feb. 4, 2013 issue 64

12
PRESENTED BY THE GOLFI TEAM February 4, 2013 - Vol 48 Rob Golfi Sales Representative HOME EVALUATION NO COST • NO OBLIGATION 905-575-7700 • 905-945-0188 Happy Valentine’s Day from the Golfi Team Happy Valentine’s Day from the Golfi Team

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The Golfi Team Market Watch Issue 64

TRANSCRIPT

Page 1: Feb. 4, 2013 Issue 64

P R E S E N T E D B Y T H E G O L F I T E A M

February 4, 2013 - Vol 48

Rob GolfiSales Representative

HOME EVALUATION NO COST • NO OBLIGATION

905-575-7700 • 905-945-0188

Happy Valentine’s Dayfrom the Golfi Team

Happy Valentine’s Dayfrom the Golfi Team

Page 2: Feb. 4, 2013 Issue 64

Page 2 The Golfi Team Real Estate Market Watch February 4, 2013

www.GolfiTeam.com

Since the inception ofhis career in 1997,Rob Golfi has

recognized that understandinghis clients’ needs is essential toproviding excellent service.

As business grew, Robassembled the Golfi Team in aneffort to maintain the samelevel of professionalism clientshave come to expect. Shortlythereafter in 2003, the teamreceived the prestigious honourof being among the top 100Real Estate Teams forRE/MAX Canada, and thisstatus continues to date.

Rob’s experience andaggressive negotiating skillshave earned him every majorhonour awarded by RE/MAX,including President’s Club,100% Club, Platinum Club,Chairman’s Club, Hall of Famein 2003, the Lifetime Achieve -ment Award in 2006, hisSRES® designation in 2009 andthe Diamond Club Award in2010. Having worked with

many of the industry’sprofessionals over the years, hehas the necessary edge to bestnegotiate the sale of your home.

Any agent can list yourhouse, but Rob’s knowledge,extensive marketingbackground and dedicationgives clients peace of mindwhen dealing with the singlemost important investment intheir lives. With years ofcombined experience, the GolfiTeam can provide your homewith a level of exposure thatmost agents cannot. Utilizing ateam approach also means thatthey will likely find a purchaserto buy your home sooner, ratherthan waiting for other agents toapproach you with potentialbuyers.

Ranked in the top 5 of nearly2,000 sales agents in theHamilton-Burlington and Niagaraareas, listing with Rob and theGolfi Team is the right choicewhen choosing someone torepresent your best interest. -Å

About Rob Golfi

The Solution

Fill in the grid above, so that each row of

9 squares, each column of nine and each

section of nine (three squares by three)

contains the numbers 1 through 9 in any

order. There is only one solution for the

puzzle and the numbers shown can

NOT be changed.

7 4 582 8 4 3

5 12 9 7 3

3 95 6 3 2

6 35 7 1 4

2 9 76

SUDOKUSUDOKU

794135 682

126859 473

583271 946

862914 735

437526 819

915648 327

671493 258

358762 19

249387 561

4

Call the Golfi Team for aFREE Market Evaluation

Your home could be worthmore than you think!

905-575-7700

Why No-Pet RentalClauses Lack TeethIt’s against the law for a landlord to have a‘no pet’ policy unless the unit’s in a condowith a building-wide pet ban.

Pets. Landlords don’t want themin their properties. Tenantscan’t live without them.

Unfortunately, the law in Ontario justmakes it worse for everyone.

Under the law, you can’t prevent atenant from bringing a pet into your prop-erty, unless it is a condominium and thebuilding declaration says no pets. Soeven if a landlord and tenant sign a leasethat says no pets, the tenant can bring 2dogs and 4 cats the next day and there isnothing the landlord can do about it.

Yet if the landlord has a no pet poli-cy in the entire building, they can proba-bly refuse to approve the tenant in thefirst place if they know the tenant has apet. You start to see the problem. If thetenant is honest up front and tells thelandlord they have a pet, their applicationcan be refused. If the tenant lies on theapplication and then brings in a pet after-wards, there is nothing the landlord cando. The result is often a poisoned rela-tionship, right from the start.

Some landlords ask tenants with petsfor a security deposit when they moveinto the unit in order to pay for any dam-ages the pet causes during the lease. Alsoillegal. In a landlord and tenant boardcase decided in Whitby on October 7,2009, the tenant wanted to bring a petonto the premises. The landlord demand-ed a $50 fee to bring the pet as well as anadditional $50 per month which wouldgo toward a carpet replacement fundwhen the tenant left. The adjudicator,Claudette Leslie, decided that both ofthese payment requests were illegal. Theonly amount a landlord can ask for inadvance is last month’s rent, and it canonly be used toward last month’s rent.

If your pet has caused damage to thehome, then the landlord can evict you ifyou do not repair the damages. If youleave the unit damaged at the end of yourtenancy, the landlord can go to smallclaims court and sue you for the damagescaused. In another Board decision, a ten-ant was ordered to pay $250 to have thecarpets steam-cleaned after their cat uri-nated on them. Scratches or bite markscaused by pets to the woodwork andfloors of a home can cost hundreds, if notthousands of dollars to repair.

In other cases, tenants have beenevicted because their pets barked all thetime and were a nuisance to the other ten-ants in the building.

When you have a pet, bring refer-ences from prior landlords that confirmthat you always looked after your pet andthat you also took good care of the prop-erty while you lived there. This will assistyou in convincing the current landlordthat you will do the same with their prop-erty. It goes without saying that petsshould always be properly groomed, toavoid any unnecessary damages as well.

Landlords, make sure that the tenantsigns some form of rental unit conditionstatement when they move in and takepictures of the unit, so that you will haveproof if any damages are caused by thetenant during the tenancy.

Landlords and tenants should nothave to lie to each other. Treat each otherwith respect, even on pet issues, and thetenancy relationship will be a positiveone for everyone involved.

Mark Weisleder is a Toronto realestate lawyer. Contact him [email protected]

Page 3: Feb. 4, 2013 Issue 64

February 4, 2013 The Golfi Team Real Estate Market Watch Page 3

Call Today 905-575-7700

Together Delivering More...

Sharon StaffordSales Representative

Rob GolfiSales Representative

Heather ReidSales Representative

Hans MarcellissenSales Representative

Wendy Murray-NicholsonSales Representative

Mike McNeilSales Representative

Kristina KingSales Representative

Margaret BerloSales Representative

Dan GolfiSales Representative

John HellicarSales Representative

Rosemarie FournierListing Co-ordinator

Melissa DavidsonOffice Manager

*#1 Brokerage in the Realtors Association of Hamilton Burlington MLS from 1994 to 2010 consecutively. **Year End Standings for 2010, based on residential commissions paid. Rankings are compiled from figures submitted by regional offices.

3 Over $65 Million in Sales Annually**

3 #1 Real Estate Office in Hamilton-Burlington*

3 Amongst the Top Sales Reps in Ontario**

3 Ranked Top 50 Teams in Canada for **

3 Ranked Top 100 Teams world wide**

Facts About the GOLFI TEAM…

Rob GolfiSales Representative

OVER $460 MILLION IN REAL ESTATE SALES

100%ClubAward Chairman’s

ClubAward Hall of FameAward LifetimeAchievementAward Diamond

ClubAward1998-2012 2003-2012 2003-2012 2006-2012 2010-2012

Page 4: Feb. 4, 2013 Issue 64

Government of Canada Continues to Help Renew Affordable Housing Stock

Family Day - February 18

OTTAWA, ON, January 29,2013 — The Government ofCanada has announced

changes to CMHC’s lending programsthat support existing social housing proj-ects.

“Today’s announcement will benefitlower-income households living in exist-ing social housing, including individuals,families, seniors, persons with disabili-ties, and Aboriginal people by helping torenew Canada’s affordable housing stock,said the Honourable Diane Finley,Minister of Human Resources and SkillsDevelopment and Minister Responsiblefor Canada Mortgage and HousingCorporation (CMHC). “It will also createjobs and economic growth — two of ourgovernment’s top priorities.”

Effective immediately, for eligibleexisting social housing projects thatrequire capital repairs and renovations,

the Government of Canada will be accept-ing the prepayment of closed CMHCmortgages with a yield maintenance pre-payment penalty consistent with privatelending institutions.

These changes will allow non-profitand co-operative housing sponsor groupsto refinance in order to undertake neededcapital repairs and renovations and extendthe life of their projects.

“The Co-operative HousingFederation of Canada (CHF Canada) con-gratulates Minister Finley and the HarperGovernment for achieving a fair and rea-sonable policy change. This new approachto ending CMHC mortgages will bewarmly welcomed by housing co-opera-tives across Canada,” said CHF CanadaExecutive Director Nicholas Gazzard. “Itwill enable them to get on with the majorrepairs and modernization of their hous-ing that they are ready to begin.”

Currently, the Government invests$1.7 billion a year in support of almost605,000 households living in existingsocial housing across the country. Most ofthis funding is delivered by provinces andterritories, which contribute annually tothe existing housing stock under long-term agreements with the federal govern-ment.

Federally-administered social hous-ing received $150 million in fundingunder Canada’s Economic Action Plan torenovate and retrofit their properties,including $120.7 million for housing forco-operatives. Existing social housingprojects, including co-operatives, admin-istered by provinces and territories hadaccess to a larger pool of $850 million infederal funding for social housing reno-vations and repairs, which was deliveredand cost-matched by provinces and terri-tories.

The Government, through CMHC,continues to work with provinces and ter-ritories and other stakeholders to ensurethat Canadians have access to a range ofaffordable housing options, includingnon-profit and co-operative housing.

As Canada's national housing agency,CMHC draws on more than 65 years ofexperience to help Canadians access avariety of high quality, environmentallysustainable and affordable housing solu-tions. CMHC also provides reliable,impartial and up-to-date housing marketreports, analysis and knowledge to sup-port and assist consumers and the housingindustry in making informed decisions.

For more information on this release:Charles SauriolCMHC Media [email protected]

www.golfiteam.com

Page 4 The Golfi Team Real Estate Market Watch February 4, 2013

FREE HoME EvaluaTionNo Cost or Obligation

Call Rob Golfi Today!

905-575-7700 / 905-945-0188

Crossword Solution

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371 Ontario Street, St. Catharines

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On Family Day, many peopleplan and take part in activi-ties aimed at the whole fami-

ly. These include visiting art exhibitions,watching movies, skating on outdoor icerinks, playing board games and takingpart in craft activities. Some communitiesplan special public events, and art gal-leries and museums may have reducedprice or free entry.

As the weather is usually very coldin February, hot chocolate and freshlybaked cookies are popular snacks. Otherpeople use the long weekend as an oppor-tunity for a short winter break or to trav-el to visit family members or friends. AsFamily Day falls on the same date asNational Heritage Day (except in BritishColumbia), some people use the day toexplore their personal heritage and fami-ly history.

Public lifeIn the provinces of Alberta, Ontario,

Saskatchewan, and British Columbiamany people have a day off work andschools are generally closed on FamilyDay. Many businesses and organizationsare closed, but post offices may be open.Public transport services may run to theirusual or reduced timetables.

In the province of Manitoba, thethird Monday of February is a generalholiday, known as Louis Riel Day. Manypeople have a day off work and schooland many businesses, organizations andstores are closed. In some communities,stores are open after noon. Public trans-port services may run to Sunday or holi-day timetables. In rural areas, there maybe no services.

In the other provinces and territoriesof Canada, Family Day is not observed,

and neither the third nor the secondMonday in February are holidays there.Businesses, organizations, schools andpost offices are open as usual and publictransport services run to their normaltimetables.

BackgroundFamily Day was first held in Canada

in the province of Alberta in 1990. It issupposed to reflect the values of familyand home that were important to the pio-neers who founded Alberta, and giveworkers the opportunity to spend moretime with their families. Family Day wasintroduced in Saskatchewan in 2007 andin Ontario in 2008. British Columbiaobserves Family Day as a statutory holi-day for the first time in 2013. One of thereasons for introducing Family Day wasthat there was a long period when there

were no holidays from New Year's Dayuntil Good Friday.

Holidays to celebrate families arealso held in other places around theglobe. In the Australian Capital Territory,the first Tuesday of November is knownas Family and Community Day. In SouthAfrica, the day after Easter Sunday isFamily Day.

Page 5: Feb. 4, 2013 Issue 64

Call Today 905-945-0188

February 4, 2013 The Golfi Team Real Estate Market Watch Page 5

Rob Golfi*

Grimsby, Lincoln West Lincoln & Niagara

grimsby $459,900

23 Tunbridge Crescent9 year old One Floor Beauty. Open concept home featureshrdwd, cer & carptd bed. Main flr family room withwalkout to fenced in back yard with spacious deck.Basement is professionally finished with oversized recroom,bathroom, bedrooms & office space

1836.92 per/mth P&i / O.A.C.

VinELAnd $185,000

3933 Durban LaneGet inside to see this lovely home! Generous foyer opens tothe comfortable living room. Eat-in kitchen w/sliding doorsto large deck. Buyer to be approved by Landlord. Landlease fee $328.84/mth. Estimated taxes $160.37/mth.Maintenance plan Gold $162/mth or $105/mth.

$738.92 per/mth P&i / O.A.C.

grimsby $309,900

683 Ridge Road WestBeautifully decorated 3+1 bedroom bungalow. Updatesinclude granite kitchen counters, newer roof, furnace 07,updated windows, entry doors, and patio door. Large 16 x28ft. deck off kitchen. Rec room with wood burningfireplace, office area, great room, laundry, and storage.

$1237.79 per/mth P&i / O.A.C.

VinELAnd $649,900

3274 King StreetSpectacular, luxurious & Immaculate best describes thisawesome beauty sitting on 1.3 acres on the bench of theescarpment with panoramic views of Lake Ontariosurrounded by vineyards and neighbouring ranch, 4 bedrms,4 car garage, granite, hardwd flrs, + + + shows like a dream.

$2595.81 per/mth P&i / O.A.C.

grimsby $649,900

253 Ridge Rd Spectacular Stately home sitting on 1.26 acres minutes todowntown Grimsby. Features 3+2 bedrooms, 3 bathrooms,gorgeous, updated, new designer kitchen, all seasonsunroom, professionally finished basement. Nothing hasbeen spared. A must see.

$2595.81 per/mth P&i / O.A.C.

jOrdAn $547,000

2869 Prince William StreetBeautifully restored circa 1908 craftsman home which once was a post office,general store and train station in the Village of Jordan. Currently used as a twofamily home & is a legal triplex. The exterior of the home has beenrefurbished in the last 10 yrs including furnace, roofs, hot water heater, allplumbing & electrical. New sewer & water lines installed in 2012. Antiquehardwood pine plank flooring throughout the main level w/the master suiteoffering a field stone wood-burning fireplace.

$2184.81 per/mth P&i / O.A.C.

grimsby $799,900

2 Shoreline CrescentLAVISH TOP TO BOTTOM - Elegant home on LakesideCrescent. The new owner will reap the benefits of this overimproved custom reno’d home w/waterfront views. Featuresentrance w/marble floors, designer kitchen w/oak cabinets,granite counters, stone backsplash, cherry hardwood floors.

$3194.93 per/mth P&i / O.A.C.

grimsby $429,900

81 Aspen DriveHOUSE & GARDEN! 2565 sqft executive home only 2.5yrs new, thousands in upgrades, large stylish maple kitchenwith granite counters, separate formal dining room, crownmoulding, oak staircase, large walk in closet off or mastersuite including ensuite bath.

$1717.09 per/mth P&i / O.A.C.

bEAmsViLLE $599,000

4130 St. George’s DriveNew Hampton Model home! 3000 sq.ft. of pure luxury,loaded w/upgrades. Open concept w/hardwood, ceramic &porcelain flrs. Kitchen w/granite counters, glass backsplash& island. DR boasts coffered ceilings & wainscoting.Master bdrm w/double walk in closets & spa bathroom.

$2392.50 per/mth P&i / O.A.C.

st. CAthArinEs $434,900

8 Westport AvenuePrestigious area, walking distance to Port Dalhousie. Impressiveopen concept layout. Main level has hardwood flooring, livingroom with a wood burning fireplace, large family room surroundseat-in kitchen w/plenty of countertops, cabinets, pot drawers &pantry storage. 2 patio doors lead to deck and private backyard.

$1737.06 per/mth P&i / O.A.C.

WEst LinCOLn $399,900

8530 Silver StreetCHARACTER HOME Circa 1865 – Sitting on 1.22 Acres,4 bedrm, 2 bathrms, over $200,000 in updates, beautifulpine plank flrs, large country size kitchen, updated vinylwindows, newer furnace & C/air, inground pool, 20x32 fthobby barn + dble car garage 15 min drive to Hamilton.

$1597.27 per/mth P&i / O.A.C.

bEAmsViLLE $779,900

5109 Leonard Crescent9.2 acres on Escarpment bench, surrounded by trees is minutes fromtown. Secluded 1900 sq.ft. bungalow features stained oak hrdwd flrs,large liv. rm with showcase fireplace. Flr to ceiling sliding doors leadto backyard oasis overlooking Lake Ontario. C/A, vinyl windows &shingles in the last 10 yrs, & oversized 23x23 ft. double garage.

$3115.05 per/mth P&i / O.A.C.

grimsby $344,900

5 Hazelwood AvenueRare find! Beautiful 2+1 BR on a 50x207 ft. lot, in familyneighbourhood. Udates: roof ‘11, soffits & eaves, patio, gasbbq hook up, 2 baths redone, updated kitchen, & freshlypainted. Fin. basement with new rec room, 3rd BR/gamesroom. Laundry rm, large workshop & det. single garage.

$344,900 per/mth P&i / O.A.C.

bEAmsViLLE $246,900

5125 Connor Drive, Unit # 442 storey, 1460 sq ft. freehold town home features 9ftceilings, 3 great size BRs, loaf area w/3 piece ensuite,2 large closets in master bedroom, kitchen w/ breakfast areaoverlooking family rm, access from garage to rear yard &minutes to all amenities. To be built.

$986.16 per/mth P&i / O.A.C.

smithViLLE $349,900

114 Golden Acres DriveA MUST SEE! 2 storey, 3 bedroom, former model homeinimmaculate condition. Features hardwood andceramicfloors on main floor. Stunning eat-in kitchen, withgardendoors to lovely back yard. Double car garage andcovered.

$1317.67 per/mth P&i / O.A.C.

grimsby $649,900

643 Ridge Road WestCountry living at its best! 1.3 acres and featuresbeautifulhardwd flrs, oak staircase, professionally finishedbasement,master bedrm with large ensuite, double garagewith directaccess to basement, updated vinyl windows,furnace 2010,shingles 2006, 9000 gal cistern under garage.

$2595.81 per/mth P&i / O.A.C.

VinELAnd $254,900

3927 Durban Lane Beautiful open concept bungalow features hardwood&ceramics on main floor, oak staircase, Californiashutters,garden doors to large deck & a sunny main floorden. Landlease 2013 /mth $372.84 and maintenance fee$164 or $107/mth.

$1018.11 per/mth P&i / O.A.C.

WAinfLEEt $899,900

40625 Feeder Road EastSpectacular 3500 sq.ft. 5 bedrm beauty, sitting on 59.60acres. Features maple kitchen with granite counters, mainflr master bedrm with rich hotel style ensuite, oversizedwalk in closet, gleaming hardwd flrs, professionally finishedbasement, 140x72 ft. riding arena, & 8 stall horse barn.

$3594.35 per/mth P&i / O.A.C.

bEAmsViLLE $454,900

4024 Bush CrescentOutstanding and immaculate! This Hillside Estate homeshows beautifully. Featuring maple kitchen with breakfastisland and butler’s pantry to dining room. 9 ft ceilings, 8 ftwide sliding doors to fenced and landscaped yard with large12 x 34 ft deck.

$1816.94 per/mth P&i / O.A.C.

grimsby $449,900

364 Mountain RoadSprawling 3+2 bdrm home on aprx 1 acre. Eat-in kitchen,open concept LR, formal DR, den, master bdrm w/ensuite &walk-in closet, main flr laundry, & dbl car garage. 2ndkitchen, rec room, 3pc bath. Above ground pool. Manyupdates.

$1796.97 per/mth P&i / O.A.C.

SOLD ANOTHER ONE

SOLD ANOTHER ONE

Page 6: Feb. 4, 2013 Issue 64

Page 6 The Golfi Team Real Estate Market Watch February 4, 2013

www.golfiteam.com

to raise money to build an Indoor Playroom at the McMaster Children’s Hospital.

Our goal is to raise $50,000 to build The Golfi

Playroom of Dreams. Together we have

raised $4,600. Thank you for your donations!

To make a donation, please contact

Amanda Moore at 905-521-2100 ext. 76871

or email [email protected]

Saturday, February 16

from 9am-4pm,

at The Real Canadian Superstore

in Grimsby (off Casablanca).

bbQ & bAKE sALE

GOLFI Concrete & Drain Ltd. Presents

bbQ & bAKE sALE

MANY PRIZES TO BE WON!

GOAL$50,000!

RAISED$4,600

Page 7: Feb. 4, 2013 Issue 64

February 4, 2013 The Golfi Team Real Estate Market Watch Page 7

Call Today 905-575-7700

RECEIVE A STAINLESS STEEL UNDER MOUNT SINK &

A FREE UPGRADED EDGE!*Minimum of 40 square feet, no cash value, 1 gift certificate per household.

Must present this post card at time of ordering. Contract must be signed before January 31, 2013, in order to redeem certificate.

Some restrictions may apply.

BEST PRICE

GUARANTEED!

VISIT OUR SHOWROOM TO MEET WITH A MEMBER OF OUR FRIENDLY AND KNOWLEDGEABLE SALES TEAM

Ontario is launching anAction Plan to respondto the growing needs of

the province's aging populationand to provide seniors with betteraccess to health care, qualityresources and improved safety andsecurity.

The Action Plan for Seniorsbuilds on the recently releasedhighlights from the report LivingLonger, Living Well by Dr. SamirSinha. Using a cross-governmentapproach, the plan draws on newand existing programs and initia-tives to ensure that seniors andtheir caregivers have access to theservices they need, when andwhere they need them.

The Plan will:• Provide more home care servic-

es by expanding personal sup-port worker services throughcommunity support agencies.

• Create a 'one-stop' informationsource for seniors' servicesonline at ontario.ca/seniors andby phone at 1-888-910-1999.

• Enhance elder abuse preventiontraining for community agen-cies.

• Implement a wandering preven-tion program to help families

living with Alzheimer's andother dementias.

Ontario's Action Plan forSeniors is part of the McGuintygovernment's plan to ensure thatseniors and their families haveaccess to quality services and sup-ports in order to lead healthy andindependent lives.

Quick FactsBy 2017, for the first time,

Ontario will be home to more peo-ple over 65 than children under 15.

The number of seniors inOntario will more than double by2036.

In 2004, Ontario became thefirst international place to desig-nate a day as Elder AbuseAwareness Day.

There are more than 270Elderly Person Centres across theprovince serving about 245,000older adults.

Quotes“What is best for Ontario sen-

iors is best for Ontario. Togetherwith seniors and their families andcaregivers, and our communitypartners, we will make Ontario thebest place in North America togrow older. Ontario’s Action Plan

for Seniors provides Ontario’sseniors with the information thatthey, their families and caregiversneed to make choices that willhelp seniors feel safe and support-ed, and to remain healthy andindependent for as long as possi-ble.”

Linda JeffreyMinister Responsible for Seniors

“Supporting the independenceof older Ontarians requires an all-hands-on-deck approach, acrossall sectors, and including partner-ship between families, careproviders and government. Byworking together, we can provideseniors with the care they need tolive long, active and healthylives.”

Deb MatthewsMinister of Health and Long-

Term Care

Ontario Launches Action Plan for SeniorsOntario Government Committed to Making Ontario the Best Place to Age

Seniors Real Estate Specialist is adesignation for REALTORS® toaddress the needs of home buyers andsellers, age 50-plus. If you are buying orselling a home, contact Rob Golfi today.

Rob GolfiSales Representative

905-575-7700

Page 8: Feb. 4, 2013 Issue 64

Page 8 The Golfi Team Real Estate Market Watch February 4, 2013

www.golfiteam.com

www.golfiteam.com905-575-7700

Maximum

Exposure Sells

Your Home

Buyers out $10,000 as house deal falls apartCourt case shows a buyer must be careful before putting down a deposit on a home they’re not certain they want to buy.

If a house deal falls apartbecause the buyer can’t closeand the seller then sells the

property to someone else for more,who gets the deposit?

Here’s what can happen:In early September 2003,

Shankar Iyer and Bala Ramachandranagreed to pay $289,000 for a newhome from Pleasant DevelopmentsInc. They accompanied their offerwith a $10,000 deposit and thebuilder accepted it on September 16.The buyers got cold feet and the nextday changed their mind, asking forthe return of the deposit.

The builder refused to return itand resold the house for $700 lessthan the original deal, but kept thedeposit. The couple sued in SmallClaims Court for the return of thedeposit. When it came to the hearing,the question for the court waswhether the builder could keep it all.The judge decided the builder couldonly keep $700 — the amount by

which the sale was reduced — andwas ordered to give the balance of$9,300 to the buyer.

The builder appealed. Threeyears later, Judge Brown of theOntario Superior Court of Justicedecided the builder could keep theentire deposit, even though he did notsuffer any loss.

He quoted the law on the subjectas follows:

“Even in the case where the sell-er re-sells at a purchase price that ishigh enough to compensate for anyloss from the first sale, the seller maynevertheless retain the deposit.”

What this means is that, where itis the buyer’s fault that a deal doesnot close, the seller can keep thedeposit. There is an exception to thisrule if the amount of the deposit is outof all proportion to the losses suf-fered. In those cases, the loss of thedeposit may be considered a penaltyand then it will not be paid to the sell-er and will be returned to the buyer.

The buyers tried to argue that theloss of the $10,000 was out of all pro-portion to the losses suffered by theseller. The judge noted that thedeposit paid was only 3.6 per cent ofthe purchase price.

In my opinion, the deposit wouldhave to be greater than 10 per cent ofthe purchase price in order for thebuyer to recover it if the seller suf-fered little or no damages.

Here are the lessons:1. Understand your rights are before

you sign a real estate contract andmake a deposit.

2. If you are a buyer, understandthat once an agreement is signedand accepted, you cannot simplychange your mind, even one daylater.

3. If a buyer defaults on their obli-gations, then not only can theseller sue for any damages, theycan in most cases sue for thedeposit, even if they have suf-fered no damages at all.

4. If a matter goes to court, anydeposit will remain in the real

estate brokerage trust accountuntil the parties sign a mutualrelease or the matter is decided bya court, which in this case, tookmore than 2 years.

By Mark Weisleder

Mark Weisleder is a Toronto realestate lawyer. Contact him [email protected]

Buyers need to be sure they want to buy a house before they put down a deposit - theymight lose it if they change their mind.

289-969-6532

Page 9: Feb. 4, 2013 Issue 64

Call Today 905-575-7700

February 4, 2013 The Golfi Team Real Estate Market Watch Page 9

Rob Golfi*

Hamilton, Stoney Creek,Ancaster, Dundas & Glanbrook

hAmiLtOn mtn $429,900

84 Onyx DriveIncredible 2600 sq.ft. 2-storey, 4 bedroom home withgorgeous hardwood floors, maple kitchen with granitecounter tops and breakfast island. Spa-like ensuite offmaster bedroom and large walk-in closet. Fantastic sizedining room with showcase fireplace in family room.

$1717.09 per/mth P&i / O.A.C.

hAmiLtOn WEst $299,900

163 Caroline Street SouthFirst time on the market, ever!!! Very unique layoutfeaturing an updated kitchen, boiler, roof, wiring, flooring,electrical panel, windows, doors, bathroom, main floorlaundry & beautiful den/sun room with updated skylightsoverlooking private yard!! Bonus double width driveway.

$1197.85 per/mth P&i / O.A.C.

hAmiLtOn Ctr $159,900

35 Stirton StreetUPDATES GALORE! SHOWS 10++ with loads of roomfor a big family. New kitchen & bathrooms. Owner isdownsizing, house is very clean. 3rd floor can be play areaor family room or 2 more bedrooms. Private rear yard witha fabulous deck, and a big front porch. Appliances included.

$638.67 per/mth P&i / O.A.C.

stOnEy CrEEK mtn $385,000

21 Summerfield AvenueGreat Stoney Creek mountain location! 3+1 bedroomsw/spacious rooms, master with ensuite and walk-in closet,updated hardwood flooring in living & dining room, and eat-in kitchen with oak cabinets. Beautifully landscaped lot with15 x 29 in-ground pool and large deck great for entertaining.

$1537.75 per/mth P&i / O.A.C.

stOnEy CrEEK $339,900

39 Kilbourn AvenueOUTSTANDING IMMACULATE HOME! Completelyredone top to bottom gorgeous new kitchen w/granitecounters & tumble marble backsplash, updated bathrooms,new trim, pot lights, new gleaming hardwood floors,updated vinyl windows, fin. basement w/new Berber carpet.

$1357.62 per/mth P&i / O.A.C.

hAmiLtOn $289,900

673 King St. EastLOCATION LOCATION! This incredibly maintained 2200sq.ft. corner property with commercial frontage and 2 add’tlapts features fantastic income, close to Cathedral highschool, new roof 4yrs new, 14 ft ceilings, hardwd flrs, fullbasement with newer wiring & parking space in the back.

$1157.91 per/mth P&i / O.A.C.

stOnEy CrEEK $348,900

92 Greenstem Crescent3 BR Desantis “Lakeshores” model in Lakepointe Community.Main floor has 9 ft. ceilings, open concept Living Rm w/gasFP, hdwd flrs, sep dining room, eat-in kitchen with bkfst bar,& fenced yard. BR level laundry, master w/walk in closet &ensuite. Framed in & prewired basement.

$1393.56 per/mth P&i / O.A.C.

hAmiLtOn $399,900

69 South Oval INVESTMENT! 7 bedrooms grossing $3000/month.Updates include kitchen ('07), back flow valve ('11), Boiler('12), some windows, roof & electrical, basement bedroom('12). Show & Sell!!

$1397.96 per/mth P&i / O.A.C.

stOnEyCrEEK $789,900

10 LakeshoreThis exclusive waterfront property offers an opportunity tobuild a waterfront dream home or live in the existing home.Offers approx. 99 ft. frontage w/shore protection, sandy beach& boathouse. Features upgraded Geothermal heating/coolingsystem & a new roof in 2009. A one of a kind property!

$3154.99 per/mth P&i / O.A.C.

hAmiLtOn $469,900

1 Mountain AvenueAwesome duplex – Circa 1903 with thousands spent on newmaple kitchen with ceramic backsplash, sparkling updatedbathroom, new & refinished hardwood floors, furnace,C/air, shingles, fascia, eaves & vinyl windows 2012, 3 carparking, separate hydro meters, steps from trendy Lock St.

$1876.86 per/mth P&i / O.A.C.

hAmiLtOn $169,900

36 David AvenuePRICED FOR ACTION!! Great location, two storey veryspacious. Fabulous lot with big shed, 4 car paved drive.Large wall-in close, huge laundry and storage area with sidedoor to lovely yard. Living room with bay window and gasfireplace.

$678.61 per/mth P&i / O.A.C.

hAmiLtOn $309,900

723 Templemead DriveCHARM WITH A CAPITAL “SEE”! 2 storey home withfully finished basement in fantastic condition, hardwood andnew carpeting on stair case and upper level, large kitchen,separate dining room, most windows updated 2011,shingles 6 years new, fenced yard, and close to all amenities.

$1237.79 per/mth P&i / O.A.C.

hAmiLtOn $239,900

8-644 Upper Paradise RoadRarely available! Exclusive self-managed complex with only20 units. Attached at garage only. 3+1 bedrooms, 2.5bathrooms. Gorgeous park-like common element. Updatesinclude: roof, eaves, soffits (‘08), windows (’09), insul garagedr (‘10), driveway (’11), walk-way (’12). A hidden gem!

$958.20 per/mth P&i / O.A.C.

hAmiLtOn $129,900

157 Province Street NorthSUPER BUY STARTER HOME! 3 bedrm home located closeto schools, major shopping & bus routes. Open conceptkitchen w/breakfast bar, cozy sep. dining rm, updated laminateflooring, fin. basement w/3 pc bath, fenced yard w/coveredback porch. Home needs paint brush & elbow grease.

$518.84 per/mth P&i / O.A.C.

stOnEy CrEEK $549,900

39 Sasha CourtTRENDY AND STYLISH! This move in ready 6 yrs. new,2 storey, 4 bedroom home boasts maple kitchen with granitecounters & breakfast bar, 9ft ceilings, hardwood floors,show case fireplace in family room, fully landscaped withcoloured concrete drive. Shows like a dream.

$2196.39 per/mth P&i / O.A.C.

hAmiLtOn WEst $419,900

39 Melbourne StreetWest Hamilton Gem! Steps from Locke St., walking distanceto schools. Shingles, soffit, facia, windows, furnace, A/C,wiring/panel, plumbing, prof. brick restore on entire house,flring, kitch, baths - 2012. Open concept kitch w/granitecounter tops. 9 ft. ceilings w/California knock down.

$1397.96 per/mth P&i / O.A.C.

stOnEy CrEEK $349,900

1364 Highway #8CHARMING BUNGALOW TAKES YOU BY SURPRISE– this 2100 sq.ft. home sitting on park like setting countrylot 85x187 ft. backing onto wooded green space, featuresgorgeous oak kitchen cabinets w/granite counters tops,beautiful hardwood floors, and close to all amenities.

$1397.56 per/mth P&i / O.A.C.

SOLD ANOTHER ONE

SOLD ANOTHER ONE

SOLD ANOTHER ONE Call the Golfi Team for aFREE Market Evaluation

Your home could be worth more than you think!

905-575-7700

Page 10: Feb. 4, 2013 Issue 64

www.golfiteam.com

Page 10 The Golfi Team Real Estate Market Watch February 4, 2013

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Page 11: Feb. 4, 2013 Issue 64

Call Today 905-945-0188

Advertise Herefor information on advertising in the

market Watch, contact

Rose Magroemail: [email protected]

cell: 905-745-0122

February 4, 2013 The Golfi Team Real Estate Market Watch Page 11

Across

1 Ethiopian capital (5,5)

7 Levy on cars etc (4,3)

8 Loose-fitting shirt or cloak (5)

10 Destiny (4)

11 Side playing at their own ground (4,4)

13 Process of arrival (6)

15 Seafood item (6)

17 Envious emotion (8)

18 Contract (a muscle) (4)

21 Digger for gold or coal, say (5)

22 Thick soft porous cake — attractiveperson (7)

23 Clumsy person — heavy shoe (10)

Down

1 Separate(d) (5)

2 Shorter signals in the Morse code (4)

3 Church bell-ringer or grave-digger (6)

4 Flatter (6,2)

5 Barmy (7)

6 Bottleneck on wheels (7,3)

9 Intricacy (10)

12 (Of gossip) in circulation (8)

14 Face cloth (7)

16 Hitchcock classic (6)

19 Person shunned socially (5)

20 Evidence of pregnancy — knock (into) (4)

Crossword Puzzle (Solution on Page 4)

Top real estate lessons from 2012Lots can go wrong before a real estate deal closes. Here are some of the mistakes to avoid.

Between signing a real estate dealand closing, there are plenty of things thatcan go wrong. By being prepared you canmake sure that your deal is kept on thestraight and narrow.

Here are some recurring themes Isaw this year.

1. Appliance disappointmentsSellers will only guarantee that the

appliances and home systems they leavebehind will be working on closing. Ifsomething breaks down shortly there-after, it is not the seller’s responsibility.Buyers should consider insurance againstthese types of breakdowns. Some compa-nies that provide these policies areCanadian Home Shield, Resrx and DirectEnergy. As with any insurance policy,check the deductibles and what is andwhat is not covered.

2. Closing day disappointmentsSellers have to move out as soon as

title changes hands. This can be as earlyas 9 a.m., although most deals closebetween 1 p.m. and 4 pm. If the seller isstill there after the title changes, they canbe liable for any extra moving costs thebuyer incurs.

Sellers must also be sure they givetheir lawyer the right keys so the buyercan get in. On more than one occasion inmy experience, the seller left one key butthere were two locks on the front door.The buyer had to pay a locksmith andsent the bill to the seller. The same goesfor junk left behind. If you leave it, you

may have to pay the costs to remove it.

3. Arrange bridge financingMost buyers want to close their sale

and purchase on the same day.Sometimes it doesn’t go smoothly. Forexample, if the person buying your homeis late closing, your lawyer may not beable to get the money to the lawyer whois acting for the person selling their hometo you in time. This can result in the sell-er cancelling the deal if you are late, orcharging a penalty to extend it for anoth-er day. In addition, you will likely payadditional moving costs as your sellermay not have left the home by the timeyour movers arrive.

Bridge financing gives you the abili-ty to have the funds on hand if neededand merely pay interest on the money forone or two days.

4. Appraisal policy requirementsMore and more lenders are request-

ing that an appraisal be done a few daysprior to closing, after the buyer haswaived their financing condition. If theappraisal says your home is not worthwhat you paid for it, they will not lendyou what you expected, and you willhave to come up with this additionaldown payment yourself. This can be dis-astrous at the last minute.

Ask about your lender’s policyregarding appraisals before you apply forany mortgage loan. Make sure they willprovide all approvals before you have towaive any finance condition.

5. The new home HST rebatePeople who buy a new home or con-

dominium from a builder must under-stand that the HST rebate is built into thesale price. The builder will get thismoney, after closing, from the CanadaRevenue Agency (CRA), so long as youmove into the home. If you are not mov-ing in, but intend to rent it out or resell itimmediately, you will have to pay thisHST, typically between $20,000 and$30,000, to the builder on closing.

Otherwise CRA may chase you for themoney later.

By being properly prepared inadvance, you should enjoy a positivehome closing experience in 2013.

Mark Weisleder is a Toronto real estatelawyer. Contact him at [email protected]

Page 12: Feb. 4, 2013 Issue 64

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