The Canadian Real Estate Association is proposing a $75 special assessment for members to bolster its legal defence fund amid a flurry of legal issues.
In an email sent to member boards and associations, CREA says its legal costs ballooned from $626,000 in 2023 to more than $4-million in 2024—an increase of nearly 540 per cent.
Since its inception in 2006, the legal fund has maintained a $2-million balance, but the association now wants to raise that amount to approximately $10-million to cover ongoing and future legal battles.
“The legal landscape has become more litigious, not just in Canada but across North America,” CREA Chair James Mabey tells Real Estate Magazine.
Why CREA says the special assessment is necessary
Mabey cites three main reasons for the special assessment request: a rise in litigation, changes in insurance coverage and increasing legal costs. “We’ve been dealing with the Sunderland litigation for a while, and now we have the McFall litigation in addition to the Competition Bureau investigation,” he says.
He explains that competition-related legal matters are no longer insurable, “That means the defence costs fall entirely on the industry.”
Mabey adds that legal fees have risen significantly. “This is a highly specialized area of law, and we need the best counsel to defend CREA and its members. That expertise comes at a high cost.”
Industry support and pushback
Chris Guerette, CEO of the Saskatchewan Realtors Association, says in a statement that while SRA hasn’t always seen eye to eye with CREA, this is a moment to stand together. “In times of uncertainty, it’s important to lean on each other. The class-action lawsuit is one of those situations,” she says.
While some industry leaders support the move, others are questioning the association’s financial management. Brad Mitchell, CEO of the Alberta Real Estate Association (AREA) argues CREA should have planned for the rise in legal expenses.
“Revenue is increasing, not decreasing, so there should be ample funds to cover legal costs,” Mitchell says. “Defending members is one of the core responsibilities of both provincial and national associations, and membership dues should already account for this.”
Mitchell explains his association is currently defending Alberta boards named in the commission lawsuits. “Real estate is a provincial jurisdiction, with different laws, contracts and regulations in each province. Legal defences are handled at a provincial level, so a national levy isn’t necessarily the best solution,” he adds. “These lawsuits have been an issue in the U.S. for years, so this situation shouldn’t be a surprise.”
CREA maintains that its legal defence fund was sufficient until recently, arguing rising legal costs now require additional funding.
“(The legal defence fund) is currently funded through dues, and we have worked hard to balance CREA’s budget. However, the increase in legal costs is too significant to be covered within the existing budget,” says Mabey. The assessment represents nearly 50 per cent of CREA’s annual budget, he says. “Cutting that amount would drastically impact our programs and services.”
The CREA chair warns that the legal challenges facing the industry are unlikely to subside. “We anticipate a more litigious environment moving forward. Even in the U.S., where there have been settlements, litigation has not slowed down. There are pending buyer-side lawsuits there as well.”
When asked whether CREA could request additional fees in the future, Mabey acknowledges the possibility but says the current request is intended to be a long-term solution. “There’s always a possibility, but we have asked for an amount we believe will sustain us for three to four years.”
Next steps
In addition to the special assessment, CREA is also proposing to increase its new member initiation fee from $200 to $500 to replenish its contingency reserve fund. CREA’s member boards and associations will vote on both motions at the annual general meeting in Ottawa on Apr. 8.
The Toronto Regional Real Estate Board, which holds a significant share of voting power, has not publicly commented on how it will vote. In a statement to REM, CEO John DiMichele says, “It would be premature for TRREB to discuss at this stage of deliberations.”
If the assessment fails to pass? “We would need to reassess and possibly look at increasing membership dues,” Mabey says. “We have budgeted responsibly for the upcoming year, but beyond that, we would have to reassess based on legal developments. These expenses are not linear; they depend on court proceedings and regulatory actions.”
Jordana is the editor of Real Estate Magazine. You can reach her by email.
Ridiculous…. absolutely uncalled for!!
Yet MORE reasons that this old boys club called CREA should be totally dismantled and disbanded. Stop the money waste!! There’s absolutely no way membership in this outdated and pointless organization should be mandatory.
CREA to means nothing !! I don’t understand why we are paying for nothing … Let each board scale down as well and have them take on the responsibility of CREA .
I don’t fell I get any value from CREA. The boards in each area can easily run a system like REALTOR.CA for its own area . In 37 years all I have received in a referral from CREA was con artists trying to get me for money !!!
Our boards need to step up to the plate and actually do their job ! There seams to be more people work and making more money than 80% of the Realtors. We have a person doing one job when they could easily be doing multiple jobs and saving us the Realtors that pay their wages money ! But they keep hiring more people for crap that 90% of the Realtors do not even care about … Just my thoughts!!!
As the article mentions, if you build it (a legal defense fund), they (a shrewd advocate) will plunder it.
Let’s buy Legal insurance for CREA and let a prof org scrutinize the need for the annual $2million (or $10 million) set-aside.
If CREA had monetized Realtor.ca years ago for the benefit of members as many of us had been advocating, then there would be no need for special assessments now or dues increases now. In fact, we would likely not even have to pay annual dues as the revenues from Realtor.ca could cover the entire operation of CREA. The failure of previous and current boards to do this is to the tremendous and ongoing detriment of members and is yet another indication that “organized” real estate is anything but.
Sounds familiar like all the associations screwing realtotors again.
Dont worry realtors wil pay it they are like sheep.
I wholeheartedly agree and fully support CREA’s new special assessment. We are indeed fortunate to live in Canada, to have an association like CREA, and to have an MLS system that is the envy of the free world.
This assessment is a small but crucial investment in our organization. I have proudly paid my dues locally, provincially, and nationally since January 1976.
Sincerely,
Miles
Why is a fee increase always the default approach to resolve problems of their own making! It’s time these entities look inward to resolve financial issues. An internal review of finances needs to take place. Let’s start with the salary structure of all employees, of which I’m sure there are too many, doing very little. We are realtors, not real estate associations personal ATM’S. Enough is enough, let’s make these bureaucrat types accountable for their own failures!
Exactly what I was thinking!
Why don’t they stop tripping over legal costs like the clearly anti-competitive stance on advertising exclusive listings for members? That a 40 million dollar bill right there.
Agree completely. It doesn’t take a rocket scientist to know that that stupid policy was playing right into the hands of the Competition Bureau. Now we’re supposed to pay for this “mistake”??
not in agreement
Save money by cutting out the national advertising that is aimed at the very small segment of potential FSBO’s. Over 90% of buyers and sellers use a Realtor in the residential resale market. Make work project to impress its members that CREA has relevance.
THE real estate industry needs to CLEAN UP and GET RID of those agents and Brokerages that are constantly in trouble….lack of education and lack of caring Brokers who just hire bodies for the monthly fees is what caused the decline in our “so called” professional agents. I’m 42 years in the business and I have watched a decline in the knowledge, disrespect for the rules and Laws, outright fraud, and the “I don’t care mind set…just show me the money attitude” that many people have about this business.
CLEAN UP the business and you won’t have as many people being sued because they do things correctly and to the letter of the law and rules.