Nov 3, 2014 Issue 105

12
WHAT’S INSIDE: HOMES FOR SALE | PAGE 3 Hamilton, Stoney Creek, Ancaster, Dundas & Glanbrook LUXURY & WATERFRONT | PAGE 9 HOMES FOR SALE | PAGE 5 Grimsby, Lincoln, West Lincoln & Niagara RENTALS | PAGE 8 HOME EVALUATION NO COST NO OBLIGATION 905-575-7700 905-945-0188 City dwellers driving Canada’s real estate market PAGE 7 Rob Golfi Sales Representative November 3, 2014 - Vol 70A Finders Keepers? T his isn’t just a kids’ expression, it’s the law. But, there certainly are some rules when it comes to real estate. The current controversy involves the “finding” of cartoons penned by the late Ben Wicks (opposite). Ben was a prolific editorial cartoonist and political satirist. While he was a great creative mind and spirit, he was not good at looking after his things. After a lifetime of producing humorous cartoons in volume, he really never cleaned up after himself. He never had a moment to properly organize his life’s work. So, he stored it just about everywhere, including his three children’s homes. His son Vincent had about 3,000 of the cartoons. They had been left by movers, packed in green garbage bags when Wicks' son, Vincent, sold the house to Mr. Harnett and moved from Keswick to Vancouver in 1992. Shortly thereafter, the new owner’s brother Richard Harnett found the cartoons in plastic garbage bags in the garage. So, the legal question was “who owns the cartoons”? Basically, Harnett kept the cartoons “under wrap” until after Ben Wicks passed away. Harnett then surfaced in 2001 and wished to make some money by printing them in a book. Now, if there is one law that book publishers know very well it is the law of copyright. And, they said that the Wicks family must agree, since they inherited the copyright from Ben when he died in 2000. The Wicks family thought that Harnett should simply return the cartoons and perhaps be paid a small fee for “storage”. But, Harnett says he owns them! Now, the Wicks family had to sue for their return. The cartoons would have a value of perhaps $75,000 to $100,000. The trial Judge Thomas Lederer cautioned Harnett that "the onus is very high here to prove specific intent" to abandon the drawings, either expressly or by inference. This comment followed evidence that Ben stored his works in green plastic bags, ordinarily used for refuse. The legal principles that apply in a case like this are rather straightforward: A finder gets to keep the property against everyone other than the true owner The finder must have a legal right to be in the location where the find is made The true owner only loses his property if it can be clearly demonstrated that he intended to part with it, abandon it or give it away So, hence the discussions about green plastic bags left in a garage at the time of moving. There have been numerous Court rulings with respect to such cases. A finder who picked up some cash on the floor in a bank was allowed to keep it. The customer who lost it could not be located and it was found in the public part of the bank. In another case, a finder was obligated to turn the money over to the bank when it was found in the private office section of the bank where the public was ordinarily excluded, and he was present there, only upon invitation. A finder who came across some $100,000 hidden in the ceiling of a house that he purchased was obligated to turn the money over to the Crown. It was determined that the former owner, a member of the Hell’s Angels was the true owner, but that the money was in fact “proceeds of crime”, so it could not be retained. There are several cases that simply deal with money or assets overlooked and left behind by former owners. In most cases, the property is hidden, so it’s not really “abandoned” in a legal sense. What do you think about the Ben Wicks cartoons? Should they have been be returned to his estate? Here are the reasons why they should: • The property was valuable • The cartoons were stored • They were not abandoned • They were left behind by mistake • Ben Wicks is the rightful owner • Ben Wicks holds the copyright to their reproduction And, if you must argue the “other side”, here is the argument: The property had limited to no value The cartoons were not stored They were placed in garbage bags They should have been thrown out The new owner of the house had the legal right to dispose of them The brother having identified them was able to retain them It seems actually like a clever legal argument, however, there is a very significant issue in this particular case. These were original works in which Ben Wicks retained ownership of the copyright. That right cannot simply be left behind in a plastic bag, even if it is opaque green and many people use it for garbage. And, if you don’t take it out to the curb, it’s probably not abandoned. The common law of “finders keepers” was never intended to deprive the true owner of his property. It was simply there to sort out who has the highest rights to the property if the true owner cannot be found or identified. Not much of an argument for Mr. Harnett, unless he can prove that Ben Wicks himself simply thought it was all garbage in the first place. In an 11-page decision, Superior Court Judge Thomas Lederer ruled the cartoons, depicting political figures back to the late 1960s, are the property of the late political cartoonist and not Richard Harnett. In his decision, Lederer said "the evidence is clear he (Wicks) sought to keep them all...The material was simply not left." The law governing abandonment, the judge said, requires "a total desertion, and absolute relinquishment of private goods by the former owner." This definition, he said, makes it clear there must be a specific intent to abandon the drawings. Lederer said the evidence showed Vincent Wicks never used the garage for garbage, only storage. By Brian Madigan LL.B., Realtor is an author and commentator on real estate matters

description

Rob Golfi and The Golfi Team ReMax Real Estate. The Market Watch is a bi-weekly real estate publication that is produced and distributed by The Golfi Team ReMax Real Estate for the Hamilton, Stoney Creek, Grimsby, Beamsville, Vineland and surrounding areas. The Market Watch covers industry news, updates and all the latest listings of homes in the area.

Transcript of Nov 3, 2014 Issue 105

Page 1: Nov 3, 2014 Issue 105

WHAT’S INSIDE:HOMES FOR SALE | PAGE 3Hamilton, Stoney Creek, Ancaster,Dundas & Glanbrook

LUXURY & WATERFRONT | PAGE 9

HOMES FOR SALE | PAGE 5Grimsby, Lincoln, West Lincoln & Niagara

RENTALS | PAGE 8

HOME EVALUATION NO COST • NO OBLIGATION905-575-7700 • 905-945-0188

City dwellers drivingCanada’s real estatemarketPAGE 7

Rob GolfiSales Representative

November 3, 2014 - Vol 70A

Finders Keepers?

This isn’t just a kids’expression, it’s the law. But,there certainly are some rules

when it comes to real estate. Thecurrent controversy involves the“finding” of cartoons penned by thelate Ben Wicks (opposite). Ben wasa prolific editorial cartoonist andpolitical satirist.

While he was a great creative mind and spirit, hewas not good at looking after his things. After a lifetimeof producing humorous cartoons in volume, he reallynever cleaned up after himself. He never had a momentto properly organize his life’s work.

So, he stored it just about everywhere, including histhree children’s homes. His son Vincent had about3,000 of the cartoons. They had been left by movers,packed in green garbage bags when Wicks' son,Vincent, sold the house to Mr. Harnett and moved fromKeswick to Vancouver in 1992. Shortly thereafter, thenew owner’s brother Richard Harnett found thecartoons in plastic garbage bags in the garage.

So, the legal question was “who owns the cartoons”?Basically, Harnett kept the cartoons “under wrap”

until after Ben Wicks passed away. Harnett thensurfaced in 2001 and wished to make some money byprinting them in a book. Now, if there is one law thatbook publishers know very well it is the law ofcopyright. And, they said that the Wicks family mustagree, since they inherited the copyright from Benwhen he died in 2000.

The Wicks family thought that Harnett shouldsimply return the cartoons and perhaps be paid a smallfee for “storage”. But, Harnett says he owns them!Now, the Wicks family had to sue for their return. Thecartoons would have a value of perhaps $75,000 to$100,000.

The trial Judge Thomas Lederer cautioned Harnettthat "the onus is very high here to prove specific intent"to abandon the drawings, either expressly or byinference. This comment followed evidence that Benstored his works in green plastic bags, ordinarily usedfor refuse.

The legal principles that apply in a case like this arerather straightforward: • A finder gets to keep the property against everyone

other than the true owner• The finder must have a legal right to be in the

location where the find is made• The true owner only loses his property if it can be

clearly demonstrated that he intended to part with it,abandon it or give it awaySo, hence the discussions about green plastic bags

left in a garage at the time ofmoving.

There have beennumerous Court rulings withrespect to such cases. Afinder who picked up somecash on the floor in a bankwas allowed to keep it. Thecustomer who lost it couldnot be located and it wasfound in the public part of thebank. In another case, afinder was obligated to turnthe money over to the bankwhen it was found in theprivate office section of thebank where the public wasordinarily excluded, and hewas present there, only uponinvitation.

A finder who came acrosssome $100,000 hidden in theceiling of a house that hepurchased was obligated toturn the money over to the Crown. It was determinedthat the former owner, a member of the Hell’s Angelswas the true owner, but that the money was in fact“proceeds of crime”, so it could not be retained.

There are several cases that simply deal with moneyor assets overlooked and left behind by former owners.In most cases, the property is hidden, so it’s not really“abandoned” in a legal sense.

What do you think about the Ben Wicks cartoons?Should they have been be returned to his estate?Here are the reasons why they should:• The property was valuable• The cartoons were stored• They were not abandoned• They were left behind by mistake• Ben Wicks is the rightful owner• Ben Wicks holds the copyright to their reproductionAnd, if you must argue the “other side”, here is theargument:• The property had limited to no value• The cartoons were not stored• They were placed in garbage bags• They should have been thrown out• The new owner of the house had the legal right to

dispose of them• The brother having identified them was able to

retain themIt seems actually like a clever legal argument,

however, there is a very significant issue in this

particular case. These were original works in whichBen Wicks retained ownership of the copyright. Thatright cannot simply be left behind in a plastic bag, evenif it is opaque green and many people use it for garbage.And, if you don’t take it out to the curb, it’s probablynot abandoned.

The common law of “finders keepers” was neverintended to deprive the true owner of his property. Itwas simply there to sort out who has the highest rightsto the property if the true owner cannot be found oridentified. Not much of an argument for Mr. Harnett,unless he can prove that Ben Wicks himself simplythought it was all garbage in the first place.

In an 11-page decision, Superior Court JudgeThomas Lederer ruled the cartoons, depicting politicalfigures back to the late 1960s, are the property of thelate political cartoonist and not Richard Harnett.

In his decision, Lederer said "the evidence is clearhe (Wicks) sought to keep them all...The material wassimply not left." The law governing abandonment, thejudge said, requires "a total desertion, and absoluterelinquishment of private goods by the former owner."This definition, he said, makes it clear there must be aspecific intent to abandon the drawings. Lederer saidthe evidence showed Vincent Wicks never used thegarage for garbage, only storage.

By Brian Madigan LL.B., Realtor is an author and commentator

on real estate matters

Page 2: Nov 3, 2014 Issue 105

www.GolfiTeam.com

about Rob Golfi

Rob’s career in real estatebegan in October 1997and putting the needs of

his clients first has always beena primary principle. Rob joinedRE/MAX Escarpment January1st 1999. As his career grewand with changing times in themarketplace, Rob realized thatthe team concept was the nextstep in order to maintain thesame level of service that hisclients had come to expect.

Hence, “The Golfi Team” was formed, comprised of aselect group of individuals who work well together andshare Rob’s team philosophy. In 2003, the teamreceived the prestigious honour of being in the top 100Real Estate Teams for RE/MAX Canada*. And this sta-tus continues to date*. Rob has received every majoraward available at RE/MAX including the DiamondClub (2010-2012)*, 100% Club (1999-2001)*, PlatinumClub (2002)*, Chairmans Club (2003-2009)*, Hall ofFame (Inducted in 2003)*, and the LifetimeAchievement Award (Inducted in 2006)*, Circle ofLegends (2013).*

Rob’s experience and aggressive negotiating skills arekey in this business. Any agent can list your house, butRob’s knowledge and ability to negotiate constructive-ly gives his clients peace of mind in dealing with the sin-gle most important investment in their lives.

Rob has an extensive marketing background thatcompliments his real estate career. He has achieved animpressive visual identity in the market place. Rob alsoprides himself on his ability to stay current with in theindustry and to remain competitive in the marketplace.His hard work and dedication has awarded him thehonour of consistently ranked in the Top 5 of nearly2500 sales agents in the Hamilton-Burlington andNiagara Area since (2003).** Currently (2013)* Rob isranked Number 1 in transactions sales ends in theHamilton-Burlington and Niagara Area.

“Each client is always treated with First Class Service.”

*Based on RE/MAX Ontario Atlantic Canada annual commission criteria

**Based on The Real Estate Association of Hamilton-Burlington total transac-

tions January 1, 2003 – March 31, 2013.

Page 2 The Golfi Team Real Estate Market Watch November 3, 2014

visitwww.Golfiteam.comCheck out our Blog for the latest

information in Real estate

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is a designation for REALTORS® to address the

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Rob GolfiSales Representative

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If you are buying or selling a home,

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ROB GOLFISaleS RepReSentative

www.GolfiTeam.com | 905.575.7700 | 1.800.288.9184

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Page 3: Nov 3, 2014 Issue 105

Hamilton, Stoney CreekAncaster, Dundas & Glanbrook

Call Today 905-575-7700

STONEY CREEK $479,90035 Chianti Crescent

3 BEDROOM, 2 STOREY HOME. Open concept livingwith hardwood and granite floors, vaulted ceiling, crownmoulding. Basement with games room, wet bar and 4 pcbathroom. Patterned concrete, gazebo w/ fireplace &covered patio.

$1,917 per/mth P&I / O.A.C.

STONEY CREEK $474,900180 Montreal Circle

4 bedrm multi-level home complete with hardwood &ceramics, vaulted ceilings, marble & Corian countertops,upgraded kitchen with loads of cupboards, and completelyfinished basement w/extra full bathrm. Double car garage,backing onto ravine. Get your clients inside.

$1,897 per/mth P&I / O.A.C.

hAmIlTON mTN $369,90052 Courtland Avenue

Gorgeous one flr in desirable location on the Mountain! 3+2BRs, 3 full baths, beautiful LR & DR w/French doors. Roof2014, Furnace 2008, Deck 2011, Alarm System, ingroundsprinkler system, main floor ldry rm. Fully finishedbasement w/2 lrg BRs, potential for in-law suite w/sep. sideentrance!

$1,477 per/mth P&I / O.A.C.

CARlISlE $899,90013 Elderberry Lane

Gorgeous backyard w/12x12 cabana w/hydro, custom pool,fenced yard, stamped concrete and private treed setting.Professionally finished basement w/solid oak wet bar,oversized 3 car garage, roof, furn & A/C 2009, CV 2011,Pool Pump 2014.

$3,594 per/mth P&I / O.A.C.

November 3, 2014 The Golfi Team Real Estate Market Watch Page 3

hAmIlTON mTN $379,90061 Courtland Avenue

Great Mountain Location! 4+1 BR plus 3 full baths ispriced to sell! Separate living room & dining room, sunkenfamily rm w/gas fireplace, & glass door to deck & backyard.Finished basement w/BR, bath, rec room & full kitch w/gasstove. New roof & skylight Aug ‘14, shed ‘13, deck ’12.

$1517 per/mth P&I / O.A.C.

STONEY CREEK $259,90081 Kilbourn Avenue

Great starter or retirement home! Bungalow in desirableCherry Heights neighbourhood in Stoney Creek. Updatesinclude: new windows and kitchen along with newer floorson main level and furnace 2006.

$1038 per/mth P&I / O.A.C.

hAmIlTON CTR $246,90027 Frederick Avenue

Great starter home near Centre mall, Tim Hortons field,transportation and elementary school. Featuring a doublestamped concrete drive and walkway and great deck. Drop-down stairs for attic storage, updated kitchen, laminateflooring and partially finished basement with finishedlaundry room.

$986 per/mth P&I / O.A.C.

STONEY CREEK $254,900338 Barton Street

First Time Buyers! Ready to move in. Home features 3+1bedrooms, renovated bathrm, updated windows, hardwdflooring, new kitchen backsplash, new roof 2013, newerfurnace & completely fenced-in backyard. Don’t wait!.

$1018 per/mth P&I / O.A.C.

hAmIlTON EAST $299,900423 Osborne Street

GORGEOUS RENOVATED BUNGALOW! HickoryHardwood & porcelain tile throughout. Stylish new kitchenw/high end sinks, faucets, caesarstone counters & glassbacksplash. Huge recrm & lots of storage. Close to Red Hill,QEW and waterfront. Move in ready, quick close available!

$1198 per/mth P&I / O.A.C.

Rob Golfi*

STONEY CREEK $399,900723 Ridge Road

BEAUTIFUL ESCARPMENT VIEWS! Prime location onRidge Road, close to all amenities. This property has a homesuitable for renting or building your dream home. Buyer tosatisfy themselves with building permits & costs.

$1,597 per/mth P&I / O.A.C.

hAmIlTON EAST $949,9001087 Beach Boulevard

TRENDY BEACH BLVD – Spectacular & luxurious bestdescribes this awesome beauty! Executive free holdtownhome on waterfront trail with top quality finishesthrough-out, quartz, marble, porcelain, crown moulding, andoversized terraces, steps away to downtown Burlington &quick access to QEW

$3,794 per/mth P&I / O.A.C.

WATERFRONT

hAmIlTON $284,90078 Lorraine Drive

GREAT MOUNTAIN LOCATION! This 3 bedrm, 2 bathrmbungalow is great for potential rental income. Interlockdriveway and walkway w/great landscaping, fully finishedbasement w/side entrance including gas fireplace, full eat inkitch connecting to fabulous 4 season sun rm & hardwd flrsthroughout.

$1,098 per/mth P&I / O.A.C.

STONEY CREEK $649,90028 South Meadow Crescent

LAVISH FROM TOP TO BOTTOM! Custom built, eleganthome boasts pride of ownership throughout. This 2 storeyhome sits on 54x145 ft lot and features family size kitchenw/granite counters & butler pantry, showcase fireplace infamily rm. Stamped concrete drive & patio w/oversized dblgarage.

$2596 per/mth P&I / O.A.C.

hAmIlTON $199,900113 Cameron Avenue North

PRIME HAMILTON EAST LOCATION!!Hamilton`s newest hot location, used as two family, somerecent updates furnace/C/A 2012, shingles, baths 2006. Rearthree car parking with easy access from street. Twobedrooms on main floor & one bedroom with living room(vacant) were getting 750.00/month w/utilities included.

$798 per/mth P&I / O.A.C.

STONEY CREEK $194,500511 #8 Highway, Unit #208

GORGEOUS 2 bedrm terrace condo in prime Stoney Creekneighbourhood. The balcony can be accessed from bothmain floor & master bedroom. Hardwood floors in livingroom, bedroom level laundry, eat-in kitchen, well located ina small 21 unit complex. Close to Hwy access, bus, school,parks and all amenities. All appliances included.

$777 per/mth P&I / O.A.C.

hAmIlTON $254,900187 Sanford Avenue North

GREAT INVESTMENT OPPORTUNITY! Currently set upas a 3 unit home. Updates include furnace, water heater, androof (2011). Potential rental income: Basement unit $750,Main unit $950, Upper unit $1200.

$1018 per/mth P&I / O.A.C.

buRlINgTON $1,799,9996195 Milburough Line

CLASSIC GEORGIAN COLONIAL MANOR withpicturesque tree-lined private driveway. Featuring gleaminghardwd, entertainers kitchen, stunning great room with 14 ftceiling, and custom millwork and trim thru-out. Upstairsyou will find 4 spacious bedrms all featuring their ownensuite, as well as bedroom level laundry.

$7,189 per/mth P&I / O.A.C.

hAmIlTON wEST $479,90025 Cline Avenue North

Beautiful 3+1 bedroom home in Westdale! Customkitch/granite counters/refinished hardwood floors,landscaped yard, interlocking patio. Furnace, C/A & HWTin 2010, updated plumbing stack, sewer line relined, sprayfoam insulated in back rm crawl space, completely re-wiredto code 2010, new roof 2013.

$1,917 per/mth P&I / O.A.C.

buRlINgTON $589,9003191 Renton Road

FANTASTIC NEIGHBOURHOOD! Updated 3 BR homein Headon Forest area! Open concept LR/family rm, eat-inkitch, master w/ensuite & walk in closet. Priv. fenced inyard w/new patio. Upgrades: new hardwd & tilingthroughout, new windows, new furnace, new C/A, newwater heater. Roof replaced in 2009.

$2356 per/mth P&I / O.A.C.

STONEY CREEK $449,90045 Bellagio Avenue

3 bedrm 1 year old home with a ton of builder’s upgrades.Stunning kitchen, engineered hardwd & upgraded ceramics.Loft area features a bright skylight. Home is across frompark & close to shopping, schools & highway access

$1,797 per/mth P&I / O.A.C.

Page 4: Nov 3, 2014 Issue 105

Call Today 905-945-0188

Page 4 The Golfi Team Real Estate Market Watch November 3, 2014

MUST SELL• Estate Sales• Bank Foreclosures• Company-Owned Properties• Distress Sales

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Bungalows & Raised Ranches Two Storeys • Semis & Town Homes

How to Sella Home ThatDidn’t SellHAMILTON/NIAGARA – If your home has justcome off the market and hasn’t sold, don’t be dis-couraged. The reason your home did not sell mayhave nothing to do with your home or the market.In reality, your home may have been one of themost desirable properties for sale.So Why Didn’t Your Home Sell?

Last year almost half of the homes listed for salenever sold at all, and many sellers found that therewas a tremendous amount a homeowner needed tobe educated on to sell their home for top dollar inthe shortest time period.

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Industry experts have prepared a free specialreport called “How to Sell a House that Didn’t Sell”which educates you on the issues involved.

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HAMILTON - According toindustry experts, there areover 33 physical problemsthat will come under scrutinyduring a home inspectionwhen your home is for sale.A new report has been pre-pared which identifies theeleven most common ofthese problems, and whatyou should know about thembefore you list your home forsale.

Whether you own an oldhome or a brand new one,there are a number of thingsthat can fall short of require-ments during a home inspec-tion. If not dealt with, any ofthese 11 items could cost youdearly in terms of repair.That’s why it’s critical thatyou read this report beforeyou list your home. If youwait until the building inspec-tor flags these issues for you,

you will almost certainlyexperience costly delays inthe close of your home saleor, worse, turn prospectivebuyers away altogether.

In most cases, you canmake a reasonable pre-inspection yourself if youknow what you’re lookingfor, and knowing what you’relooking for can help you pre-vent little problems fromgrowing into costly and

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27 Quick &Easy Fix Ups toSell Your HomeFast and forTop DollarHAMILTON/NIAGARA – Because your

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ing it is probably one of the most impor-

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To assist homesellers, a new industry

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How to order your free copy of this

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11 Critical Home Inspection Traps To Be

Aware Before Listing Your Home For Sale

HamILTOn EaST

Bungalows/Raised Ranches

Starting at $119,900

31 available

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Starting at $154,900

15 available

Semis & TownHomes

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HamILTOn mTn

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18 available

Page 5: Nov 3, 2014 Issue 105

Call Today 905-945-0188

November 3, 2014 The Golfi Team Real Estate Market Watch Page 5

www.golfiteam.com

Grimsby, Lincoln West Lincoln & Niagara

bEAmSVIllE $399,900Academy Street

RM2 ZONING – ¾ acre land site centrally locateddowntown area, permitted uses apartment dwelling,boarding or lodging dwelling, home for the aged, nursinghome, group home, private home daycare. Call for details onpermitted uses.

$1,597 per/mth P&I / O.A.C.

bEAmSVIllE $989,900P/L#23 Durham Road

ZONED LIGHT INDUSTRIAL AND COMMERCIAL with5.5 acres and 602 feet of frontage on Durham Rd.

$3,954 per/mth P&I / O.A.C.

FORT ERIE $799,9003723 Niagara River Parkway

BREATHTAKING VIEWS ON 2 ACRES! 4+1 BR homefeatures Oak hardwds, main flr master suite, irrigationsprinkler system, aerobic septic bed, backup gas generator,furnace 6yrs, roof 3yrs, gardeners greenhouse & a nicelylandscaped yard! Docking rights available!

$3,194 per/mth P&I / O.A.C.

BUilDiNG lOT5.5 AcREs

ST. CAThARINES $252,90015 Lakeside Drive, Unit 39

3 BEDROOM TOWNHOUSe with amazing views of thelake! Resort style living. Large eat in kitchen, living roomwith corner gas fireplace, updated flooring, freshly painted.In-ground pool, large courtyard, private deck off patiodoors, lower level finished.

$1,010 per/mth P&I / O.A.C.

FORT ERIE $849,9001645 Niagara Parkway

CUSTOM BUILT HOME facing the Niagara River, fourlarge bedrooms, plus finished attic with roughed in bath fora fifth bedroom. Solid oak doors and trim throughout.Unspoiled basement with walkout. New C/A, Furnace ‘01.Roof ‘05. Does not disappoint!

$3,395 per/mth P&I / O.A.C.

WATERFRONT

PElhAm $699,900571 Poth Street

5 ACRE PROPERTY w/ large 4 bedrm home & barn w/stalls. Home feat liv/rm, dinrm, eat-in maple kitchen, mainflr master suite & fin bsemnt. Outdoor feat large pond, barnw/ 5 stalls, run in shed, 2 paddocks & exercise ring

$2,795 per/mth P&I / O.A.C.

gRImSbY $479,900180 Main Street West

2 STOREY WITH IN-LAW. 4+2 bedrm, 3 full baths, 2 halfbaths, new kitchen, furnace & a/c, roof & back deck. Mainfloor home office, den & separate dining rm. In-law hasseparate entrance & driveway.

$1,917 per/mth P&I / O.A.C.

gRImSbY $899,9001 11th Street

BIGGER THAN IT LOOKS! 2200 sq ft completely rebuiltWaterfront retreat w/180-degree views of Lake feat. 3bedrms & 2 baths in a . Large master suite w/ensuite, twomain floor bedrms, 3pc powder rm, two-level living area,spacious dining rm, & over sized chefs gourmet kitch. Turnthe key & leave w/this zero maintenance freehold property!

$3,591 per/mth P&I / O.A.C.

WATERFRONT WATERFRONT

Docking Rights Available!

wAINFlEET $389,90040830 Forks Road

2.8 ACRES OF COUNTRY LIVING with pond. Updated 2storey country charmer. This home has it all, 4 bedroom, 2full baths, large eat-in kitchen, main floor office, laundryand mudroom. Outside features a lovely wrap-around porchand 4 car garage.

$1,557 per/mth P&I / O.A.C.

2.8 AcREs

bEAmSVIllE $159,9002 Meadowood Lane

BUILDING LOT RARE FIND - Fantastic opportunity tobuild your dream home on this 50.00 x 108.00 ft lot! Sewerand water to lot line. Buyer pays town, regional charges andpark dedication plus building permit.. Subject to severancein progress.

$639 per/mth P&I / O.A.C.

5 AcREs

bEAmSVIllE $99,9004946 Maple Avenue

VACANT COMMERCIAL LOT 40x140 ft. located walkingdistance to downtown Beamsville and QEW. Services are onthe road. Call Rob Golfi today at 905-945-0188 for a privateviewing. Thank you for visiting my website and I lookforward to hearing from you

$399 per/mth P&I / O.A.C.

gRImSbY $955,000143 Lake Street

FABULOUS FIND – Exclusive listing to the Golfi Team.Beautiful Waterfront lot sitting on 140 x 183 ft. lot onprivate cul-de-sac, build your dream home on the shores oflake Ontario, services include sewers, water and gas to lotline.

$3,814 per/mth P&I / O.A.C.

WATERFRONTVAcANT cOmmERciAl lOT

gRImSbY $279,9009 Lakeview Avenue

Great location offering detached 2 bedroom bungalow withdetached single car garage. This home offers finishedbasement, separate dining room, large living room, greatlandscaped yard with deck and gazebos. Furnace and centralair 2013, roof in 2013.

$1,118 per/mth P&I / O.A.C.

gRImSbY $243,90091 Livingston Avenue, Unit #1

End unit townhouse features family room w/ gas fireplace &sliding doors to balcony, oversized kitchen, generous sizebedrooms, freshly painted. Recent updates incl. kitchen w/backsplash, new flooring in the kitchen, dining room &bedroom level.

$974 per/mth P&I / O.A.C.

VINElAND $399,7003869 Victoria Avenue

Turn of the century home w/ beautiful trim, crown mould,rich hardwoods, French doors, character front porch.Granite kitchen counter, added on fmily room w/ kitchenette& office. Carriage house perfect for the live/workenvironment

$1,596 per/mth P&I / O.A.C.

bEAmSVIllE $324,9005082 Charles Street

3+1 renovated home in great neighbourhood. Updatesinclude kitchen with granite counters & ceramic floors,baths, refinished hardwood flooring, windows, carportconverted to garage. In-law potential or additional familyliving space in the basement.

$1298 per/mth P&I / O.A.C.

ST. CAThARINES $379,90047 Lakeside Drive

Beautiful lakefront property! Double car garage with 1bedroom apartment, in-ground pool (as is) and garden.Landscaped yard leads to beach. Buyer to do “duediligence” with building permits, zoning, site influences,conservation authority and property restrictions. Municipalservices available at the road. Taxes “not set”.

$1,517 per/mth P&I / O.A.C.

WATERFRONT

Due Diligence Required

bEAmSVIllE $209,9004340 Central Avenue

WHAT A DOLL HOUSE! Clean & beautifully kept homein fantastic condition features shingles 6 years new, allthermal vinyl windows, gorgeous hardwd flrs under allbroadlm, long concrete drive w/fenced yard & personalgreenhouse backing onto church park, & close to allamenities. Shows like a dream!

$838 per/mth P&I / O.A.C.

bEAmSVIllE $159,9001 Meadowood Lane

BUILDING LOT RARE FIND - Fantastic opportunity tobuild your dream home on this 57.00 x 108.00 ft lot! Sewerand water to lot line. Buyer pays town, regional charges andpark dedication plus building permit. Subject to severance inprogress.

$639 per/mth P&I / O.A.C.

ST. CAThARINES $172,90063 Canterbury Drive

OPPORTUNITY HAS KNOCKED!! 4 level back split with3 or 4 bedrooms. Walkout to beautiful backyard. Shows verynice, many updates & quick closing available. Walk to park,quiet street. .

$691 per/mth P&I / O.A.C.

Rob Golfi*

Page 6: Nov 3, 2014 Issue 105

You probably never thought of thisand it certainly doesn’t happenvery often, but when it does it

definitely causes havoc. Let’s take the case of Jim and Wendy.

Wendy’s parents never really liked Jim.He was a truck driver and stopped inmost evenings at a late night diner whereWendy worked while she was puttingherself through school.

One thing led to another and Cynthiaarrived in nine months. Jim was a longdistance trucker. He said he would doright by the child, and married Wendy.Her parents allowed the couple to stay ina small house that they purchased when

they were first married. So, they turnedout the tenants and Wendy, Jim andCynthia all lived in the house.

The only problem was that he wasnever home, he never put any moneytowards the household expenses andeventually Wendy and Jim obtained adivorce. Yes, they made a little mistake.The house had been registered in thenames of both Wendy and Jim. Not hav-ing any money to buy out his interest,Wendy went to her parents. They came tothe rescue and bought out Jim’s interestin the property.

Some time went by, Jim never paidany child support, he never came to visit

and after a period of time, they lost touchwith him.

Wendy’s father passed away and lefthis estate to Victoria (Wendy’s mother).One day tragedy struck! Victoria, Wendyand Cynthia went on a family vacation.They were involved in a car accident.Both adults were pronounced dead at thescene. Cynthia, because she was in a carseat survived but did not make it to thehospital.

So, what happens to all the money?Wendy’s parents had Wills. They includ-ed survivorship provisions. In otherwords if the husband and wife were in acommon disaster, the survivor had to livefor at least 30 days before they wouldinherit the estate. This was initiallyintended to avoid double taxation ofestates.

However, Victoria’s Will did notinclude this provision in respect to otherbeneficiaries, only her late husband.

Wendy, always intended to make aWill, but never really got around to it.

You need to know some of the legalrules that will apply: • The younger is deemed to survive the

elder

• The insured (under a life policy) isdeemed to survive the beneficiary

• The laws of intestate succession willapply if there is no Will

I should point out that the first tworules only apply in the case of uncertain-ty. In this case, the some of the facts areclear; Wendy and Victoria were both sur-

vived by Cynthia, even if it was for onlya few minutes.

Victoria’s estate went to Wendy.There was no common disaster clause.Her life insurance although madepayable to Wendy as her beneficiaryinstead went to her estate. However, thatwas Wendy again. They just had to payprobate fees on the life insurance pro-ceeds.

Wendy’s estate went to her daughterCynthia. This included all the moneyfrom Victoria’s estate.

Now, what happens to Cynthia’sestate. Well, she didn’t have a Will, shewas only 5 years old. All her money wentto her parents equally (or the survivor ofthem). So, Jim was entitled to every-body’s money!

This is not a good result. Wendy’s par-ents came to despise Jim. He was the lastperson on earth that they would ever givemoney to. They hadn’t seen him in over4 years. Wendy didn’t care for him either,and particularly the fact that he neveronce called to see how Cynthia was.Again, he was the last person on earththat she would leave her money to.

Wendy thought that since she wasdivorced from Jim, he was gone forever.No, not really, once married they wereinextricably intertwined forever. So, theimmortal words “til death do us part”applie d in this case.

By Brian Madigan LL.B., Realtor is an author and

commentator on real estate matters

Call Today 905-575-7700

Page 6 The Golfi Team Real Estate Market Watch November 3, 2014

Bruna Da Ponte905-512-0387

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Mike Fast289-241-7606

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Page 7: Nov 3, 2014 Issue 105

www.GolfiTeam.com

Crossword puzzle

Across1 Time period (6)4 Honorary title (6)8 Religious decree issued by a

muslim leader (5)9 Rifle — nice bra (anag) (7)10 Official inquiring into deaths not

by natural causes (7)11 Opening through which liquid

can flow (5)12 Degenerate (9)17 Fish with a large net (5)19 Larva of a frog (7)21 Intellectual (7)22 Weapon (5)23 Havoc (6)24 Graceful (6)

Down1 Vandalise (6)2 provided for (7)3 Bleed (5)5 East anglian city (7)6 Cooking device (5)7 XX (6)9 Containing errors (9)13 Live bee (anag) (7)14 Jurisdiction of a bishop (7)15 Watercourse (6)16 Sell down the river (6)18 Cross (5)20 Dancing venue (5)

The Solution

4 2 1

8 9 7

5 2 1

6 1 7

4 3 8 2

8 3 9

2 68

8 1 4

9 5 2

SUDOKUSUDOKU

634928 571

189672 453

572834 196

361597 248

947315 862

825461 739

713246 985

256789 31

498153 627

4

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.

(Solution on Page 7)

November 3, 2014 The Golfi Team Real Estate Market Watch Page 7

City dwellers driving Canada’s real estate market

Homeowners who choose the con-venience of city life over the moregenerous living space in suburbia

are driving Canada’s real estate market,according to a new report jointly pro-duced by consultancy PricewaterhouseCoopers and the non-profit Urban LandInstitute.

The annual outlook on emerging realestate trends says the move downtown,which has emerged in the past few years,will continue as more Canadians decideto stay in or move back to urban cores.

Much of this is due to changing demo-graphics as young families and millenni-als forgo the white picket fence and housein the suburbs to take advantage of down-town living, where properties are smallerbut offer more conveniences, said the112-page report released recently.

According to Statistics Canada, themost recent numbers available show thatthe population of urban centres grew 7.1per cent between 2006 and 2011.

Frank Magliocco, Canadian real estateleader at PricewaterhouseCoopers, saidthere are a number of factors behind theurban growth, including that Canadiansare more aware of the environmentalcosts associated with urban sprawl aswell as the cost in time and money oflengthy commutes.

As well, provincial land use regula-tions that protect green spaces – forexample Toronto’s Greenbelt involving

about 800,000 hectares of protected landfrom Peterborough, Ont., to NiagaraFalls, Ont. – have made it more difficultto find land to develop and has pushed anexplosion of condominium growth inmajor cities.

But one of the concerns is what willhappen to these urban properties once theyounger generation grows out of them.

“This continuing urbanization trendhas fuelled the condo boom in Torontoand other cities, but some question whatwill happen as the lifestyles of today’syoung urban singles and couples change.Will they move out of the city core insearch of larger homes, schools and serv-ices, or will they – like their counterpartsin other parts of the world – simply adaptto smaller living spaces?” the report asks.

Magliocco said Canadian cities willeither go the way of New York, wherefamilies are willing to sacrifice space tolive in the city, or the way of London,where families are used to living outsidethe city and commuting downtown forwork.

The rapidly growing condo markets incities such as Toronto and Vancouverhave also raised concerns about an over-supply of units and whether the boom isoverly weighted towards wealthy, foreigninvestors who lease the units to others.

Meanwhile, an expected rise next yearin interest rates from historically low lev-els may also influence demand in the

housing market.However, among the 1,400 people

interviewed and surveyed for the report,which included private property investorsand developers, commercial developersand real estate service firms, the consen-sus was that the Canadian market isstrong enough to weather a bump in mort-gage rates.

“The improvement in the U.S. econo-my indicates that higher rates could becoming, but the economic stability inCanada and the United States will contin-ue to attract foreign capital,” said thereport. “In addition, retiring babyboomers are likely to flood the marketwith private capital as they look to turnstock options and retirement packagesinto stable, income-generating assets.”

Overall, the report sees developersresponding to the needs of downtowndwellers by building more mixed-usedproperties, which include residential andretail space.

“Looking ahead, we can expect to seemore and more retail and services along thestreets of Canada’s city cores and alongmajor transit arteries, especially where newdevelopments predominate. Major brandsare likely to move into these new spaces,too – though with new formats and smallerfootprints,” said the report.

The report also noted that Calgary,Edmonton and Vancouver, will see themost residential growth in 2015, a trend

that has been helped by more jobs becom-ing available in the West than in CentralCanada, while Calgary and the GreaterToronto Area will hold the most potentialfor retail growth.

By LINDA NGUYEN Linda Nguyen, Toronto, The Canadian Press

Crossword Solution

Page 8: Nov 3, 2014 Issue 105

Rentals

www.GolfiTeam.com

Page 8 The Golfi Team Real Estate Market Watch November 3, 2014

hAmIlTON $1,400/mTh328 Woodward Avenue

UPDATED 3 BR BUNGALOW! Open concept kitchlooking into LR & master BR at the back of house. 2 parkingspots avail. Close to bus stop, access to the Red Hill &QEW. Available for immed. possession. Credit Check,references & letter of employment req’d. Tenant to havecontents & liability insurance.

hAmIlTON $4,400/mTh1083 Beach Boulevard

TRENDY BEACH BLVD – Spectacular & luxurious bestdescribes this awesome beauty! Executive free holdtownhome on waterfront trail with top quality finishesthrough-out, quartz, marble, porcelain, crown moulding, andoversized terraces, steps away to downtown Burlington &quick access to QEW. Tenant to have contents and liabilityinsurance.

FOR lEAsEFOR lEAsE

STONEY CREEK $1,850/mTh33 Montreal Circle

Beautiful home on corner lot w/views of Lake Ontario! 4BRs, 3.5 baths, fully finished basement, gas FP in living rm,oak staircase & seconds from QEW. Credit Check,references & letter of employment req’d. Tenant to havecontents & liability insurance.

FOR lEAsE

STONEY CREEK $1,800/mTh43 Riviera Ridge

FOR LEASE! Large 1.5 storey home finished top to bottom.Main floor bdrm w/ensuite, updated kitch, vaulted ceilings& gas fireplce in living rm. Fully finished bsmnt, fencedyard w/lrg deck w/retractable awning. Seconds from QEW.Credit Check, references & letter of employment required.Tenant to have contents & liability insurance.

FOR lEAsE

FlAmbOROugh $1,675/mTh40 Woodhill Road

NICELY RENOVATED. Updated kitchen with quartzcounter top, hardwood floors, main floor laundry andbathroom, beautiful yard and hot tub. Big house, bigproperty. All new appliances. Minutes to Dundas. 1-4 yearlease, rental app, credit check and notice of assessmentneeded.

lEAsED

SHarOn

StaFFOrD

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MarCELISSEn

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PInI, B.a. 

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nICHOLSOn

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Dan 

GOLFI

JEnnIFEr

DraHO

PEnnY 

CIarDELLI

Hank

BaLFOOrtJEFF 

GOLFI

Not intended to solicit buyers & sellers currently under contract with a brokerage.

In 2013, Rob and his team were #1 for transaction sales in

Hamilton, Burlingtonand surrounding areas!**

Call US today to get your home SOLD!

905.575.7700

YOURHOME

GUARANTEED*OR WE BUY IT

*Certain conditions applySOLD

Rob GolfiSales Representative

hAmIlTON $1,450/mTh105 Vennio Lane

Beautiful all brick 2 storey semi-detached home for lease. 3bedroom, 2½ bath & fully finished basement. Masterbedroom with ensuite. Close to Redhill and all amenities.Credit Check, references & letter of employment required.Tenant to have contents and liability insurance.

FOR lEAsE

gRImSbY $1,500/mTh541 Winston Road, Unit #16

Beautiful 2 storey townhome for lease. 3 bedrm, 2.5 bath,hardwd flooring & ceramics, 9’ ceilings, berber carpetupstairs. Quick access to QEW. 1st & last month’s rent,credit check, references & letter of employment req’d.Tenant is to have contents & liability insurance.

FOR lEAsE

gRImSbY $1,500/mTh8 Lakelawn Road, Unit #51

New 2 storey town home for lease! 3 bedroom, 2 ½ bath, allappliances included. Upgraded kitchen, carpets and oak staircase. Seconds from QEW. Tenant pays utilities. 1st and lastmonth’s rent, credit check, references and letter ofemployment required. Tenant is to have contents andliability insurance.

FOR lEAsE

Rob Golfi*

** Real Estate stats from RE Datum stats

Page 9: Nov 3, 2014 Issue 105

L U X U R Y P A T I O H E A T E R S

Call Today 905-575-7700

November 3, 2014 The Golfi Team Real Estate Market Watch Page 9

Luxury Homes & Waterfront Properties

gRImSbY $955,000143 Lake Street

FABULOUS FIND – Exclusive listing to the Golfi Team.Beautiful Waterfront lot sitting on 140 x 183 ft. lot onprivate cul-de-sac, build your dream home on the shores oflake Ontario, services include sewers, water and gas to lotline.

$3,814 per/mth P&I / O.A.C.

WATERFRONT

STONEY CREEK $1,769,9009 Lochside Drive

ONE ACRE WATERFRONT ESTATE – features Luxury4400 sq.ft. custom built bungalow with a private rare beachfrontage and riparian rights, finished top to bottom with in-law suite, 9’ ceilings, 3 tier patio off sun-room, loft to rooftop patio, main floor den, and floor to ceiling windows.Shows like a dream!

$7,069 per/mth P&I / O.A.C.

WATERFRONT

STONEY CREEK $737,00037 Edgewater Drive

FANTASTIC LAKE VIEW This beautiful Waterfront 4+1bedroom home makes you feel like you are away fromhome! Main floor offers open concept with sliding doors tothe patio. Have your morning coffee on the patio and sitback and enjoy the sound of the water! 2 master bedroomswith ensuites.

$2,944 per/mth P&I / O.A.C.

WATERFRONT

FORT ERIE $849,9001645 Niagara Parkway

CUSTOM BUILT HOME facing the Niagara River, fourlarge bedrooms, plus finished attic with roughed in bath fora fifth bedroom. Solid oak doors and trim throughout.Unspoiled basement with walkout. New C/A, Furnace ‘01.Roof ‘05. Does not disappoint!

$3,395 per/mth P&I / O.A.C.

WATERFRONT

FORT ERIE $799,9003723 Niagara River Parkway

BREATHTAKING VIEWS on 2 acres! 4+1 bdrm homefeatures Oak hardwds, main flr master suite, irrigationsprinkler system, aerobic septic bed, backup gas generator,furnace 6yrs, new, roof 3yrs, gardeners greenhouse & anicely landscaped yard! Docking rights available!

$3,194 per/mth P&I / O.A.C.

WATERFRONT

Docking Rights Available!

gRImSbY $899,9001 11th Street

BIGGER THAN IT LOOKS! 2200 sq ft completely rebuiltWaterfront retreat w/180-degree views of Lake feat. 3bedrms & 2 baths in a . Large master suite w/ensuite, twomain floor bedrms, 3pc powder rm, two-level living area,spacious dining rm, & over sized chefs gourmet kitch. Turnthe key & leave w/this zero maintenance freehold property!

$3,591 per/mth P&I / O.A.C.

WATERFRONT

STONEY CREEK $774,900 63 Edgewater Drive

STUNNING VIEW OF THE LAKE! This beautifulWaterfront 4+1 bedroom home makes you feel like you areaway from home! Main floor offers open concept withsliding doors to the patio. Have your morning coffee on thepatio and sit back and enjoy the sound of the water! 2 masterbedrooms with ensuites.

$3,095 per/mth P&I / O.A.C.

WATERFRONT

gRImSbY $959,900342 Kemp Road West

CUSTOM BUILT home on 37 acres. Features nanny'squarters or 2 bedroom in-law suite, 2 fireplaces, gourmetkitchen, ceramics, vaulted ceilings, in-ground pool, 3 cargar. Barn w/13 stalls, 4 paddocks & a 60x140 arena. Minutesfrom town!

$3,834 per/mth P&I / O.A.C.

37 AcREs

hAmIlTON EAST $949,9001087 Beach Boulevard

TRENDY BEACH BLVD – Spectacular & luxurious bestdescribes this awesome beauty! Executive free holdtownhome on waterfront trail with top quality finishesthrough-out, quartz, marble, porcelain, crown moulding, andoversized terraces, steps away to downtown Burlington &quick access to QEW

$3,794 per/mth P&I / O.A.C.

WATERFRONT

buRlINgTON $1,799,9996195 Milburough Line

CLASSIC GEORGIAN COLONIAL MANOR withpicturesque tree-lined private driveway. Featuring gleaminghardwood, entertainers kitchen, stunning great room with 14ft ceiling, and custom millwork and trim thru-out. Upstairsyou will find 4 spacious bedrms all featuring their ownensuite, as well as bedroom level laundry.

$7,189 per/mth P&I / O.A.C.

#STAY WARM@IR_PatioHeaterswww.irenenergy.ca

Lest We Forget

Sincere condolences to thefamily and loved ones of

Cpl. Nathan Cirillo

– the Rob Golfi team

the torch be yoursto hold it high...

L U XURY

PAT I O H EAT E R S

ST. CAThARINES $379,90047 Lakeside Drive

Beautiful lakefront property! Double car garage with 1bedroom apartment, in-ground pool (as is) and garden.Landscaped yard leads to beach. Buyer to do “duediligence” with building permits, zoning, site influences,conservation authority and property restrictions. Municipalservices available at the road. Taxes “not set”.

$1,517 per/mth P&I / O.A.C.

WATERFRONT

Due Diligence Required

PElhAm $699,900571 Poth Street

5 ACRE PROPERTY w/ large 4 bedrm home & barn w/stalls. Home feat liv/rm, dinrm, eat-in maple kitchen, mainflr master suite & fin bsemnt. Outdoor feat large pond, barnw/ 5 stalls, run in shed, 2 paddocks & exercise ring

$2,795 per/mth P&I / O.A.C.

5 AcREs

Rob Golfi*

Page 10: Nov 3, 2014 Issue 105

www.GolfiTeam.com

MarketplaceMarketplace

Pamela Culp Blanchard Cell: 905-971-9568 www.seniordownsizing.ca

Senior Downsizing

WE GUIDE YOU THROUGH THE ENTIRE PROCESS

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8 Main Street East, Suite 303Hamilton, Ontario L8N 1E8Bus: 905-527-0808Fax: 905-527-0774

20 Main Street WestGrimsby, Ontario L3M 1R4

Bus: 289-235-7500Fax: 905-527-0774

Real Estate lawyer

[email protected]

Advertise HereFor information on advertising in the

market watch, contact

Rose Magroemail: [email protected]

cell: 905-745-0122

provides “Peace

of Mind”

Page 10 The Golfi Team Real Estate Market Watch November 3, 2014

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Page 11: Nov 3, 2014 Issue 105
Page 12: Nov 3, 2014 Issue 105

www.GolfiTeam.com

Grimsby Branch155 Main St. E. | 905-945-2930

Beamsville Branch4520 Ontario St. | 905-563-0822

Vineland Branch3370 King St. | 905-562-7373

Ancaster Branch1100 Wilson Street West | 905-304-6838

Centre on Barton Branch1187 Barton Street East | 905-547-6202

Rymal Road Branch2176 Rymal Road East | 905-692-3597

Hamilton Commercial & Small Business Banking Centre2 King Street West | 905-528-6391

Binbrook Marketplace Branch2537 Regional Road 56 | 905-692-8359

Jackson Square Branch2 King Street West | 905-528-6391

Stoney Creek Branch(Opening Fall 2014)259 Queenston Road