The Feb. 21 comment letter requests clarification to ensure the real estate exception operates as intended for common real
estate ownership arrangements — focusing on the scope and application of the exception for an electing real property trade or business.
It turns out that there is no prohibition here on cross
ownership in this type of
arrangement, either with the Law Society or with the Real
Estate Council of Ontario (RECO).
Affiliated Business Arrangment means an
arrangement in which (A) a person who is in a position to refer business incident to or a part of a real
estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial
ownership interest of more than 1 percent in a provider of settlement services; and (B) either of such persons directly or indirectly refers such business to that provider or affirmatively influences the selection of that provider; and (8) the term «associate» means one who has one or more of the following relationships with a person in a position to refer settlement business: (A) a spouse, parent, or child of such person; (B) a corporation or business entity that controls, is controlled by, or is under common control with such person; (C) an employer, officer, director, partner, franchisor, or franchisee of such person; or (D) anyone who has an agreement,
arrangement, or understanding, with such person, the purpose or substantial effect of which is to enable the person in a position to refer settlement business to benefit financially from the referrals of such business.