News Bulletin - February 2, 2024

 

 

The following individuals' real estate licences are immediately suspended for failure to pay for their annual errors and omissions insurance premium, in accordance with Commission by-law 323(b)(i).

• Sue Hurshman, former salesperson with Avison Young (Maritimes) Inc. 
• Luke MacCormack, former salesperson with Coldwell Banker Boardwalk Realty
• Caleb Pardy, former salesperson with Royal LePage Anchor Realty
• Jeff Blair, former salesperson with Royal LePage Atlantic
• Rohit Sharma, former salesperson with Royal LePage Atlantic
• Michele Giffin, former salesperson with Sutton Group Professional Realty

This suspension is published in accordance with Commission by-law 839.

Released on February 1, 2024.

Respecting Privacy Laws When Contacting the Public

The Commission has received complaints from consumers receiving mail from licensees that identifies them by name and address for the purpose of soliciting business. 

Licensees can contact property owners, for example, by distributing Canada Post direct mailers for marketing purposes to all properties to a street or neighbourhood, without violating privacy laws. However, it would be a violation of privacy to target individuals by name and home address to solicit business without first obtaining explicit permission to contact them. Naming the owner means the licensee obtained it from somewhere, such as Property Online, and doing so for the purpose of contacting and soliciting property owners without their permission is a breech of their privacy. A licensee sending targeted communication to property owners without permission may find themselves under investigation and subject to disciplinary action by the Commission.

This applies to all communication, not just posted mail. Remember to use your access to information appropriately, and comply with the terms of service.

Flying Drones Legally and Safely

The Commission has received complaints from consumers related to the use of drones by licensees or operators hired by licensees. Licensees who are operating drones are required to know and comply with all applicable laws and regulations regarding drones. Licensees who fail to do so may find themselves under investigation and subject to disciplinary action by the Commission.

If you choose to hire a professional drone operator, you are responsible to confirm they have the required credentials and maintains the appropriate drone liability insurance.

The "airspace" above a property is not controlled or owned by the person who owns the property below, but it can be considered civil trespass to fly a drone below roof height on a property without the owner's permission. It is also a nuisance to fly a drone in a manner that interferes with the property owner's enjoyment of their property.

The rules for drones vary depending on size and type, but operators are always legally obligated to operate them in a safe and prudent manner. You can read the Government of Canada's page with resources on flying drones safely and legally HERE and the Commission's previous bulletin about drones HERE