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OMG breaking the lease

OMG! We need to break our lease!

Contracts come in all shapes and sizes. There are standard contracts but chances are that landlords will have you sign a contract that works for them. That’s why the housing office wants you to take your lease contract to them, they will tell you if a contract is not [quite] legal and you can ask any questions you might have in regards to the contract.

Length of lease. Some contracts offer a month to months lease and others are 6 or 12 months. A month to month contract can be easy for both parties. If you decide to get out you only have to give a 30 day notice requirement,but your landlord can do the same. He can basically end your contract witha 30 day notice. In contrast, a 6 or 12 months contract can possibly hold you liable for cost, if you break the lease and move out early (without orders- see Military Clause below). [Read more...]

AHRN.com Goes Mobile – Finally

When I talk to other spouses about renting a home most of them recommend AHRN.com a government run Real Estate referral website or military members.

This website has become one of the major resource for renting/buying or selling homes of military members. It’s free, it’s fairly user friendly (yes , I would like to see some changes but compared to other military websites: Kudos to the developers), it has a high visibility among other military members, which helps when you are trying to solve your housing issues. [Read more...]

Buying a house: Before you sign.

Home InspectionYou just closed on your new house. All of a sudden you notice that XXX does not work. Unfortunately, once you have signed the paperwork the house is yours and so – in most cases- is any problem that comes with it. How do you avoid this situation?


1. Make sure a home inspector inspects your house. Unfortunately, like in other areas of life, not all home inspectors are created equally. Here are some tips on how to pick a good one. It seems redundant to mention this but I have heard of , particularly, first time home buyers not having been advised to consult a home inspector.

2. Be there when the home inspector goes through your house. You will learn where your air filters are in your house, fuse boxes and more. Most home inspectors will tell you while they work what they are looking for.

3. Take notes if necessary.

4. Make sure you know your “Inspection Objection Deadline”. While as a home buyer you really don’t want to have to deal with the small stuff – the real estate agent should do this. However, it is important to be proactive. In the contract there should be a list(depending on your state) of deadlines that need to be observed in order to make this purchase happen. This list is particularly important if you have a real estate agent who is not on top of his game.
Once you receive the inspection report know the changes that need to be made according to your inspection report and your notes. Point them out to your real estate agent, who will then in turn relay the requirements to the “other side”. They will counter with if or what they are willing to repair.

5. It is a good idea to ask  your home inspector if he would be willing to come to your house again to see if all the necessary and agreed upon repairs have been made.

6. Last but not least: Do a thorough walk through the day of your closing. If your closing is first thing in the morning -maybe at 9 am – be at ‘your’ house early and test EVERYTHING. Water pressure,drains, all outlets,toilets, lights, microwaves, A/C and so on. If something is not working, bring it up at the closing. All parties will be there and there is a great interest to complete this actions. Don’t think that there is nothing you can do! You could agree on an allowance to fix an item that doesn’t work, or you agree (in writing) on a certain issue to be fixed after closing. Whatever happens…once you signed the house is yours.  In special cases you still have the ability to fall back on the seller but those cases are generally rare. So buyer beware ….and smart.

If you are considering to get a contractor you might be interested reading 25 things to consider or  maybe you’ll want to know what to ask a contractor?

 

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25 Points When You Hire A Contractor

home improvementMy hubby was on deployment and the house needed to be readied for our next PCS. I couldn’t just wait! I had to take matters into my own hands and get a contractor to get a few things done around the house that I could not do by myself. I had decided on a contractor, now what?

Getting a Written Contract

A contract will bind the contractor to what he agrees to do (who, what, where, when and cost) and you agree to pay him for it once the work is done in a timely and professional manner. Surely, then you don’t have a problem paying either.Make sure that this is mentioned in your contract:

  1. The contractor’s name, address, phone, and license number, if required.

  2. Project description and price

  3. An estimated start and completion date.

  4. The contractor’s obligation to obtain all necessary permits. A note on permits: Many types of home improvement projects need a permit, if you contractor says you do not need a permit, double check!

  5. How change orders will be handled. A change order — common on most remodeling jobs — is a written authorization to the contractor to make a change or addition to the work described in the original contract. It could affect the project’s cost and schedule. Remodelers often require payment for change orders before work begins.

  6. A detailed list of all materials including color, model, size, brand name, and product.

  7. Warranties covering materials and workmanship. The names and addresses of the parties honoring the warranties — contractor, distributor or manufacturer — must be identified. The length of the warranty period and any limitations also should be spelled out.

  8. What the contractor will and will not do. For example, is site clean-up and trash hauling included in the price? Ask for a “broom clause.” It makes the contractor responsible for all clean-up work, including spills and stains.

  9. Oral promises also should be added to the written contract.

  10. A written statement of your right to cancel the contract within three business days if you signed it in your home or at a location other than the seller’s permanent place of business. During the sales transaction, the salesperson (contractor) must give you two copies of a cancellation form (one to keep and one to send back to the company) and a copy of your contract or receipt. The contract or receipt must be dated, show the name and address of the seller, and explain your right to cancel.

  11. Keeping Records

  12. Keep all paperwork related to your project in one place. This includes copies of the contract, change orders and correspondence with your home improvement professionals. Keep a log or journal of all phone calls, conversations and activities. You also might want to take photographs as the job progresses. These records are especially important if you have problems with your project — during or after construction.
    Completing the Job: A Checklist

  13. Before you sign off and make the final payment, use this checklist to make sure the job is complete. Check that:

  14. All work meets the standards spelled out in the contract.

  15. You have written warranties for materials and workmanship.

  16. You have proof that all subcontractors and suppliers have been paid.The job site has been cleaned up and cleared of excess materials, tools and equipment.

  17. You have inspected and approved the completed work.

  18. Where to Complain

  19. If you have a problem with your home improvement project, first try to resolve it with the contractor. Many disputes can be resolved at this level. Follow any phone conversations with a letter you send by certified mail. Request a return receipt. That’s your proof that the company received your letter. Keep a copy for your files.

  20. If you can’t get satisfaction, consider contacting the following organizations for further information and help:

  21. State and local consumer protection offices.

  22. Your state or local Builders Association.

  23. Your local Better Business Bureau.

  24. Action line and consumer reporters. Check with your local newspaper, TV, and radio stations for contacts.

  25. Local dispute resolution programs.

For More Information
  • Federal Trade Commission: www.ftc.gov ; National Association of Home Builders: www.nahb.com
To order a free copy of How to Find a Professional Remodeler, send a self-addressed stamped envelope to:
NAHB
Dept. FT
1201 15th Street, NW
Washington, DC 20005
• National Association of Consumer Agency Administrators: www.nacaa.net
P.O. Box 40542
Nashville, Tennessee 37204
Toll Free: 1-866-SAY-NACAA
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

What do you ask your contractor?

how to pick a contractorWhether you want to fix up certain parts of your house so that your home sells quickly, maybe you need some home maintenance done or you just moved into a new house that needs a little TLC – finding a good, dependable and hopefully not over-the-top expensive contractor can be a challenge.

Consider these tips:

Your best bet is a reality check from those in the know: friends, neighbors, or co-workers who have had improvement work done. Get written estimates from several firms. Ask for explanations for price variations. Don’t automatically choose the lowest bidder.

You can also go online and take a look at free sites such as Google or kudzu.com to take a look at contractors’ reviews.

Not all contractors operate within the law. Here are some tip-offs to potential rip-offs. A less than reputable contractor:

  • solicits door-to-door;

  • offers you discounts for finding other customers;

  • just happens to have materials left over from a previous job;

  • only accepts cash payments;

  • asks you to get the required building permits;

  • does not list a business number in the local telephone directory;

  • tells you your job will be a “demonstration;”

  • pressures you for an immediate decision;

  • offers exceptionally long guarantees;

  • asks you to pay for the entire job up-front;

  • suggests that you borrow money from a lender the contractor knows. If you’re not careful, you could lose your home through a home improvement loan scam.

Questions to ask your [future] contractor

  • How long have you been in business? Look for a well-established company and check it out with consumer protection officials. They can tell you if there are unresolved consumer complaints on file. One caveat: No record of complaints against a particular contractor doesn’t necessarily mean no previous consumer problems. It may be that problems exist, but have not yet been reported, or that the contractor is doing business under several different names.

  • Are you licensed and registered with the state? While most states license electrical and plumbing contractors, only 36 states have some type of licensing and registration statutes affecting contractors, remodelers, and/or specialty contractors. The licensing can range from simple registration to a detailed qualification process. Also, the licensing requirements in one locality may be different from the requirements in the rest of the state. Check with your local building department or consumer protection agency to find out about licensing requirements in your area. If your state has licensing laws, ask to see the contractor’s license. Make sure it’s current.

  • How many projects like mine have you completed in the last year? Ask for a list. This will help you determine how familiar the contractor is with your type of project.

  • Will my project require a permit? Most states and localities require permits for building projects, even for simple jobs like decks. A competent contractor will get all the necessary permits before starting work on your project. Be suspicious if the contractor asks you to get the permit(s). It could mean that the contractor is not licensed or registered, as required by your state or locality.

  • May I have a list of references? The contractor should be able to give you the names, addresses, and phone numbers of at least three clients who have projects similar to yours. Ask each how long ago the project was completed and if you can see it. Also, tell the contractor that you’d like to visit jobs in progress.

  • Will you be using subcontractors on this project? If yes, ask to meet them, and make sure they have current insurance coverage and licenses, if required. Also ask them if they were paid on time by this contractor. A “mechanic’s lien” could be placed on your home if your contractor fails to pay the subcontractors and suppliers on your project. That means the subcontractors and suppliers could go to court to force you to sell your home to satisfy their unpaid bills from your project. Protect yourself by asking the contractor, and every subcontractor and supplier, for a lien release or lien waiver.

  • What types of insurance do you carry? Contractors should have personal liability, worker’s compensation, and property damage coverage. Ask for copies of insurance certificates, and make sure they’re current. Avoid doing business with contractors who don’t carry the appropriate insurance. Otherwise, you’ll be held liable for any injuries and damages that occur during the project.

Understanding Your Payment Options

You have several payment options for most home improvement and maintenance and repair projects. For example, you can get your own loan or ask the contractor to arrange financing for larger projects. For smaller projects, you may want to pay by check or credit card. Avoid paying cash. Whatever option you choose, be sure you have a reasonable payment schedule and a fair interest rate. Here are some additional tips:

  • Try to limit your down payment. Some state laws limit the amount of money a contractor can request as a down payment. Contact your state or local consumer agency to find out what the law is in your area. Try to make payments during the project contingent upon completion of a defined amount of work. This way, if the work is not proceeding according to schedule, the payments also are delayed. Don’t make the final payment or sign an affidavit of final release until you are satisfied with the work and know that the subcontractors and suppliers have been paid. Lien laws in your state may allow subcontractors and/or suppliers to file a mechanic’s lien against your home to satisfy their unpaid bills. Contact your local consumer agency for an explanation of lien laws where you live. Some state or local laws limit the amount by which the final bill can exceed the estimate, unless you have approved the increase. Check with your local consumer agency. If you have a problem with merchandise or services that you charged to a credit card, and you have made a good faith effort to work out the problem with the seller, you have the right to withhold from the card issuer payment for the merchandise or services. You can withhold payment up to the amount of credit outstanding for the purchase, plus any finance or related charges.

For More Information: Federal Trade Commission: www.ftc.gov , National Association of Home Builders: www.nahb.com
To order a free copy of How to Find a Professional Remodeler, send a self-addressed stamped envelope to:
NAHB
Dept. FT
1201 15th Street, NW
Washington, DC 20005
• National Association of Consumer Agency Administrators: www.nacaa.net
P.O. Box 40542
Nashville, Tennessee 37204
Toll Free: 1-866-SAY-NACAA
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

The Final Chapter Of Our PCS

last moveSome of you might know that our family relocated from Ft.Lewis, WA to Ft.Carson, CO in August of last year. A turbulent time. My believe is that until all is said and done a relocation takes about 12 months. This time is generally split up between the two duty stations and counts from the time you know you are moving (that is not necessarily the same time frame as when you are getting your actual orders) to the time you are REALLY settled in your new location. A blog post about getting a loan is in the works and will surprise some of you (or not?)

This week we will enter our final part of the relocation: After 6 month in a temporary rental we will close on our house and finally get settled. Even my dear husband felt inspired to add his 2 cents.

Planning to move yourself just down the road (or across town)

When we moved to Colorado we signed a year-long lease to give us time to hunt for the perfect house we wanted to buy (unlike the typical PCSs where you house hunt for a weekend before settling!)  So as we gear up for the big movement of all of our junk from the rental house to the new house, here are a few tips to help with the planning.  We were time-crunched to be out and very anxious to move in to the new place.

1.  Ask about getting access to the new house ahead of time and think about moving some items ahead off time.  Our seller allowed us to put some of our things in the garage.  A bit of a risk since something could go wrong with the closing paperwork and delay the actual signing for the house.  You’ve been warned!  We moved all of the items in the basement and the garage to the new house a few weeks out.  Don’t take over valuables and ask about providing a “Hold Harmless Agreement” to protect the owners from any damage to your stuff.Help Protect Yourself From ID Theft. Get help with LifeLock.

2.  Hopefully you had the foresight to keep some of the boxes from your PCS.  If not, go on craigslist and look or someone trying to get rid of boxes.

2.  Prepacking will go quickly and many items can be shipped in their containers (clothes in dresser drawers, storage boxes) without having to box or pack every item like the movers do.  Keep out sheets, towels and blankets to protect furniture pieces…or rent them from a moving company

3.  Stage items in the garage so that rooms can be cleared out a little ahead for cleaning and you can gauge how much moving capacity you need (pickup loads, rental truck, etc.).

4.  Get the kids involved if they are old enough.  It will take some prodding (as always) but there are many little tasks they can handle (pack their clothes, toys, books, etc.)

5.  Have a plan where the big furniture pieces go so things can flow into the house in a smooth manner.  Walk the ground of the new place as often as possible.

6.  “Open Me First” boxes are still a good idea.

7.  Prioritize projects and items to buy for the new place before you move and then tuck the list away.  Hold off on any big purchases until you are in the new house and see how things come together.  Then make a new list of priorities.  Finally, take out the old list and compare it to the new list.  See what changes.  Again, resist the urge to buy too much before you are in the new place.

Going to leave room for you to add items from your perspective  :-)

Ready to keep a close look on your finances? Take look at mint.com!
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Rental Deposits – Get your money back!

Rental deposits return

If you move into a new home, there are several payments that are required. Some landlords require a first and a last month rent as well as a deposit possibly an extra fee for animals. I am not quite sure how someone can afford THAT. I have only heard about this, I have actually never encountered it. If you do, go ask housing what your rights are as a tenant and then, ask your landlord if there was a way to avoid such a high down payment. For any basic legal search but specifically in regards to rental questions search this website for the “Tenant/Landlord Law” in your state.

Deposits are put in place to protect the landlord against any damage to the apartment/home that you are living in. There is a regular security deposit and if you have pets your landlord might want a pet deposit on top of that. This pet deposit can be refundable or non-refundable and varies in amount. Make sure you know which kind of pet deposit your landlord demands.

A security deposit will be returned to you if you leave the rental property in appropriate condition. Your state may have laws in place about how large of a security deposit can be demanded. Always go to your post/base housing office for any questions.

There are usually lots of disagreements about the return of the deposit. In order to ensure you can prove that any damage caused was purely wear and to have as little problems as possible do this:

  • get a receipt for your deposit. A good landlord should do this anyway.
  • have a thorough move-in inspection, signed, dated by both parties.
  • take photos and document any damage in the home before you move in. Even if this was not done at the beginning of your lease, don’t give up! Do it whenever you remember it. Describe, date any photos or proof you might have, cc your landlord
  • try to be present at the move-out inspection, and again, take photos and document.

When you are moving out

How long do landlords have to return deposits? Landlords can’t take forever to return your deposit or to present a bill and calculations how your deposit was used. Take a look at this chart to find out about the timelines in your state.

Landlords may charge you for cleaning and repairs necessary to have the property ready for the next renter. They are NOT allowed to charge you for ordinary wear and tear. There is a difference between wear and tear and filth.

Small Claims Court

If you suspect that your landlord purposely violated the law then you might be able to recover -depending on the state- up to two or three times the amount of the deposit, plus attorneys’ fees and other damages in Small Claims Court. Your local JAG office will advise you.

Great Resource: www.Nolo.com

Did you know about this real estate agent secret?

Sandy Nelson is a successful Realtor (R) in Olympia, WA serving Joint Base Lewis McChord. In her last video she shared with you how to find the best realtor in town. She had one more secret to share with you: Agent bonuses. An agent bonus is given by the seller to the buyers agent. Should the buyer decide to buy this particular sellers’ home, the buyers’ agent will receive this agent bonus.

As a consumer, I feel that this could put the real estate agent in a bad light. I might think that he only showed a certain home to me, because there was a bonus attached. See how Sandy feels about it and how she handles the agent bonus.

Contact Sandy:
Sandy Nelson Realtor® Olympia Real Estate
with Riley Jackson Real Estate Inc.
E-mail: Sandy Nelson Realtor® Olympia Real Estate (Riley Jackson Real Estate Inc.)
Website http://SandyNelsonRealEstate.com
Office Phone (360) 789-7505
Cell Phone (360) 789-7505

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Find the sales price of your home

sell your house for moreHow you price your home will determine if or how many buyers will come to your home and hopefully place an offer. If the price is too low,  you might give the impression that there is something wrong with your house or that you are desperate, and you will receive lowball offers. If the price is too high, folks are simply not showing up to view your house.

Provided that you have decluttered your home, repaired ANY flaws your home might have, it’s time to find out how to  price your home.

Determine a price point on your own:

To start, you should find out about homes that sold in the past 3 months in your area. There are several websites out there that will help you with this task. Some examples:

  1. Zillow.com
  2. Trulia.com
  3. the website of your local county assessor, find lots of information there.
  4. homes.com

Look at similiar home square footage, number of bedrooms and bathrooms, acreage.

You will also have to look at your competitors, meaning houses that are currently for sale. In a way you’ll want to know the same information, but you will also look at special features each home offers. It will help if you go and visit the “Open Houses” in your neighborhood.  Buyers will comparison-shop and you will need to know what the other houses on the market offer.

Other ways to get a dollar value on your home:

  • You can have a desk appraisal done by a professional appraiser. This means that the appraiser will not visit your home, but rather will pull comparables from closed sales. This is basically the same process as described above, but this time it is done by a professional and will cost you about $60. It could be an advantage being able to show the buyers a piece of paper that shows the value. Not sure how much of an impact this really has on buyers in a buyers-market.
  • Have a formal appraisal completed by a licensed appraiser. The appraiser will come to your home, measure it, inspect it, take pictures and assign an actual market value. The cost of this option is about $300. Don’t be surprised if you see that the buyers’ lender will order an another appraisal that maybe you have to pay for (depending on what your purchase agreement says)
  • Ask a trusted real estate agent to do a free CMA (Comparative Market Analysis) for you. To be fair tell the real estate agent that you are planning on selling the home by owner, he/she then will make the decision whether to do this for you or not. Chances are that real estate agents will do it, because they want the listing eventually.

Once you have calculated your averages, price your home within $5,000 or slightly below. It is very important that you do not overprice! A lot of homeowners offering their house not through a real estate agent, make this mistake. The owners heart is attached to the home and transferred into the sales price! There are only a few ‘fast’ markets in the country, where houses sell within 30-45 days of listing. Most of us live in a slower buyers market, so do expect an average of 90-360 (!)days of listing. If you are in a hurry, you either have to drop the price, give the house to a real estate agent (and then still drop the price) or consider renting it.

Don’t take low offers personally. Maybe you will receive a low offer from a professional real estate investor. This is not necessarily a bad thing, depending on how ‘the deal’ is structured and the financial situation you are in, this might be an option. (Do your homework though! Real Estate investors are NOT into charity!) If you are not in a hurry to sell and you have a little bit of equity (difference of what you owe on the house and what your house sells for) in your home, you might want to hold out for a regular home buyer. Again, don’t be offended when a low bid comes in. Think about the fact that everywhere on TV, buyers are being told that they can get a house for nothing.

I have mentioned before to take your emotions out of the price and the house selling process. Even though, some features of your house are very near and dear to you, they just might not work for someone else.

Put yourself into the buyers shoes -

  • Since we are in a buyers market, buyers will not overpay for anything!
  • Buyers looking for homes that are for sale by owner are looking for a deal. Since they have been shopping they are very much aware of what other properties are out there
  • Buyers know that you are saving your real estate commission and hope that sellers will discount their price by a large part of this commission – also a big mistake By Owner Sellers make and immediately turn off any possible buyers.
  • Buyers are very much aware of how the market changes,therefore you’ll need to be knowledgeable about fluctuations as well. They might subscribe to services like trulia.com that will inform them when the price of their favorite homes change. Of course, as a home seller you can do the same with houses in your area.
  • Be aware of new listings and new sales. All these factors might have an impact on your price.

In other words just keep an eye on the market, don’t overprice and keep your personal feelings out of price calculations.

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Realtor® vs Real Estate Agent

I never really knew that there was a difference between a Realtor® and a real estate agent. I was one of those people that interchanged those terms. Sandy Nelson, a successful Realtor, in Olympia, WA explains what makes a Realtor and the difference to a real estate agent.

You might also be interested in reading about how to find the best Realtor® in town or you might want to know another real estate agent secret.