Law Times

Law Times • June 13, 2011 Lawyers capitalizing on new competition But some say real estate industry still shuts them out BY JUDY VAN RHIJN For Law Times tional methods of selling real estate with their huge commis- sions and lack of flexibility. Although the real estate in- E dustry largely retains its grip on the web-based listing sites, lawyers are setting up their own web portals for vendors and purchasers who want to hold someone's hand through- out a real property transaction. They call them the future of real estate law. Michael Forcier, a real es- nterprising lawyers are capitalizing on dissat- isfaction with conven- FOCUS PAGE 11 SUCCESSFULLY OWN, MANAGE, ADMINISTER AND ENFORCE TRADE-MARKS RIGHTS IN CYBERSPACE THE LAW OF DOMAIN NAMES & TRADE-MARKS ON THE INTERNET SHELDON BURSHTEIN Turn to The Law of Domain Names & Trade-marks on the Internet to understand the challenging issues involving domain names and trade-marks, and to successfully own, manage, administer and enforce trade-marks rights of your company or client on the Internet. Noted e-commerce and trade-marks law expert Sheldon Burshtein makes sense of trade-mark law in the context of domain name disputes and the acquisition and infringement of trade-mark rights on the Internet. Furthermore, he offers sound, practical advice on the issues involved in enforcement of trade-mark rights, jurisdictional and procedural issues, and the remedies available. The first Canadian resource to apply the law of trade-marks to the Internet and electronic commerce, this unique, groundbreaking supplemented service also presents extensive discussion of international legislative developments, particularly for those topics where there is little or no Canadian jurisprudence. tate lawyer from Owen Sound, Ont., is the driving force be- hind propertyshop.ca, a web site through which people sell their own real estate with the lawyer providing the legal work and as- sistance. Apart from the informative and precedent-packed web site, the service provides a telephone information centre and mar- keting products. Forcier has been working on the concept for 12 years and launched the site six or seven years ago. "I don't think there's a lawyer who hasn't thought about selling properties them- selves when they write an enormous cheque to a Realtor or have a Realtor come in with problems that the lawyers have to fix." He feels the concept has reached its tipping point due to the 'The client is happy to pay 1.5 per cent instead of six per cent plus legals,' says Michael Forcier. relaxation of restrictions on the multiple listing sites and the in- creasing appetite among consumers for an alternative. "That's a huge opportunity to provide a new legal service and empower the consumer," he says. "We have an incredible competitive ad- vantage. The client is happy to pay 1.5 per cent instead of six per cent plus legals. We really should be excited about all the Internet offers, not fearing it. We should move to high-value work rather than just conveyancing and paperwork." At present, there are about 70 offices signed up to propertyshop. ca throughout Ontario. Forcier considers the arrangement a win- win situation for everyone involved. "Lawyers get five times more fees than for a normal sale, clients take home thousands more, and they are happy with the service, which is just as important." He estimates that lawyers spend two or three times as much time on a propertyshop.ca file but points out that they're compensated for that and have the chance to enjoy the work. There are other models of the same idea. The Scottish Solici- tors' Property Centres are the most entrenched. In Edinburgh, solicitors sell 92 per cent of homes on offer, while in Glasgow and the rural areas of Scotland they have about 50 per cent of the mar- ket. Besides their web sites, they operate display rooms. Lawyers also put listings in their windows. In Melbourne, Australia, lawyersconveyancing.com offers a com- prehensive one-stop shop for a fixed fee of $4,400. It refers to real estate agents as unnecessary middlemen. Lawyer Peter Mericka is quoted on the web site as saying that only lawyers can offer a one-stop concept because other industry players aren't qualified to handle all aspects of the sale process. "They need a lawyer any- way," Forcier says. "So why not come to us before the important documents are signed?" In Canada, there are a number of ventures of a similar kind. Duncan MacEachern of Lorway MacEachern in Sydney, N.S., operates a web-based option that he sees as a value-added service for owners who sell a property themselves. "Many thousands of people sell their properties themselves with no problem," he says. "We have something to offer them that will benefit the public." In British Columbia, lawyer Jeffrey Jones runs his own web site from Port McNeill on north Vancouver Island. The venture arose with encouragement from the Law Society of British Columbia, which had been looking into the idea of alternative legal services. "A lot of practitioners were very curious," Jones says. "The banks were suddenly trying to dictate that mortgage work should be done elsewhere. We became the poster child for the B.C. initia- tive. It was very exciting, but the response from the [real estate industry] monopoly was huge." In fact, the health of these projects seems linked to the willing- ness of real estate businesses to open up the multiple listing sites to solicitors. Many lawyers had hoped that the agreement between the federal Competition Bureau and the Canadian Real Estate See MLS, page 12 Untitled-4 1www.lawtimesnews.com 6/3/11 12:00:47 PM AVAILABLE RISK-FREE FOR 30 DAYS Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Online: www.carswell.com Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. ORDER # 9256785-61978 $265 2 volume looseleaf supplemented book Supplements invoiced separately 6 supplements per year 0-459-25678-5 Untitled-1 1 6/9/11 9:12:32 AM TRUST you're putting your reputation on the line. It's all about trust well placed. DESMOND DIXON | DAVID NEILL | ALAN FARRER Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. 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• Cover
• Summary Judgement
• Native Impasse
• Focus On Real Estate Law