it does work

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00:09:49,760 --> 00:09:50,140
its way up.

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I think right now it's really

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between the federal level and all
your provinces trying to figure

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out how to make that work.

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I'm not a politician by any means,

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but I think it'd be appreciated
that a lot of moving parts there.

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00:09:59,480 --> 00:10:03,740
But I think there's a general
consensus that it's something that

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00:10:03,740 --> 00:10:04,680
has to get figured out.

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00:10:04,680 --> 00:09:54,900
It's just we got to get there.

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00:09:54,900 --> 00:09:57,920
You know, Matt, I think it's one
of those things too, is like you

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00:09:57,920 --> 00:10:00,580
said, it's always the ripple or
the unintended consequences or how

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00:10:00,580 --> 00:10:02,740
that impacts other industries.

224
00:10:02,740 --> 00:10:04,500
We obviously look at tourism again

225
00:10:04,500 --> 00:10:06,770
and how, especially in the
summertime, short -term rentals

226
00:10:06,870 --> 00:10:08,310
provided an alternative avenue for
accommodations, which obviously I

227
00:10:08,310 --> 00:10:10,390
would say has a good impact on
surrounding business, whatnot.

228
00:10:10,390 --> 00:10:13,490
And again, as a chamber, we also
have to appreciate that we have

229
00:10:13,490 --> 00:10:15,490
many members who are hotels or
other forms of accommodation.

230
00:10:15,490 --> 00:10:18,330
So you're trying to find that
balance between all the various

231
00:10:18,490 --> 00:10:19,190
considerations per se.

232
00:10:19,190 --> 00:10:21,330
But another avenue is short -term

233
00:10:21,330 --> 00:10:23,510
rentals at time would provide
other accommodations for work

234
00:10:23,510 --> 00:10:26,450
reasons, whether they're here for
a certain period of time to do

235
00:10:26,450 --> 00:10:27,130
their job or whatnot.

236
00:10:27,130 --> 00:10:28,630
And so with the restrictions we

237
00:10:28,630 --> 00:10:49,660
have, that does add another hurdle
on that end, which can have

238
00:10:49,660 --> 00:10:50,600
impacts from an economic
perspective as well.

239
00:10:50,600 --> 00:10:55,040
On our end, I'm kind of wearing my
legal hat as well in terms of just

240
00:10:55,040 --> 00:10:57,140
the businesses I advise per se.

241
00:10:57,140 --> 00:10:58,820
You know, Kelowna, obviously in

242
00:10:58,820 --> 00:11:03,460
the greater Okanagan, a lot of the
focus is on tourism, but year

243
00:11:03,460 --> 00:11:03,860
round.

244
00:11:03,860 --> 00:11:05,840
a lot of those issues don't go

245
00:11:05,840 --> 00:11:09,930
away and so i know the chamber is
a big proponent of shop local and

246
00:11:09,930 --> 00:11:13,370
contribute to the local economy
not just in the four summer months

247
00:11:13,370 --> 00:11:16,010
but year round i think back to
your question there it's

248
00:11:16,010 --> 00:11:19,130
definitely something that impacts
us year round and on multiple

249
00:11:19,130 --> 00:11:22,490
levels including the restaurants
absolutely do you see the chamber

250
00:11:22,490 --> 00:11:25,790
like when everyone's you see the
chamber like when everyone's

251
00:11:25,790 --> 00:11:28,010
profitable and, you know, economy
is good on the small business

252
00:11:28,010 --> 00:11:28,330
side.

253
00:11:28,330 --> 00:11:30,050
Does that correlate directly to

254
00:11:30,050 --> 00:11:32,670
like you guys doing more
transactions and closing on the

255
00:11:32,670 --> 00:11:33,990
legal side, like real estate's
booming as well?

256
00:11:33,990 --> 00:11:55,950
They kind of go hand in hand or is
there any connection between those

257
00:11:55,950 --> 00:11:57,010
two?
I think, think, I mean, honestly,

258
00:11:57,010 --> 00:12:00,290
a good economy is good for all,
you know, obviously on the, you

259
00:12:00,290 --> 00:12:02,910
know, the chamber and we want to
see business thrive at all levels.

260
00:12:02,910 --> 00:12:05,670
Our main viewpoint there is a
business is good.

261
00:12:05,670 --> 00:12:08,270
That's going to have a ripple
effect on various professions per

262
00:12:08,270 --> 00:12:08,390
se.

263
00:12:08,390 --> 00:12:11,010
I mean, look at the three of us in

264
00:12:11,010 --> 00:12:11,770
our profession.

265
00:12:11,770 --> 00:12:13,150
As real estate goes up, it

266
00:12:13,150 --> 00:12:14,430
benefits all three of ours.

267
00:12:14,430 --> 00:12:16,630
And so I do see that here.

268
00:12:16,630 --> 00:12:21,390
I mean, when you look back to
COVID or in times of uncertainty,

269
00:12:21,390 --> 00:12:23,210
I think on the transactional side,
you do see a bit more creativity

270
00:12:23,210 --> 00:12:23,770
per se.

271
00:12:23,770 --> 00:12:26,120
Things like vendor financing or

272
00:12:26,120 --> 00:12:29,180
other ways of potentially getting
deals done if you have a motivated

273
00:12:29,180 --> 00:12:30,280
buyer and seller.

274
00:12:30,280 --> 00:12:32,000
But certainly if the economy is

275
00:12:32,000 --> 00:12:33,980
good and business is doing well.

276
00:12:33,980 --> 00:12:35,660
That definitely is going to have a

277
00:12:35,760 --> 00:12:37,680
positive effect on the legal side
from a transaction point of view.

278
00:12:37,680 --> 00:12:40,580
Maybe to kind of wrap up on the
commerce side, how do people

279
00:12:40,580 --> 00:12:43,300
connect with you, small business
owners, or maybe not you

280
00:12:43,300 --> 00:12:45,100
specifically, but how do they get
involved in the Chamber of

281
00:12:45,100 --> 00:12:47,520
Commerce and what does that look
like?

282
00:12:47,520 --> 00:12:49,680
The Chamber is a not -profit
organization, so we do have a

283
00:12:49,680 --> 00:12:52,480
small team led by our CEO of
George Greenwood.

284
00:12:52,480 --> 00:12:53,820
Chamber is a not -profit
organization, so we do have a

285
00:12:53,820 --> 00:12:55,840
small team led by our CEO of
George Greenwood.

286
00:12:55,840 --> 00:12:58,880
And I will say our team is small
in number, but they all punch well

287
00:12:59,000 --> 00:12:59,900
above their weight class.

288
00:12:59,900 --> 00:13:02,200
The work they do on a daily basis

289
00:13:02,200 --> 00:13:03,400
is unbelievable from an
operational perspective.

290
00:13:03,500 --> 00:13:06,860
perspective and a lot of big
events that we host whether it be

291
00:13:06,860 --> 00:13:10,020
luncheons or educational events or
speaker series you know our big

292
00:13:10,020 --> 00:13:13,380
event actually at the end of this
month is the business excellence

293
00:13:13,380 --> 00:13:16,780
awards which is always a fantastic
night to really celebrate a local

294
00:13:16,780 --> 00:13:19,500
business there's over 16 awards
that are presented and I've been

295
00:13:19,500 --> 00:13:21,960
going for a couple years now that
event is always so amazing to see

296
00:13:21,960 --> 00:13:25,040
the type of business out there the
awards are quite diverse in terms

297
00:13:25,140 --> 00:13:27,180
of the categories typically what
happens is your finalists each one

298
00:13:27,180 --> 00:13:29,740
for each award it's a long night
But you do get a video overview of

299
00:13:29,740 --> 00:13:32,860
what each business does and their
story, their individual story.

300
00:13:32,860 --> 00:13:35,680
It's inspiring, actually, just to
hear the different stories and

301
00:13:35,680 --> 00:13:31,960
different successes our community
has in that regard.

302
00:13:31,960 --> 00:13:32,680
Those are operations.

303
00:13:32,680 --> 00:13:34,540
And then from a board governance

304
00:13:34,540 --> 00:13:37,360
model, myself, in addition to
other directors, were there to

305
00:13:37,360 --> 00:13:39,080
really guide the chamber from a
governance perspective.

306
00:13:39,080 --> 00:13:41,140
And so I'm the vice president this
year.

307
00:13:41,140 --> 00:13:43,180
That's certainly something that if
people are interested, they have

308
00:13:43,180 --> 00:13:47,120
just general questions on how the
chamber works or if they want to.

309
00:13:47,120 --> 00:13:51,040
get involved as a member or as a
volunteer i mean they can

310
00:13:51,040 --> 00:13:54,580
certainly reach out to me or just
reach out to our ceo george in

311
00:13:54,580 --> 00:13:57,360
general through our website
awesome man i love it yeah and

312
00:13:57,360 --> 00:14:02,520
that is one thing like i see in
kelowna and maybe you know we live

313
00:14:02,520 --> 00:14:05,520
in a bit of a bubble and people
aren't so aware but like there are

314
00:14:05,520 --> 00:14:08,040
some awesome entrepreneurs in
okanagan is such a good community

315
00:14:08,040 --> 00:14:11,660
that way so yeah it must be
exciting to see them grow i will

316
00:14:11,660 --> 00:14:14,860
finish with one more thing on the
chamber and this is i'm going to

317
00:14:15,320 --> 00:14:18,000
throw a question at you we're
celebrating a you know milestone

318
00:14:18,000 --> 00:14:22,840
next year as a chamber man i love
it yeah and that is one thing like

319
00:14:22,840 --> 00:14:27,900
i see in kelowna and maybe you
know we live in a bit of a bubble

320
00:14:27,900 --> 00:14:31,120
and people aren't so aware but
like there are some awesome

321
00:14:31,120 --> 00:14:33,680
entrepreneurs in okanagan is such
a good community that way so yeah

322
00:14:33,680 --> 00:14:37,840
it must be exciting to see them
grow will finish with one more

323
00:14:37,840 --> 00:14:40,940
thing on the chamber and this is
i'm going to throw a question at

324
00:14:40,940 --> 00:14:43,510
you we're celebrating a you know
milestone next year as a chamber

325
00:14:43,510 --> 00:14:45,330
How old do you think the Kelowna
Chamber of Commerce is?

326
00:14:45,330 --> 00:14:45,970
Oh, 25 years.

327
00:14:45,970 --> 00:14:47,570
Next year will be our 120th

328
00:14:47,570 --> 00:14:47,830
anniversary.

329
00:14:47,830 --> 00:14:49,930
I know, I didn't want to go too

330
00:14:49,930 --> 00:14:50,350
high.

331
00:14:50,350 --> 00:14:51,290
I said 125, not 25.

332
00:14:51,290 --> 00:14:51,630
That's incredible.

333
00:14:51,630 --> 00:14:53,590
So yeah, I mean, you look at that.

334
00:14:53,590 --> 00:14:55,790
So it's been around in some shape
or form for a long period of time.

335
00:14:55,790 --> 00:14:56,750
Obviously, you know.

336
00:14:56,750 --> 00:14:59,030
Well, for that, it's had to adapt

337
00:14:59,030 --> 00:15:01,930
and change and in terms of
providing value to its members.

338
00:15:01,930 --> 00:15:03,750
But as a chamber, we're very
excited for next year.

339
00:15:03,750 --> 00:15:06,470
Already, there's a lot of talk
about the different ways we can

340
00:15:06,470 --> 00:15:07,750
celebrate quite a significant
milestone, so to speak.

341
00:15:07,750 --> 00:15:08,070
Congrats.

342
00:15:08,070 --> 00:15:08,530
That's awesome.

343
00:15:08,530 --> 00:14:50,910
I don't know how you have time for
that and legal and a couple of

344
00:14:50,910 --> 00:14:51,470
kids like you're...

345
00:14:51,470 --> 00:14:51,790
And Pontiac.

346
00:14:51,790 --> 00:14:51,970
Pontiac.

347
00:14:51,970 --> 00:14:52,770
That laugh was hard.

348
00:14:52,770 --> 00:14:54,990
No. Well, you know what it does?
I hinted earlier, Pusher Mitchell,

349
00:14:54,990 --> 00:14:57,670
where I'm a partner at, it's only
been around for 53 years, I

350
00:14:57,670 --> 00:15:00,810
believe, but has had a
longstanding relationship with the

351
00:15:00,810 --> 00:15:00,950
Chamber.

352
00:15:00,950 --> 00:15:02,810
I mean, it does go hand in hand.

353
00:15:02,810 --> 00:15:06,230
We don't just share a parking lot,
as I like to say, but many lawyers

354
00:15:06,230 --> 00:15:09,450
have served on the board, or I
believe we've had five or six past

355
00:15:09,450 --> 00:15:11,110
presidents that have led the board
in that regard.

356
00:15:11,110 --> 00:15:14,280
And especially as someone, I call
myself a business lawyer, I think

357
00:15:14,280 --> 00:15:22,500
it goes hand in hand.

358
00:15:22,500 --> 00:15:22,960
My expertise definitely

359
00:15:22,960 --> 00:15:29,600
contributes nicely to a governance
board, but at the same time, in

360
00:15:29,600 --> 00:15:34,180
terms of advising my clients from
a business perspective, to have

361
00:15:34,300 --> 00:15:36,520
that sort of insight as to really
how all the levers work from a

362
00:15:36,520 --> 00:15:38,220
chamber and a municipal standpoint
definitely helps.

363
00:15:38,220 --> 00:15:39,720
Yeah, that's awesome.

364
00:15:40,060 --> 00:15:41,170
On the legal side of things,

365
00:15:41,170 --> 00:15:45,710
before we put you in the hot seat
and just fire questions at you, do

366
00:15:45,910 --> 00:15:49,710
you kind of want to let us know
any current legal updates or

367
00:15:49,710 --> 00:15:52,270
anything in the pipeline that you
might want to fill us in on?

368
00:15:52,270 --> 00:15:52,750
No, absolutely.

369
00:15:52,750 --> 00:15:56,030
And so the overlap we all have is

370
00:15:56,030 --> 00:15:56,950
real estate is part of my
practice.

371
00:15:56,950 --> 00:16:00,010
I advise businesses really at that
commercial element.

372
00:16:00,010 --> 00:16:04,110
But on real estate side, both
residential commercials, a big

373
00:16:04,110 --> 00:16:06,360
part of my practice.

374
00:16:06,500 --> 00:16:07,300
And so we're always seeing what's

375
00:16:07,300 --> 00:16:08,980
changing or shifting in that
regard.

376
00:16:08,980 --> 00:16:11,880
And two things I think I'd raise,
and I appreciate you've had a lot

377
00:16:12,500 --> 00:16:15,920
of great lawyers on in the past in
terms of a timestamp.

378
00:16:16,000 --> 00:16:17,360
And here we are in October of
2025.

379
00:16:17,360 --> 00:16:19,760
You know, a big thing actually is
more on the administration end is

380
00:16:19,760 --> 00:16:20,560
compliance.

381
00:16:20,560 --> 00:16:21,040
And so.

382
00:16:21,040 --> 00:16:22,680
Title insurance, which is
something that you see typically

383
00:16:22,680 --> 00:16:23,420
in all transactions.

384
00:16:23,420 --> 00:16:25,280
Now it's something that lenders

385
00:16:25,280 --> 00:16:27,760
require as part of any sort of
financing per se.

386
00:16:27,760 --> 00:16:30,220
The title insurance, which really
ensures title to the property.

387
00:16:30,220 --> 00:16:32,880
We have to get various information
on the client, individual

388
00:16:32,880 --> 00:16:33,160
information.

389
00:16:33,160 --> 00:16:35,080
That's now really a FinTrack

390
00:16:35,080 --> 00:16:35,220
regulated element.

391
00:16:35,220 --> 00:16:36,480
And so when we provide that

392
00:16:36,480 --> 00:16:39,200
information to the insurers, it's
not just to get the insurance

393
00:16:39,200 --> 00:16:41,500
bound per se, but now the title
insurers have to.

394
00:16:41,500 --> 00:16:42,720
relay that information through
FinTrack.

395
00:16:42,720 --> 00:16:46,960
And so I think as it can be
appreciated, it's something that

396
00:16:46,960 --> 00:16:49,020
is adding on another
administrative layer, so to speak,

397
00:16:49,020 --> 00:16:49,880
another item that we have to
address.

398
00:16:49,880 --> 00:16:52,840
And so part of our role as legal
counsel, which gets the back end

399
00:16:52,840 --> 00:16:55,740
of these transactions as we're
getting ready for closing, is you

400
00:16:55,740 --> 00:16:58,940
just want to be proactive in terms
of getting that information and

401
00:16:58,940 --> 00:17:01,300
making sure that's not going to be
something that potentially holds

402
00:17:01,300 --> 00:17:02,060
up a prospective closing.

403
00:17:02,280 --> 00:17:04,020
As of October 1st, 2025.

404
00:17:04,020 --> 00:17:06,220
Typically, my understanding, Mac,
the realtors are not really

405
00:17:06,440 --> 00:17:08,000
involved with the title insurance
aspect.

406
00:17:08,000 --> 00:17:10,780
I mean, obviously, you have to
have your own hoops.

407
00:17:10,780 --> 00:17:13,420
You have to jump through from an
ID verification standpoint.

408
00:17:13,420 --> 00:17:15,460
I think the big thing is it really
does impact the lawyers because

409
00:17:15,460 --> 00:17:18,400
we're the ones that work directly
with the title insurers to get the

410
00:17:18,460 --> 00:17:18,540
policy.

411
00:17:18,540 --> 00:17:21,180
Given now that that is a piece of

412
00:17:21,180 --> 00:17:23,200
personal information that's now
going to be shared with a third

413
00:17:23,200 --> 00:17:26,540
party and shared with FinTrack,
it's something we actually have to

414
00:17:26,540 --> 00:17:28,760
get approval from our client right
off the bat.

415
00:17:28,760 --> 00:17:32,860
And so it's something where... I
think in the past, you weren't as

416
00:17:32,860 --> 00:17:35,880
concerned about addressing that
item right off the bat.

417
00:17:35,880 --> 00:17:38,260
It's definitely something that's
more at the forefront now because,

418
00:17:38,260 --> 00:17:42,900
you know, some transactions, you
don't have a lot of time turn

419
00:17:42,900 --> 00:17:46,060
around between condition removal
and closing, and you need title

420
00:17:46,060 --> 00:17:48,600
insurance in place for closing if
you have a lender.

421
00:17:48,600 --> 00:17:50,500
I speak for all mortgage brokers.

422
00:17:50,500 --> 00:17:51,920
We apologize on tight timeframes,

423
00:17:52,440 --> 00:17:54,260
you know, especially this fall.

424
00:17:54,500 --> 00:17:55,500
Yeah, you get.

425
00:17:55,500 --> 00:17:57,680
certain promos by certain lenders
that you have to close within 30

426
00:17:57,680 --> 00:18:01,780
days to get specific rates and you
know it puts the legal side under

427
00:18:01,780 --> 00:18:05,180
a lot of pressure because you know
we're constantly trying to push to

428
00:18:05,180 --> 00:18:08,420
get instructions sent to you guys
as soon as possible but there are

429
00:18:08,620 --> 00:18:10,340
conditions that you know we have
to meet before they send those

430
00:18:10,340 --> 00:18:12,780
instructions but if you have you
know piles more compliance

431
00:18:12,780 --> 00:18:18,400
paperwork like title insurance you
know that's why you guys really

432
00:18:18,400 --> 00:18:25,950
need that like 10 business days
you know before closing right so

433
00:18:25,950 --> 00:18:26,170
Yeah.

434
00:18:26,170 --> 00:18:28,350
And like you said, Taylor, I mean,

435
00:18:28,530 --> 00:18:30,130
every transaction is different in
terms of timeline.

436
00:18:30,130 --> 00:18:32,550
Sometimes there is certain things
that will dictate the timeline per

437
00:18:32,550 --> 00:18:32,770
se.

438
00:18:32,770 --> 00:18:35,350
I mean, I would say a lot of the

439
00:18:35,350 --> 00:18:38,070
information we're getting is
information we'd be getting in any

440
00:18:38,070 --> 00:18:38,270
event.

441
00:18:38,270 --> 00:18:39,910
A lot of the compliance over the

442
00:18:39,910 --> 00:18:42,670
past few years, and whether that
be the law society, ID

443
00:18:42,670 --> 00:18:45,090
verification requirements,
disclosure from a transparency

444
00:18:45,090 --> 00:18:46,750
perspective, these are all things
we'd be collecting in some shape

445
00:18:46,750 --> 00:18:50,430
or form anyway, but it's just now
that extra what we're doing with

446
00:18:50,430 --> 00:18:51,050
that information.

447
00:18:51,050 --> 00:18:51,790
And that's not to...

448
00:18:51,790 --> 00:18:55,390
That's not to scare clients in
that regard, but it just is part

449
00:18:55,390 --> 00:18:57,610
of the process now in terms of
doing a transaction.

450
00:18:57,750 --> 00:18:58,210
Yeah.

451
00:18:58,210 --> 00:18:59,050
What about GST?

452
00:18:59,050 --> 00:19:00,310
You got anything interesting there
for us?

453
00:19:00,350 --> 00:19:02,030
Everyone's favorite GST, right?
And then in terms of whether it's

454
00:19:02,030 --> 00:19:02,630
applicable or not.

455
00:19:02,630 --> 00:19:05,190
You know, one thing that's sort of

456
00:19:05,190 --> 00:19:07,550
come up, it's not here yet, but
back in the spring, there was

457
00:19:08,110 --> 00:19:08,830
actually discussion.

458
00:19:08,830 --> 00:19:10,410
They knew first time home buyers

459
00:19:10,410 --> 00:19:11,430
GST rebate.

460
00:19:11,430 --> 00:19:14,210
And so typically on new builds per

461
00:19:14,350 --> 00:19:15,620
se, there is GST.

462
00:19:15,620 --> 00:19:15,800
payable.

463
00:19:15,800 --> 00:19:17,800
PTT is not payable at certain
times, property transfer tax.

464
00:19:17,800 --> 00:19:21,140
And again, not a politician, but
part of the new carny coming in

465
00:19:21,140 --> 00:19:23,620
and whatnot, there was some
proposed legislation about first

466
00:19:23,620 --> 00:19:26,040
-time homebuyers where really
between one and $1 .5 million new

467
00:19:26,040 --> 00:19:29,220
homes, there could be a
prospective GST rebate if you are

468
00:19:29,220 --> 00:19:30,220
a new homebuyer.

469
00:19:30,220 --> 00:19:31,220
Now that is not in effect yet.

470
00:19:31,220 --> 00:19:35,380
So if you were buying a new home
today and you are a first -time

471
00:19:35,380 --> 00:19:36,920
homebuyer, you are paying GST on
that.

472
00:19:36,920 --> 00:19:40,120
but it is something that has been
proposed with the house of commons

473
00:19:40,120 --> 00:19:43,840
and theoretically if it does get
passed at some time i think that

474
00:19:43,840 --> 00:19:47,200
would definitely help be a
catalyst in terms of getting first

475
00:19:47,200 --> 00:19:50,580
-time home buyers into the market
because oxygst is a part of the

476
00:19:50,580 --> 00:19:53,500
consideration in terms of what
your budget is per se Now you

477
00:19:53,500 --> 00:19:55,120
nailed that, right?
I'll say my favorite legal answer

478
00:19:55,120 --> 00:19:56,080
is we don't know yet.

479
00:19:56,080 --> 00:19:57,100
Now it depends on the legislation,

480
00:19:57,100 --> 00:20:01,680
how it works, but you're right
because a rebate in essence is

481
00:20:01,680 --> 00:20:03,940
really you're paying it and
getting the money back.

482
00:20:03,940 --> 00:20:05,700
There is a first time home buyers
rebate right now.

483
00:20:05,700 --> 00:20:08,600
It's quite a bit smaller on new
build homes, but that's how it

484
00:20:08,600 --> 00:20:11,820
works is you are paying the GST
upfront typically, and then you

485
00:20:11,820 --> 00:20:12,600
get a rebate after.

486
00:20:12,600 --> 00:20:14,360
Would that work in this case?

487
00:20:14,360 --> 00:20:18,880
I mean, again, you think if we're
looking at homes up to 1 .5, that

488
00:20:19,260 --> 00:20:21,320
can be quite significant GST.

489
00:20:21,320 --> 00:20:22,260
And so if the whole... thought

490
00:20:22,260 --> 00:20:25,000
process from a policy standpoint
is to try to get more people in

491
00:20:25,120 --> 00:20:28,640
the market and also sure then
paying it up front and then

492
00:20:28,640 --> 00:20:33,760
getting a rebate afterwards that's
just that yeah yeah it should be

493
00:20:33,760 --> 00:20:37,320
an exemption for sure from a
lending point of view generally

494
00:20:37,890 --> 00:20:42,090
lenders don't finance the gst
anyway so it wouldn't be like you

495
00:20:42,290 --> 00:20:46,070
know the lender funds it and then
you're getting that cash back as a

496
00:20:46,070 --> 00:20:50,450
client like you have to come up
out of pocket should be an

497
00:20:50,450 --> 00:20:54,650
exemption for sure from a lending
point of view generally lenders

498
00:20:54,650 --> 00:20:57,910
don't finance the gst anyway so it
wouldn't be like you know the

499
00:20:58,070 --> 00:21:00,590
lender funds it and then you're
getting that cash back as a client

500
00:21:00,590 --> 00:21:03,370
like you have to come up out of
pocket No, we typically don't see

501
00:21:03,370 --> 00:21:06,540
it unless it's incorporated in the
purchase contract of just the

502
00:21:06,540 --> 00:21:07,180
price itself.

503
00:21:07,180 --> 00:21:09,400
I mean, Pat, you've seen way more

504
00:21:09,400 --> 00:21:10,400
transactions than I have.

505
00:21:10,400 --> 00:21:12,920
Maybe I've got this wrong, but the

506
00:21:12,920 --> 00:21:16,160
ones that I've done with GST, the
client has to come up out of their

507
00:21:16,160 --> 00:21:16,420
own pocket.

508
00:21:16,420 --> 00:21:18,420
It won't be facilitated from the

509
00:21:18,420 --> 00:21:18,460
mortgage.

510
00:21:18,460 --> 00:21:18,540
Yeah.

511
00:21:18,540 --> 00:21:48,320
I mean, what will happen is from a
more of a mechanical perspective,

512
00:21:48,320 --> 00:21:50,940
when we're meeting with a client,
you look at a statement of

513
00:21:50,940 --> 00:21:53,620
adjustments, there is a separate
line item for GST in that regard,

514
00:21:53,620 --> 00:21:54,680
whatever it ends up being.

515
00:21:54,680 --> 00:21:55,960
And so that is added.

516
00:21:55,960 --> 00:21:57,740
I mean, obviously we factor in
whatever the mortgage proceeds

517
00:21:57,940 --> 00:22:00,580
are, but that is certainly an item
that is added on top in terms of

518
00:22:00,580 --> 00:22:01,880
what the ultimate.

519
00:22:01,880 --> 00:22:03,000
breakdown of cash that a client

520
00:22:03,000 --> 00:22:06,140
has to bring in is it's like
property transfer tax right like

521
00:22:06,140 --> 00:22:09,140
that's not going to be financed
from a lender so recently i have

522
00:22:09,140 --> 00:22:10,780
seen a few times as you're seeing
motivated developers that are

523
00:22:10,780 --> 00:22:13,660
trying to move in recovery is they
sell to collect the gst but

524
00:22:13,660 --> 00:22:16,990
they'll be now offering a credit a
buyer's incentive call it what you

525
00:22:16,990 --> 00:22:19,070
will like property transfer tax
right like that's not going to be

526
00:22:19,070 --> 00:22:21,990
financed from a lender recently i
have seen a few times as you're

527
00:22:21,990 --> 00:22:26,730
seeing motivated developers that
are trying to move in recovery is

528
00:22:26,730 --> 00:22:31,050
they sell to collect the gst but
they'll be now offering a credit a

529
00:22:31,050 --> 00:22:34,270
buyer's incentive call it what you
will That coincidentally equals

530
00:22:34,270 --> 00:22:35,930
the 5 % value of the purchase
price.

531
00:22:35,930 --> 00:22:37,230
We have a line item for GST.

532
00:22:37,230 --> 00:22:25,270
That GST is getting paid to seller

533
00:22:25,270 --> 00:22:28,430
per se, but then they are getting
a credit, which washes it out.

534
00:22:28,430 --> 00:22:33,110
That is something I've seen a few
times now quite recently in terms

535
00:22:33,110 --> 00:22:34,550
of developers trying to move
product.

536
00:22:34,550 --> 00:22:34,910
Yeah.

537
00:22:34,910 --> 00:22:35,610
Hypothetically, what does a

538
00:22:35,610 --> 00:22:37,230
transaction look like?
Like a client gets an accepted

539
00:22:37,230 --> 00:22:42,150
offer, you know, they send it over
to you because...

540
00:22:42,150 --> 00:22:44,670
You know, hopefully every real
estate agent puts in a condition

541
00:22:44,670 --> 00:22:45,470
for a legal review.

542
00:22:45,470 --> 00:22:52,000
You open up a file with a client,

543
00:22:52,000 --> 00:22:54,320
what are kind of the next steps?
You nailed it there, nailed it

544
00:22:54,320 --> 00:22:54,620
there, Taylor.

545
00:22:54,620 --> 00:22:56,040
I mean, ideally there is a

546
00:22:56,040 --> 00:22:58,200
condition or a due diligence
period that has a legal element to

547
00:22:58,200 --> 00:22:58,800
it.

548
00:22:58,800 --> 00:23:00,640
And really that is our opportunity

549
00:23:00,680 --> 00:23:03,220
from the legal end to really look
at contract, make sure we're

550
00:23:03,240 --> 00:23:04,060
comfortable with what that looks
like.

551
00:23:04,060 --> 00:23:06,560
Look at title, make sure we're
comfortable with what title looks

552
00:23:06,560 --> 00:23:06,680
like.

553
00:23:06,680 --> 00:23:09,040
And the way I like to frame it to

554
00:23:09,040 --> 00:23:10,020
our clients are, are you legally
informed?

555
00:23:10,020 --> 00:23:12,780
Can you make a legally informed
decision to move forward with this

556
00:23:12,780 --> 00:23:15,620
purchase if you so choose?
And so that's really our task to

557
00:23:15,620 --> 00:23:18,930
really, you know, are there any
flags, anything we should raise?

558
00:23:18,930 --> 00:23:21,730
Do we have all the information?
And so that is our role during the

559
00:23:21,730 --> 00:23:22,830
due diligence period.

560
00:23:22,830 --> 00:23:23,710
Typically the client is also at

561
00:23:23,710 --> 00:23:30,050
the same time doing their
inspection.

562
00:23:30,050 --> 00:23:32,830
They're financing an order, making
sure they can get insurance on the

563
00:23:32,830 --> 00:23:36,150
property and any other sort of
asks that go with that.

564
00:23:36,150 --> 00:23:38,870
And so ideally we have that
timeframe and we work with the

565
00:23:38,870 --> 00:23:40,850
client to then provide the
information.

566
00:23:40,850 --> 00:23:23,030
They decide then whether they want
to move forward or not.

567
00:23:23,030 --> 00:23:30,750
If they do move forward and they
remove conditions or in the

568
00:23:30,750 --> 00:23:33,350
alternative where they didn't have
any conditions to deal with, and

569
00:23:33,350 --> 00:23:34,470
it was an unconditional offer.

570
00:23:34,470 --> 00:23:36,490
Really at that point, then we

571
00:23:36,490 --> 00:23:38,870
shift from the due diligence
aspect to facilitating the close.

572
00:23:38,870 --> 00:23:43,440
And so what has to be done to get
a closing in place?

573
00:23:43,440 --> 00:23:45,740
Is there a lender we're working
with and which we need

574
00:23:45,740 --> 00:23:47,560
instructions and we're looking at
conditions for financing and

575
00:23:47,560 --> 00:23:47,740
whatnot.

576
00:23:47,740 --> 00:23:49,860
And then working with the client,

577
00:23:49,860 --> 00:23:51,560
getting that personal information,
preparing the purchase documents,

578
00:23:51,560 --> 00:23:54,560
finalizing a figure so they know
what they have to do leading up to

579
00:23:54,560 --> 00:23:54,940
closing.

580
00:23:54,940 --> 00:23:55,140
Yeah.

581
00:23:55,140 --> 00:23:59,440
And I mean, during that process,
you know, when we get a commitment

582
00:23:59,440 --> 00:24:02,580
letter, we usually forward it to
our legal teams that we're working

583
00:24:02,580 --> 00:24:02,980
with and say.

584
00:24:02,980 --> 00:24:04,260
you know, Hey, expect instructions

585
00:24:04,200 --> 00:24:07,820
shortly, but to go back to the
purchase contract, any pro tips on

586
00:24:07,820 --> 00:24:10,720
putting in little clauses, whether
that's like a hold back, like

587
00:24:10,720 --> 00:24:13,320
where do hold backs come in place?
Like at what kind of monetary

588
00:24:12,860 --> 00:24:13,100
value?
Yeah.

589
00:24:13,100 --> 00:24:14,660
Just kind of walk us through some
of that.

590
00:24:14,660 --> 00:24:15,640
No, it's a great question.

591
00:24:15,640 --> 00:24:17,400
And, you know, looking at you

592
00:24:17,400 --> 00:24:20,930
there, Matt, in terms of your
world, a little bit per se, but

593
00:24:20,930 --> 00:24:23,870
the standard form contract, I
think does a good job of really

594
00:24:23,870 --> 00:24:26,630
getting the general essence of
what a purchase transaction should

595
00:24:26,630 --> 00:24:27,210
look like.

596
00:24:27,210 --> 00:24:28,430
Of course, it's always those

597
00:24:28,570 --> 00:24:30,130
additional items there that we
have to put some thought to in

598
00:24:30,130 --> 00:24:32,330
terms of what that looks like.

599
00:24:32,330 --> 00:24:34,450
And so I think the one you raised,

600
00:24:34,450 --> 00:24:35,530
Taylor, was a hold back.

601
00:24:35,530 --> 00:24:36,810
And, you know, typically you see a

602
00:24:36,810 --> 00:24:40,090
hold back if there's some sort of
action step, usually on a seller

603
00:24:40,090 --> 00:24:41,610
for something to be done to the
property.

604
00:24:41,610 --> 00:24:45,090
And really the incentive is of
that if said thing is not done by

605
00:24:45,090 --> 00:24:48,190
closing or by a period of time
after closing, money is held back

606
00:24:48,190 --> 00:24:51,010
as sort of a mechanism to ensure
that that thing is done.

607
00:24:51,010 --> 00:24:53,350
And so that's where you see
holdbacks is, you know, does

608
00:24:53,350 --> 00:24:55,770
something have to be replaced?
Does something have to be

609
00:24:55,770 --> 00:24:56,950
repaired?
Is there an outstanding permit or

610
00:24:56,950 --> 00:25:00,090
something that is really needed
for the buyer to really fit their

611
00:25:00,090 --> 00:25:03,490
intentions of what this property
is and really what the transaction

612
00:25:03,490 --> 00:25:04,430
is?
Unfortunately, holdbacks, you

613
00:25:04,430 --> 00:25:05,730
know, the essence makes sense.

614
00:25:05,730 --> 00:25:06,570
We're holding back money until

615
00:25:06,570 --> 00:25:08,050
something's done, but they get
incredibly technical because

616
00:25:08,050 --> 00:25:10,720
unfortunately what happens is deal
closes holdbacks in place.

617
00:25:10,720 --> 00:25:14,660
and then what happens if seller
doesn't do what they say they're

618
00:25:14,660 --> 00:25:17,100
going to do or seller says what
they're going to do and buyer

619
00:25:17,320 --> 00:25:19,540
doesn't think it was done properly
and you really have nothing to

620
00:25:19,540 --> 00:25:23,400
point to in the contract or the
holdback language and so there

621
00:25:23,400 --> 00:25:25,480
unfortunately are a lot of
disputes or ongoing issues with

622
00:25:25,760 --> 00:25:29,080
holdbacks if they're not drafted
properly or really just have fully

623
00:25:29,080 --> 00:25:31,500
encompassing consideration for how
that process is to be played out

624
00:25:31,800 --> 00:25:34,580
so definitely i tie that back to
legal like if we have a due

625
00:25:34,580 --> 00:25:36,780
diligence period And that's
something the lawyer is looking at

626
00:25:36,780 --> 00:25:37,680
as part of the contract.

627
00:25:37,680 --> 00:25:37,880
Absolutely.

628
00:25:38,400 --> 00:25:42,240
If there's holdback language, part
of our role is to think that

629
00:25:42,240 --> 00:25:46,700
through and sometimes wear our
worst case scenario hat, make sure

630
00:25:46,700 --> 00:25:49,320
that that holdback language would
address that properly.

631
00:25:49,560 --> 00:25:51,520
You said something there that, I
mean, it's kind of the

632
00:25:51,520 --> 00:25:54,220
expectation, like the seller
thought they did something to the

633
00:25:54,220 --> 00:25:55,980
right standard and the buyer
thinks they didn't.

634
00:25:56,080 --> 00:25:58,620
Like unit has to be professionally
cleaned or carpets have to be

635
00:25:58,760 --> 00:25:59,760
cleaned before, you know,
possessions taken over.

636
00:25:59,880 --> 00:26:02,340
Like, what is the recourse there?
Because really it comes down to

637
00:26:02,340 --> 00:26:05,340
the buyer comes in and says, I
don't think this was clean.

638
00:26:05,340 --> 00:26:06,180
Show me a receipt.

639
00:26:06,180 --> 00:26:08,620
And then they show him a receipt.

640
00:26:08,620 --> 00:26:11,500
And then like, they're in this,
I'm going to take you to small

641
00:26:11,500 --> 00:26:12,340
claims for 400 bucks kind of
thing.

642
00:26:12,340 --> 00:26:14,520
Like, obviously you guys are
probably not going to get involved

643
00:26:14,600 --> 00:26:15,020
at that level.

644
00:26:15,020 --> 00:26:16,480
That's kind of like where the

645
00:26:16,480 --> 00:26:19,380
buyer and the seller agent, you
know, put their heads together and

646
00:26:19,380 --> 00:26:20,760
see what they can resolve.

647
00:26:20,760 --> 00:26:21,740
are clauses like you know a unit

648
00:26:21,740 --> 00:26:24,780
being professionally cleaned like
is that reasonable to put in like

649
00:26:24,780 --> 00:26:27,620
i would say definitely reasonable
and any of these clauses that do

650
00:26:27,620 --> 00:26:32,080
get in the contract i mean that is
evidence to a court if it ever

651
00:26:32,080 --> 00:26:35,830
goes there what was the intention
of the parties as it relates to

652
00:26:35,830 --> 00:26:37,890
the transaction specifically an
item in the contract whether it be

653
00:26:37,890 --> 00:26:41,650
the cleanliness of the home or
otherwise but it's something that

654
00:26:41,650 --> 00:26:45,350
you know on the buyer's side you
do have to would say definitely

655
00:26:45,350 --> 00:26:47,590
reasonable and any of these
clauses that do get in the

656
00:26:47,590 --> 00:26:52,090
contract i mean that is evidence
to a court if it ever goes there

657
00:26:52,090 --> 00:26:56,210
what was the intention of the
parties as it relates to the

658
00:26:56,210 --> 00:27:00,680
transaction specifically an item
in the contract whether it be the

659
00:27:00,680 --> 00:27:02,960
cleanliness of the home or
otherwise but it's something that

660
00:27:02,960 --> 00:27:05,080
you know on the buyer's side you
do have to advise your clients to

661
00:27:05,080 --> 00:27:08,260
a certain extent as you get to
closing and obviously there's

662
00:27:08,260 --> 00:27:10,580
terms in the contract and rights
and obligations of both sides and

663
00:27:10,580 --> 00:27:14,820
there is a discussion of clients
that this is what you're legally

664
00:27:14,820 --> 00:27:18,360
entitled to contractually this is
what is supposed to happen but

665
00:27:18,360 --> 00:27:23,600
what happens if it's not and so
first off for the vast majority i

666
00:27:23,600 --> 00:27:26,720
would say 99 of these terms they
are not material In the sense that

667
00:27:26,720 --> 00:27:29,900
you cannot back out of a deal if
the home is not professionally

668
00:27:29,900 --> 00:27:31,360
clean when they say it's going to.

669
00:27:31,760 --> 00:27:34,240
Or there is some damage found to

670
00:27:34,240 --> 00:27:34,680
the property.

671
00:27:34,680 --> 00:27:36,420
I mean, material, it's got to go

672
00:27:36,420 --> 00:27:38,080
to the essence of the contract.

673
00:27:38,200 --> 00:27:39,840
Are you still getting the home you

674
00:27:39,840 --> 00:27:42,780
said you were going to get?
Or the contract contemplated you

675
00:27:42,860 --> 00:27:44,620
getting?
And so that is something that, you

676
00:27:44,620 --> 00:27:47,640
know, client has to understand is
that if you do find out about an

677
00:27:47,640 --> 00:27:50,980
issue, whether before closing or
on the day of closing, it's not

678
00:27:50,980 --> 00:27:51,140
material.

679
00:27:51,140 --> 00:27:52,760
It doesn't give you an out.

680
00:27:52,940 --> 00:27:55,230
You can't not close on that basis.

681
00:27:55,230 --> 00:27:55,810
Yep.

682
00:27:55,810 --> 00:27:56,350
They are.

683
00:27:56,350 --> 00:27:57,730
I mean, you know, the walkthrough

684
00:27:57,730 --> 00:27:59,310
can always be a good thing.

685
00:27:59,310 --> 00:28:00,510
Like you said, you can be

686
00:28:00,510 --> 00:28:02,590
proactive in that regard to see
what are we getting them into here

687
00:28:02,590 --> 00:28:04,290
as we get to closing.

688
00:28:04,290 --> 00:28:04,970
And sometimes, you know, that can

689
00:28:04,970 --> 00:28:07,910
lead to discussion between counsel
as to, hey, it's not clean

690
00:28:07,910 --> 00:28:09,970
contracts as their client will be
in breach of a term.

691
00:28:09,970 --> 00:28:12,250
Can we negotiate a hold back at
that point?

692
00:28:12,250 --> 00:28:14,750
Is this something that the seller
is willing to engage in that

693
00:28:14,750 --> 00:28:17,090
regard?
But if not, if there's a refusal,

694
00:28:17,090 --> 00:28:19,710
there's a rejection in that, and
ultimately you're going to close

695
00:28:19,710 --> 00:28:20,670
on a deal.

696
00:28:20,670 --> 00:28:22,890
And then it's up to the client, a

697
00:28:22,890 --> 00:28:24,430
buyer at that point, if they want
to pursue a remedy.

698
00:28:24,430 --> 00:28:27,370
I tell clients like, ultimately
you're going to have to decide how

699
00:28:27,370 --> 00:28:30,050
much time, money, and emotion you
want to put into this.

700
00:28:30,050 --> 00:28:32,490
I mean, so now some clients.

701
00:28:32,490 --> 00:28:34,870
will pursue a $300 cleaning bill.

702
00:28:34,870 --> 00:28:36,770
It's on principle and something
they're comfortable pursuing

703
00:28:36,770 --> 00:28:38,670
through small claims and they're
fully entitled to do that.

704
00:28:38,670 --> 00:28:39,910
Other times, it depends on the
price tag.

705
00:28:39,910 --> 00:28:23,710
If there's water damage that's
discovered once we're in there and

706
00:28:23,710 --> 00:28:25,470
it was clearly contemplated or it
was a misrepresentation that could

707
00:28:25,470 --> 00:28:28,010
cost tens of thousands of dollars,
then obviously there's potentially

708
00:28:28,010 --> 00:28:30,670
more of an appetite to pursue that
through legal means.

709
00:28:30,670 --> 00:28:35,290
And so every client's different,
but... I think part of our job as

710
00:28:35,290 --> 00:28:38,610
part of the closing process is
just to be very clear of how that

711
00:28:38,610 --> 00:28:38,670
works.

712
00:28:38,670 --> 00:28:39,750
Because I think to your point,

713
00:28:39,750 --> 00:28:42,340
Taylor and Matt, there's sometimes
this, unfortunately, as much as we

714
00:28:42,340 --> 00:28:45,400
wish we were the Harvey Specter,
the bulldog, we can't just

715
00:28:45,400 --> 00:28:50,000
magically make the place clean and
they're going to pay for it on

716
00:28:50,000 --> 00:28:51,660
closing, you know, for your
example there.

717
00:28:51,660 --> 00:28:51,860
Yeah.

718
00:28:51,860 --> 00:28:54,140
And you assume that, you know,

719
00:28:54,140 --> 00:28:56,640
parties are going to work in good
faith.

720
00:28:56,640 --> 00:29:00,280
There actually is a common law
doctor and courts have looked at

721
00:29:00,280 --> 00:29:03,880
this in terms of parties have to
negotiate and engage in a

722
00:29:03,880 --> 00:29:05,310
transaction in good faith.

723
00:29:05,310 --> 00:29:06,470
And sometimes that comes up too.

724
00:29:06,470 --> 00:29:09,070
And they're going to say, well,
I'm going to go after the other

725
00:29:09,070 --> 00:29:10,790
side because they weren't acting
in good faith.

726
00:29:10,790 --> 00:29:12,070
And that can be appreciated.

727
00:29:12,070 --> 00:29:13,730
But, you know, again, the

728
00:29:13,730 --> 00:29:17,130
practical element of that and push
for Mitchell, we're a full service

729
00:29:17,130 --> 00:29:18,750
firm and we have litigators who
can help.

730
00:29:18,750 --> 00:29:21,830
A bad faith argument, you know,
you're looking at 10 to 20 grand

731
00:29:21,830 --> 00:29:23,290
minimum just to start that claim,
right?

732
00:29:23,290 --> 00:29:26,190
Well, even if you win in small
claims, then how do you then

733
00:29:26,190 --> 00:29:27,630
collect?
It's just... an ongoing thing

734
00:29:27,630 --> 00:29:30,090
forever i think the point of the
contract from where i stand is two

735
00:29:30,090 --> 00:29:33,170
people communicating expectations
right and if one person doesn't

736
00:29:33,170 --> 00:29:49,350
kind of follow through with that
exactly how the other person

737
00:29:49,350 --> 00:29:51,870
doesn't want to you know you kind
of take it on the thin unless it's

738
00:29:51,870 --> 00:29:53,930
yeah a bigger line item obviously
i think you nailed it there taylor

739
00:29:53,930 --> 00:29:57,610
it is and i mean we're we almost
all sound a bit jaded here talking

740
00:29:57,610 --> 00:30:01,330
about the process but i think
circling back to really our role

741
00:30:01,330 --> 00:30:04,100
is just to ensure our client
understands that process that the

742
00:30:04,100 --> 00:30:07,400
pros and the cons think you nailed
it there taylor it is and i mean

743
00:30:07,400 --> 00:30:10,520
we're we almost all sound a bit
jaded here talking about the

744
00:30:10,520 --> 00:30:14,140
process but i think circling back
to really our role is just to

745
00:30:14,140 --> 00:30:16,220
ensure our client understands that
process that the pros and the cons

746
00:30:16,220 --> 00:30:19,440
And I mean, ultimately they can
decide how they want to go forward

747
00:30:19,440 --> 00:30:20,740
if that situation were to arise.

748
00:30:20,740 --> 00:30:21,880
And obviously with good advisors,

749
00:30:21,880 --> 00:30:24,700
with the realtors, if they can
identify an issue as part of the

750
00:30:24,700 --> 00:30:28,280
initial contract stage and going
back to that hold back language,

751
00:30:28,280 --> 00:30:31,200
that's something that's always
good if the lawyer can get

752
00:30:31,200 --> 00:30:32,300
involved in that too.

753
00:30:32,300 --> 00:30:35,180
And you can kind of work through

754
00:30:35,180 --> 00:30:37,700
those different iterations of what
could happen and making sure that

755
00:30:37,700 --> 00:30:39,380
the client is protected there.

756
00:30:39,380 --> 00:30:39,880
You nailed it, right?

757
00:30:39,880 --> 00:30:43,440
I mean, we're here to try to
facilitate what the parties have

758
00:30:43,440 --> 00:30:46,420
agreed to, but no, intentional or
otherwise, things happen.

759
00:30:46,420 --> 00:30:49,260
I mean, unfortunately, one that
is, I'd say, more on the extreme

760
00:30:49,400 --> 00:30:51,940
side is one of the seller's main
obligations when they convey a

761
00:30:51,940 --> 00:30:53,920
property pursuant to the standard
form contract is they will provide

762
00:30:53,920 --> 00:30:54,240
clear title.

763
00:30:54,240 --> 00:30:55,040
That means any financial

764
00:30:55,040 --> 00:30:56,740
encumbrance or otherwise will be
discharged.

765
00:30:56,740 --> 00:30:59,220
Now, as much as they are
contractually obligated to do

766
00:30:59,220 --> 00:31:00,500
that, there are some rare
circumstances where that actually

767
00:31:00,500 --> 00:31:02,940
does become an issue and they
financially can't.

768
00:31:02,940 --> 00:31:05,060
And now they are in breach of
their own contract, which they

769
00:31:05,060 --> 00:31:06,080
said they're going to do.

770
00:31:06,160 --> 00:31:19,020
And that's something you have to

771
00:31:19,020 --> 00:31:19,580
deal with.

772
00:31:19,580 --> 00:31:20,840
And so, you know, you don't see

773
00:31:20,840 --> 00:31:23,320
that typically when there's one
mortgage on title, but sometimes

774
00:31:23,320 --> 00:31:25,920
you pull a title and there's liens
and judgments and multiple

775
00:31:25,920 --> 00:31:28,280
mortgages and you sort of get a
sense.

776
00:31:28,280 --> 00:31:30,860
And again, the conversation there
to a client is contractually

777
00:31:30,860 --> 00:31:32,180
seller has to do that, but there
is a possibility that this could

778
00:31:32,180 --> 00:31:32,780
be an issue.

779
00:31:32,780 --> 00:31:32,920
Yeah.

780
00:31:32,920 --> 00:31:34,720
Well, and that's an interesting
point, especially in the last

781
00:31:34,720 --> 00:31:36,660
couple of years, if you know, you
bought and.

782
00:31:36,720 --> 00:31:40,200
2022 and you wanted to sell a year
later could be short on that for

783
00:31:40,200 --> 00:31:42,880
sure absolutely right i'm not
talking the foreclosure aspect

784
00:31:42,880 --> 00:31:45,900
where there actually is a lender
that's closed but i would say the

785
00:31:45,900 --> 00:32:04,040
seller's very close to that and
now they've come to the really the

786
00:32:04,040 --> 00:32:08,180
closing and financially what each
charge holder is saying may need

787
00:32:08,180 --> 00:32:11,680
to clear title you're counting the
numbers i'm going we're not going

788
00:32:11,680 --> 00:32:16,260
to get there and so that's a tough
one yeah yeah right i'm not

789
00:32:16,260 --> 00:32:19,040
talking the foreclosure aspect
where there actually is a lender

790
00:32:19,040 --> 00:32:21,460
that's closed but i would say the
seller's very close to that and

791
00:32:21,460 --> 00:32:23,240
now they've come to the really the
closing and financially what each

792
00:32:23,240 --> 00:32:26,140
charge holder is saying may need
to clear title you're counting the

793
00:32:26,140 --> 00:32:28,900
numbers i'm going we're not going
to get there and so that's a tough

794
00:32:28,900 --> 00:32:32,780
one Well, in that regard, Ben, do
you do a legal review for a

795
00:32:32,780 --> 00:32:34,980
seller?
And is that part of that as well

796
00:32:34,980 --> 00:32:25,480
to say like, hey, we're going to
pull title and can you provide

797
00:32:25,480 --> 00:32:27,880
like a current mortgage statement?
Like you're getting ahead of that

798
00:32:27,880 --> 00:32:29,520
before like subjects are removed
from the buyer.

799
00:32:29,520 --> 00:32:31,580
There certainly has been
circumstances where we're

800
00:32:31,580 --> 00:32:34,080
providing a due diligence review
or review of a contract to a

801
00:32:34,080 --> 00:32:34,680
seller.

802
00:32:34,680 --> 00:32:36,560
Often realtor has put in a. a

803
00:32:36,560 --> 00:32:38,920
seller's legal condition and
usually because there's some other

804
00:32:38,920 --> 00:32:42,460
strange thing going on or they
want to make sure it's kind of a

805
00:32:42,460 --> 00:32:43,040
fail safe.

806
00:32:43,040 --> 00:32:44,820
Often we're getting the sale

807
00:32:44,860 --> 00:32:47,040
contract after conditions have
been removed and really it is

808
00:32:47,040 --> 00:32:50,380
binding at that point where we're
saying, hey, you have to do this,

809
00:32:50,580 --> 00:32:52,160
right?
But I've said to my clients and.

810
00:32:52,160 --> 00:32:54,180
The realtors I work with that, you
know, even if the deal is

811
00:32:54,180 --> 00:32:57,360
conditional and we're on the
seller side, send it to us.

812
00:32:57,360 --> 00:32:58,880
Like, let's say make sure there's
no conflict.

813
00:32:58,880 --> 00:33:30,650
And just, is there anything that
we see based on a quick review

814
00:33:30,650 --> 00:33:34,350
just to make sure that there is no
surprises at closing, which I

815
00:33:34,530 --> 00:33:37,230
think is what we're trying to
avoid there.

816
00:33:37,230 --> 00:33:37,370
Yeah.

817
00:33:37,450 --> 00:33:38,850
I want to ask one more question

818
00:33:38,850 --> 00:33:41,510
and this is hopefully more to help
the conversation with real estate

819
00:33:41,510 --> 00:33:44,910
agents and mortgage brokers and
lawyers so we can all be on the

820
00:33:44,910 --> 00:33:45,930
same page.

821
00:33:45,930 --> 00:33:48,590
Do you want to talk a little bit

822
00:33:48,590 --> 00:33:51,030
about price reduction and credit
at closing?

823
00:33:51,030 --> 00:33:52,830
Because, you know, I get this.

824
00:33:53,030 --> 00:33:55,510
not often, but say like one out of

825
00:33:55,510 --> 00:33:55,930
20 deals.

826
00:33:55,930 --> 00:33:58,910
And I just had it, you know, a

827
00:33:58,910 --> 00:34:01,170
week ago where, you know, Scotia
Underwriter called me on day of

828
00:34:01,170 --> 00:34:03,030
funding and was like, hey, why is
the purchase price, you know, $5

829
00:34:03,150 --> 00:34:04,510
,000 less than what you originally
submitted?

830
00:34:04,510 --> 00:34:05,870
I'm like, no idea.

831
00:34:05,870 --> 00:34:08,370
So I have to reach out to the real

832
00:34:08,370 --> 00:34:11,290
estate agent and say, oh, you
know, found out on a home

833
00:34:11,290 --> 00:34:12,469
inspection that the furnace was
bad.

834
00:34:12,469 --> 00:34:14,250
So we did a price reduction.

835
00:34:14,250 --> 00:34:15,030
Well, now like everyone's

836
00:34:15,030 --> 00:34:16,949
scrambling last minute.

837
00:34:16,949 --> 00:34:18,770
You know, and it was okay on that

838
00:34:18,770 --> 00:34:20,750
deal because the down payment was,
I think like 30%.

839
00:34:20,750 --> 00:34:22,770
So we're not on that border of
like insured or uninsured.

840
00:34:22,770 --> 00:34:24,130
But how does that look in your
terms?

841
00:34:24,630 --> 00:34:27,730
Like how much of a pain in the ass
is that for you?

842
00:34:27,730 --> 00:34:28,290
No, absolutely.

843
00:34:28,290 --> 00:34:30,250
And it really is something that

844
00:34:30,250 --> 00:34:33,290
almost touches all parties here
from a real estate agent to broker

845
00:34:33,290 --> 00:34:34,530
to lawyer there per se.

846
00:34:34,530 --> 00:34:37,170
I mean, on our end of the back end

847
00:34:37,170 --> 00:34:40,650
is obviously we have a contract
that we look at and big part of

848
00:34:40,650 --> 00:34:41,510
that is purchase price.

849
00:34:41,510 --> 00:34:43,850
You know, what do we have to

850
00:34:43,850 --> 00:34:45,909
factor in terms of crunching the
final numbers if something

851
00:34:45,909 --> 00:34:47,250
happens?
your example you know price

852
00:34:47,250 --> 00:34:32,190
reduction is where parties have
agreed that the purchase price has

853
00:34:32,190 --> 00:34:35,530
gone down or up is a reduction
it's gone down and you know that

854
00:34:35,530 --> 00:34:37,570
matters for a couple reasons
number one from a purchaser

855
00:34:37,570 --> 00:34:40,449
perspective you pay property
transfer tax on fair market value

856
00:34:40,449 --> 00:34:43,710
and so your purchase price is a
million dollars you are paying

857
00:34:43,710 --> 00:34:46,230
property transfer tax on a million
dollars you do not factor in the

858
00:34:46,230 --> 00:35:11,830
adjustments so to speak so
utilities and taxes and things

859
00:35:11,830 --> 00:35:17,190
like that you factor in for the
sake of closing but from a fair

860
00:35:17,190 --> 00:35:19,470
market value of what that property
has conveyed for the purchase

861
00:35:19,470 --> 00:35:22,270
price remains and so if you reduce
the purchase price you are

862
00:35:22,270 --> 00:35:25,310
reducing how much you pay from a
property transfer tax perspective

863
00:35:25,310 --> 00:35:29,770
which is beneficial for a buyer
however that can have negative

864
00:35:29,770 --> 00:35:31,790
impacts on what you've been
approved for from a mortgage

865
00:35:31,790 --> 00:35:35,390
because part of the lender's
aspect is depending on the lender

866
00:35:35,790 --> 00:35:38,390
they're going to have certain asks
or requirements and It does

867
00:35:38,390 --> 00:35:40,450
happen, Taylor, to your point that
certain lenders will say, you

868
00:35:40,450 --> 00:35:43,790
know, if there is a price
reduction or a change in price, we

869
00:35:43,790 --> 00:35:46,690
must know because that might
impact the loan to value ratio or

870
00:35:46,690 --> 00:35:47,770
what they're looking at on their
end.

871
00:35:48,770 --> 00:35:51,490
And part of, you know, residential
conveyance as lawyer, we act for

872
00:35:51,490 --> 00:35:54,440
buyer, but we also act for the
lender in terms of registering

873
00:35:54,440 --> 00:35:55,080
that mortgage on title.

874
00:35:55,080 --> 00:35:56,560
And so we are obligated if we're

875
00:35:56,680 --> 00:35:58,940
aware of a price reduction vis -a
-vis amendment to the contract, we

876
00:35:59,120 --> 00:36:01,380
have to share that with the lender
and that can potentially cause

877
00:36:01,380 --> 00:36:02,400
issues from a funding perspective.

878
00:36:02,400 --> 00:36:03,020
Well, fair market value.

879
00:36:03,020 --> 00:36:05,420
And so, I mean, appraisals you get
for the sake of your mortgage or

880
00:36:05,420 --> 00:36:07,660
approval might be different in
terms of what the fair market

881
00:36:07,660 --> 00:36:08,000
value is.

882
00:36:08,000 --> 00:36:10,060
I mean, ultimately, fair market

883
00:36:10,060 --> 00:36:13,580
value in the open market is what
if two parties agreed to for this

884
00:36:13,580 --> 00:36:13,800
transaction.

885
00:36:13,800 --> 00:36:14,780
That's what's documented in the

886
00:36:15,000 --> 00:36:15,360
contract.

887
00:36:15,360 --> 00:36:16,300
And so you can have that in an

888
00:36:16,300 --> 00:36:19,860
appraisal before or after,
whatever that is that's different.

889
00:36:19,860 --> 00:36:22,780
But ultimately, if the parties
then agree upon a reduction, they

890
00:36:22,780 --> 00:36:25,280
amend it, then that's obviously
the new fair market value for the

891
00:36:25,380 --> 00:36:28,860
sake of what that property is
being conveyed for in that

892
00:36:28,860 --> 00:36:29,320
transaction.

893
00:36:29,320 --> 00:36:30,560
To your other point there, Taylor,

894
00:36:30,960 --> 00:36:35,940
and so what you often see, and
this kind of ties back into the

895
00:36:35,940 --> 00:36:38,940
holdback issue we talked about
too, is, you know, for various

896
00:36:38,940 --> 00:36:39,480
reasons, something has to be
repaired.

897
00:36:39,480 --> 00:36:42,120
Something has to be replaced and
the parties agree, you know, it's

898
00:36:42,120 --> 00:36:43,180
just going to be easier.

899
00:36:43,180 --> 00:36:44,780
The buyer says, let me do it.

900
00:36:44,780 --> 00:36:47,460
We agree it's going to cost $5
,000.

901
00:36:47,460 --> 00:36:49,390
Give me $5 ,000 and I'll do it.

902
00:36:49,390 --> 00:36:50,670
And so parties will do that.

903
00:36:50,670 --> 00:36:52,710
And if it's worded, it has a
credit.

904
00:36:52,710 --> 00:36:56,470
The buyer will be credited $5 ,000
as part of closing for the sake of

905
00:36:56,470 --> 00:36:57,010
this specific thing.

906
00:36:57,010 --> 00:36:58,550
They're still paying the purchase

907
00:36:58,550 --> 00:36:58,630
price.

908
00:36:58,630 --> 00:36:59,450
The fair market value, what the

909
00:36:59,450 --> 00:37:01,670
property has been conveyed for is
still original purchase price, but

910
00:37:01,670 --> 00:37:04,470
it's treated arguably as an
adjustment as opposed to a

911
00:37:04,470 --> 00:37:05,810
reduction in the purchase price.

912
00:37:05,810 --> 00:37:06,810
Yeah, I've had difficulties with

913
00:37:06,950 --> 00:37:08,530
that in the past, lender to
lender.

914
00:37:08,530 --> 00:37:09,730
And you know, one of them.

915
00:37:09,730 --> 00:37:11,390
again, came up at time of funding,

916
00:37:11,390 --> 00:37:13,210
but fortunately, you know, we have
great lawyers in the Okanagan, so

917
00:37:13,210 --> 00:37:14,950
we're able to get on top of it.

918
00:37:14,950 --> 00:37:17,850
But one comment that comes from

919
00:37:17,850 --> 00:37:20,610
lenders is... I don't recall that
one, recall that one, Taylor.

920
00:37:20,610 --> 00:37:22,730
I'm thinking of that deal.

921
00:37:22,730 --> 00:37:23,890
Yeah, that was at your wife's

922
00:37:23,890 --> 00:37:24,170
firm.

923
00:37:24,170 --> 00:37:25,850
Fortunately, they were pretty good

924
00:37:25,850 --> 00:37:25,890
too.

925
00:37:25,890 --> 00:37:27,530
You know, they look at it as

926
00:37:27,530 --> 00:37:29,170
incentivizing... the sale of a
property.

927
00:37:29,170 --> 00:37:34,770
So lenders obviously don't want to
see that, even though it's a very

928
00:37:34,770 --> 00:37:35,470
small amount.

929
00:37:35,470 --> 00:37:37,250
And then the other one that we

930
00:37:37,250 --> 00:37:39,890
struggle with, it goes back to
that insured mortgage.

931
00:37:39,890 --> 00:37:43,990
You know, like if you're getting a
cash back, essentially the lender,

932
00:37:43,990 --> 00:37:46,330
you know, let's say it's on that
20 % down payment, but you're

933
00:37:46,330 --> 00:37:48,230
getting the cash back.

934
00:37:48,230 --> 00:37:49,470
Well, you know, you're less than

935
00:37:49,470 --> 00:37:53,430
20 % down because effectively the
lender is financing a larger

936
00:37:53,430 --> 00:37:56,110
portion and you're walking away
with, with less down payment.

937
00:37:56,110 --> 00:37:59,470
So I've had personally a harder
time with the credits or cash

938
00:37:59,470 --> 00:37:59,690
back.

939
00:37:59,690 --> 00:38:02,470
So I, I always encourage the price

940
00:38:02,470 --> 00:38:02,670
reduction.

941
00:38:02,670 --> 00:38:04,170
it's harder for the client

942
00:38:04,170 --> 00:38:07,930
obviously because they're thinking
great i want to cash back of five

943
00:38:07,930 --> 00:38:10,470
grand instead of a five thousand
dollar price reduction you know

944
00:38:10,470 --> 00:38:13,840
they're two very different things
because one you have the money in

945
00:38:13,840 --> 00:38:16,200
your hand and the other it just
reduces your mortgage amount so

946
00:38:16,200 --> 00:38:18,880
when you're looking at replacing
like a furnace you know it'd be

947
00:38:18,880 --> 00:38:22,100
nicer if it was done prior to
closing so we don't have to deal

948
00:38:22,100 --> 00:38:26,440
with any of that and then the
other little caveat to all that is

949
00:38:26,440 --> 00:38:29,360
if there's a price reduction the
lender wants to know why there's a

950
00:38:29,360 --> 00:38:34,120
price reduction if it's because of
mold Oh my God, we're in a heap of

951
00:38:34,120 --> 00:38:34,280
trouble.

952
00:38:34,280 --> 00:38:35,660
Like now we need a remediation

953
00:38:35,660 --> 00:38:38,380
report and we got to make sure the
lender is okay with it.

954
00:38:38,380 --> 00:38:41,180
So like, it's just a conversation
that needs to be brought to

955
00:38:41,180 --> 00:38:51,900
everyone's attention sooner than
later.

956
00:38:51,900 --> 00:38:54,140
And, you know, loop everyone in so
we can not have those issues.

957
00:38:54,140 --> 00:38:57,460
I think for all parties, and I
mean, Taylor, you kind of stole my

958
00:38:57,460 --> 00:38:58,820
thunder there, but you nailed it.

959
00:38:58,900 --> 00:39:00,360
I mean, I think there's a big

960
00:39:00,360 --> 00:39:03,080
piece of this is the communication
is that if there is something

961
00:39:03,080 --> 00:39:05,540
coming down the line or reduction
or an adjustment, whatever you

962
00:39:05,540 --> 00:39:08,360
want to call it, I think all
parties, advisors really got to be

963
00:39:08,540 --> 00:39:11,020
on the same page for the exact
reasons you brought up.

964
00:39:11,120 --> 00:39:15,120
And, you know, on my end too, as a
lawyer, and again, I bring up that

965
00:39:15,120 --> 00:39:15,560
dual role.

966
00:39:15,560 --> 00:39:17,240
We are acting for lender, not to

967
00:39:17,240 --> 00:39:20,480
say we're trying to pull a fast
one at all with the lender, but

968
00:39:20,560 --> 00:39:22,940
like really what we as a lawyer
are always looking at when we get

969
00:39:22,940 --> 00:39:24,000
our loan packages.

970
00:39:24,000 --> 00:39:24,880
What are the instructions?

971
00:39:25,040 --> 00:39:27,860
What is the lender telling us?
And often, to your point, they are

972
00:39:27,860 --> 00:39:29,920
going to be very clear to say, we
must be notified if there is a

973
00:39:29,920 --> 00:39:31,820
price reduction, or we must be
notified if there's amendment or

974
00:39:31,820 --> 00:39:32,440
terms.

975
00:39:32,960 --> 00:39:34,800
And so we're obligated at that

976
00:39:34,800 --> 00:39:35,780
point to notify them.

977
00:39:35,780 --> 00:39:38,020
And so to your point there, it can

978
00:39:38,080 --> 00:39:41,600
come as a surprise upon closing,
we realize that there's been an

979
00:39:41,600 --> 00:39:42,840
amendment or something's happened.

980
00:39:42,840 --> 00:39:44,480
And whether it's the lawyer not

981
00:39:44,480 --> 00:39:47,900
talking to broker or real estate,
you know, whatever way it goes,

982
00:39:47,920 --> 00:39:48,800
it's important that we're all.

983
00:39:48,800 --> 00:39:50,780
talking throughout the process.

984
00:39:50,780 --> 00:39:54,140
I think that's probably the best
point to leave this whole

985
00:39:54,140 --> 00:40:01,340
conversation on is, I think that's
probably the best point to leave

986
00:40:01,340 --> 00:40:04,760
this whole conversation on is, you
know, have the team around you,

987
00:40:04,760 --> 00:40:05,520
make sure everyone's in constant
communication.

988
00:40:06,090 --> 00:40:09,170
And even with, you know, like when
I send you guys a commitment

989
00:40:09,170 --> 00:40:10,910
letter, I know that's like bare
bones, right?

990
00:40:10,910 --> 00:40:12,330
Like I don't see the instructions
that are sent.

991
00:40:12,610 --> 00:40:15,310
So it, you know, it's obviously
pages and pages longer.

992
00:40:15,310 --> 00:40:15,730
So yeah, for the client.

993
00:40:15,730 --> 00:40:16,830
you know, have a good team,

994
00:40:16,830 --> 00:40:19,410
surround yourself with those
people, and then just be

995
00:40:19,410 --> 00:40:22,370
transparent and, you know, let the
professionals kind of take it from

996
00:40:22,370 --> 00:40:22,450
there.

997
00:40:22,450 --> 00:40:25,330
Yeah, we're kind of running out of

998
00:40:25,330 --> 00:40:26,770
time here, Pat.

999
00:40:26,770 --> 00:40:28,230
Absolutely loved having you on,

1000
00:40:28,230 --> 00:40:28,490
man.

1001
00:40:28,710 --> 00:40:29,230
Thank you so much.

1002
00:40:29,230 --> 00:40:31,370
Yeah, I'm interested into hearing
more about the Chamber of Commerce

1003
00:40:31,370 --> 00:40:32,510
as well and your guys' event
coming up.

1004
00:40:32,510 --> 00:40:32,890
Absolutely.

1005
00:40:32,890 --> 00:40:34,310
I noticed in closing, neither of

1006
00:40:34,310 --> 00:40:37,730
you two are nominees, so we'll
have to work on that for next

1007
00:40:37,730 --> 00:40:37,850
year.

1008
00:40:37,850 --> 00:40:38,010
Yeah.

1009
00:40:38,010 --> 00:40:39,570
Yeah, maybe I'll nominate Matt.

1010
00:40:39,570 --> 00:40:39,730
Fantastic.

1011
00:40:39,730 --> 00:40:40,650
All across the board.

1012
00:40:40,750 --> 00:40:41,130
Absolutely.

1013
00:40:41,450 --> 00:40:42,950
Well, thanks so much for coming on
again, buddy.

1014
00:40:42,950 --> 00:40:45,390
And yeah, we'll chat to you soon.

1015
00:40:45,390 --> 00:40:46,210
Take care.

1016
00:40:46,210 --> 00:40:46,810
Thanks.