Skip to main content
home check map image

Search such categories as , , ,

searchPage

, ,

searchPage

, , , ,

searchPage
Featured Articles

Customer Deposits

Illegitimate Revenue Stream for Banks?

Article Thumbnail Small

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Landscape Your Paradise

How to Select a Landscape Designer

Article Thumbnail Small

Both the front and back yards of our house offer a buffer between our home and the outside world. Often, especially in the case of backyards, they may be manipulated into a sanctuary outside, giving us a place to relax and enjoy the outdoors at home. Many weekend warriors find outdoor projects fun and rewarding challenges for their spring through fall months. However, sometimes an idea may be too grand or a space too oddly shaped for us to visualize how to put it all together. This is where a landscape designer** may be helpful. These professionals are the "exterior decorators" of the outdoors. They can help in a wide range of outdoor projects whether it be redesigning a whole yard or helping incorporate one feature into your greater masterpiece. They also have an extensive knowledge of plants that will help you find the right color and texture for your yard with a plant that will be happy in that area's light and soil conditions. Before hiring a landscape designer, you should first consider what you want to get out of your yard/project. After this you can begin interviewing different landscape designers to find one that will work with your ideas.

**Frequently today the terms landscaper, landscape designer, landscape architect, landscape contractor are used synonymously. For ease we have chosen to use landscape designer as a "Jack/Jill of all trades" in this article. Keep in mind that these professionals may use the different titles. Also, keep in mind that sometimes your project will require a team of landscape professionals as they may be more specialized. For example, you may hire one landscaper who does only pre-design of the project and hires out the labor to another contractor. Contents: Introduction

Part I: Determining Your Yard Project

One of the major hurdles to your landscape design or redesign will be deciding on what you want to change. Many times the change options can be overwhelming. However, if you concentrate on limitations and functionality of your living space, you will be better prepared to meet with a landscape designer. Here is a basic checklist of things to consider before contacting a landscape designer:

  • The most important first step you can take is to determine your budget. Be honest with yourself and set your limit in advance. Once you get started with a landscape designer it can be tempting to stretch your budget. Your landscape designer will appreciate knowing in advance what budget to work in, and your wallet will too!
  • **To save money, some do-it-yourself warriors may hire a landscape designer for only a plan and do all the physical work themselves. Many landscape designers will do this and include a list of plants and types of building materials for your reference. Knowing your budget in advance may help determine if this is the best option for you.
  • Next you will want to consider your time frame. How quickly do you want things done? Do you need things done by a certain time for an event such as a wedding? Or are you interested in a tackling one area at a time and can spread it out over months or even years? The latter may be considered by those who are interested in purchasing plans but may do most of the physical labor themselves.
  • Consider what will be the function of the landscaped space. Are you interested in a gathering place for entertaining guests; a play area for kids and pets; a private hideaway; or a garden for growing flowers and/or edibles? You may even be interested in a combination of more than one of these uses. Also, if you don't use your back or front yard much now, it may help to consider how a change to the space will make you use it more. Or if you are not interested in using it more, perhaps how a change to the design will help with self-maintenance.
  • After you have considered the function of your new space(s), you will want to consider any of the hardscapes. These are areas such as patios, decks, paths or anything else that may mean putting down cement, wood, pavers, etc. Knowing what you would like to use for some of these areas will help the landscape designer determine cost and possible layouts. There may also be the chance that the landscape designer will need to contract out some of this work and this effect the price and/or the timeline.
  • Think about any particular plants you want to either keep or incorporate into your yard. If you have a tree you want to protect or transplant this can effect design and cost. Or if you want more privacy you may want to consider the growth rate, height and coverage of a particular plant or plant type.

Part II: What to Look for in a Landscape Designer

After you have considered your budget, timeline, function, etc., you will be prepared to contact landscape designers and start to collect estimates. Like working with any other contractor, you should get at least three or more estimates and compare the landscapers available. Do research, review contracts and credentials and make certain you get all your questions answered. Many landscape design projects will not come cheap, so doing your homework will be worth your time and money. Here are a few things to look for when hiring a landscape designer:

  • You may want to start in locating a landscape designer by asking friends, family and neighbors who may have first hand knowledge of their work. You may also search the phone book or an online database. More and more you may find examples of their work posted on online websites which may help in your initial selection process as well. Finally, check with local nurseries in your area as they will more than likely know quite a few landscape designers (and they might be able to give some "reference" input as to their reputation as well)!
  • When you contact the landscape designer, ask them to come out to your home and view your yard first hand. This way they can get a good idea of the layout of your land and give a more accurate estimate. It is also helpful if you have a list of criteria, gathered during your pre-planning, to give them as a guide to follow.
  • It will also be beneficial to look at a couple of the projects they have done in the past. Preferably they will be projects similar to your project's size and style. Many landscape designers will have pictures available, however, if possible try to see a couple sights in person.
  • Like with any other contractor, you will want to get a bid before moving forward. Again, having a rough outline of what you want to see accomplished will help the bidding process.
  • Ask for references and call them! One of the common errors people make is that they ask for references but then never follow up. Granted, references are rarely dissatisfied customers. But their insight on how the whole project and process worked for them can be invaluable when working out any details for the contract.
  • Review licensing and insurance information. If the landscape designer and their crew will be working on your property, you want to make certain they are covered by their insurance. Also make certain they are going to apply for or help you apply for any needed permits. Any contractor that says, "You don't really need that." should be quickly shown the door!
  • Once you have decided on a landscape designer, get a written contract for the project. This should detail cost, payment agreement (never pay all in advance!), timeline, materials included, labor included and any warranties. Also, consider any changes to the timeline or cost in advance. How much of a delay is acceptable if the weather turns bad? Is there any leeway on material costs?
  • Know the details of any warranty - make sure to determine what is covered under warranty and for how long. What happens if plants die, the fountain breaks, etc.? Who do you contact if your fountain stops working after two years?
  • Detail any sub-contracted areas on your project. Who will be sub-contracted, what will they be expected to do and who will be in charge of resolving any questions if the work is not 100% satisfactory.
  • Consider the size of plants that will be included in the project. Many nursery plants will not see their potential size until later - sometimes years later. Consider if you want to pay more for a more mature sized plant or change the plant chosen due to its size and growth rate. Go over this carefully in advance with your landscape designer!

So your yard is perfect. You don't need anyone to change a thing or add anything new. But there is that little task of maintenance. Do you have the time to keep your eden in tip top shape? If not, you may want to consider hiring landscape maintenance. Here are some things to look for when hiring for landscape maintenance:

  • Before you call, make sure to consider exactly what you want to see done. Is it just weeding, mowing and raking? Or do you also need special maintenance for your pond or pool? Also consider a schedule. What tasks should be done on a weekly, monthly or seasonally basis?
  • Ask friends, family and neighbors for references. Check to see if there are already landscapers who come to your neighborhood. Also check with local nurseries. Check the yellow pages or online directories.
  • Get estimates! Have the landscaper come out and see your yard. Give them a list of the exact tasks you want to see done. This way they can better see the size and scope of the projects and give you a better estimate.
  • Ask for references and call them! Check on to see if they are punctual, neat, thorough and easy to work with. Find out if there is anything you should be more specific on in the contract to avoid any miscommunication.
  • Check for business licence and insurance. They will be working on your property, make sure they have their own insurance to cover any accidents.
  • Make sure they are aware of and respect local laws. Are they aware of watering restrictions, burn bans, etc.
  • If this will be a long term agreement, then make certain to get a written contract. Even for a one weekend job you may want to get a contract to make sure there are no questions about what is expected. As with any contract, the more details the better. Specify cost, payment, timelines, warranties and delays in service.
  • Discuss if there is any warranty on their work. If they are taking care of your coy pond and all the fish die, who is responsible?
  • Discuss the types of chemicals they may use on your yard. If you have children and pets playing in the yard there may be certain products you do not want used! Discuss the type of equipment they will use. Do they expect to use any of your equipment? Do they have equipment that is safe and properly running?
  • Keep in mind that working with a landscape maintenance crew can be a dynamic rather than static relationship. Make sure you continue to get good service and communication is open and easy. If at any time you feel you are not getting your moneys worth or being understood, it is time to end the contract. Don't just accept that this is "just how it is" or "they know better than I do." It is a business deal like any other and you should feel comfortable that you are getting the services you pay for.

Conclusion

It can be fun being the week-end warrior and master of your outdoor domain. However, sometimes the projects you have in mind for your front and/or back yard can be a bit overwhelming. Consider hiring a landscape designer for part or all of the project. You will learn some great design and technique ideas from them and save your back a bit too!

How to Hire a Home Inspector

You need an experienced professional.

Article Thumbnail Small

So, you are buying or selling a home and you feel that you need an experienced professional to inspect the property so that you go into the sale/purchase knowing everything that you need to know to make the proper decisions and arrive at the dollar/value amount that the property is worth to you. But, how do you go about it? All of the Inspectors’ ads seem the same - they all tout the same lines of how great they are, etc., etc. It’s impossible to get a referral because you really don’t know anyone who has bought or sold a home recently, and you surely don’t trust the Realtor's choice because you are pretty sure the Inspectors that they use are “their good Ol' boys” that solicit the Realtors for work. So, what’s a person to do? 

Well, let me make it easy for you to cut right through all of the hype and “fairy tales.” I’m going to give you a downloadable short chart that you can print. On the chart will be a few of the most pertinent questions you would want to be asking of your prospective Inspector as to his/her qualifications to be sure that they will be the one that will give you the knowledge and peace of mind to move forward into one of the biggest investments/transactions you will make in your life. If you use the chart as it is designed to be used, you will be able to fill in the boxes below each Inspector's name with check marks or minimal info relating to the answers you receive from the several Inspectors that you interview. It will become evident in short order who is the most qualified Inspector that you should hire, unless, of course, you are an individual that is of the opinion that all Inspectors are the same, all inspection reports are the same, and the only difference is who is the cheapest, which, in that case, I’m sure that you will get exactly what you bargained for. Besides, who better than the Inspector himself knows what he/she is worth! Download the Home Inspectors Hiring Questionnaire as a printable PDF file.

Finally, for those that really want to know who they are hiring to perform such an important service for them, I will give you a list of additional questions that you can ask that will further qualify an Inspector to you, if you wish to know more and take the time to ask them. Hey, you’re only talking about a few hundred thousand dollars of your hard earned money here, so taking a few extra minutes of your time to hire a true professional who will be supplying you with the knowledge and peace of mind that you need at a cost of less than ½ of 1% of what the transaction will be is, well, maybe worth the extra effort. I’ll make it even easier for you; I’ll give you some links (see box to the right) to go to so you can check if the answers the Inspectors give you are true.

So, roll up your sleeves, pull out the telephone book, and go online and decide on a few Inspectors that on the surface look promising. Write their names at the top of the columns and then start dialing the phone and asking the questions and filling in the blank boxes with check marks and info.

Questions To Ask:

  1. How long have you been inspecting?
  2. How long have you been in the Construction and Home Repair business?
  3. Are you “certified” by any national organization as a Home Inspector? Are you a licensed General Contractor?
  4. Are you licensed in any thing?
  5. Have you ever hands-on built a home from scratch? If so what, where, when?
  6. Have you ever spent any “real” time in the home repair field? If so, what, when?
  7. Do you solicit realtors to obtain your work/inspections?
  8. What, EXACTLY, do you inspect and include in your inspection report?
  9. Is the report computer generated, easy to understand and have digital color pictures? Do you offer a money back guarantee?
  10. How long will the inspection take?
  11. What is your fee?

These should be the short list, lucky thirteen if you will, that should shed a little light on just how much experience your Inspector has, how qualified they are and the basics of what you can expect from them should you hire them. http://www.unbiasedinspections.com/index.htm

Additional Questions You May Want To Ask:

  1. Do have a website and what is its address?
  2. Do you have any references you would like to share with me?
  3. Can I accompany you during the inspection?
  4. Have you ever been sued over one of your inspections?
  5. How do you stand behind your inspection if a problem comes up?
  6. How much continuing education do you take every year? What other services do you offer?
  7. Do you belong to the local Realtors Board?
  8. Do you advertise in any of the real estate companies’ sales fliers?
  9. What/whose Standards of Practice do you inspect to?
  10. What Home Inspection organization(s) are you most proud to belong to and why?

MY ANSWERS To The Questions:

I have been in the Home Inspection business for 40 years.

I have been in the Construction and Home Repair business for 45 years.

I am certified as a Home Inspector by the following organizations: CalNACHI, NACHI International, IHINA.

I have been a licensed General Contractor since 1977.

I am licensed in the following: California General Contractor & California Structural Pest Inspector.

I have built many structures since 1977, including such projects as a geodesic dome home.

I have 45 years of hands-on “real” time in the home repair field/structural pest control business.

I do NOT solicit realtors to obtain inspection work.

For each report I inspect all visible and accessible portions and systems of the house and property.

Each computer generated report is easy to understand and includes digital color pictures.

I offer a money back guarantee and stand firmly behind it!

Each inspection will take 4 – 8 + hours depending on the property to be inspected.

The fee will vary depending on the property to be inspected.

I have a website at www.unbiasedinspections.com.

I have numerous client references on my website at Client Testimonials.

I encourage my clients to accompany me during the inspection, or at least be on site near the end of the inspection. 

I have never been sued over an inspection, even though I’ve been inspecting homes since 1968.

If a problem comes up regarding an inspection, I have a money back guarantee.

Each year I obtain usually 40 - 50 hours of continuing education in pertinent home inspection classes.

Other services offered… structural pest (termite) inspections, thermography scans and reports, floor level mapping, consulting.

I do not belong to the local Realtors Board in order to avoid any perception of conflict of interest or collusion.

I absolutely do NOT advertise in any of the real estate companies’ sales fliers.

My home inspections are performed under the Standards of Practice of CalNACHI (National Association of Certifed Home Inspectors).

The Home Inspection organization(s) of which I most proudly belong is CalNACHI (National Association of Certifed Home Inspectors) because of their high standards and stringent continuing education requirements. I’m also proud to be a member of Independent Home Inspectors of North America (IHINA) because in order to be a member you must sign a pledge NOT to solicit business from realtors!

- Ron Ringen Ringen's

Unbiased Inspections https://www.unbiasedinspections.com/home-inspection-articles/how-to-hire-a-home-inspector/

Preventive Maintenance Tips for your Home-Part 6

This month we will begin with Part A - tips for Spring.

Article Thumbnail Small

Welcome back to Rocky’s Corner! Last month we started Part 5 of an 8 part series of Preventive Maintenance Tips for your Home.

This month we will begin with Part A - tips for Spring. Every Spring-Part A

APPLIANCES:

  • Vacuum coils under or behind refrigerators and freezers.

 AIR CONDITIONING UNITS: Central Air Conditioning

  • Make sure the condensing unit located outside is not covered up with leaves, newspaper, etc.
  • Change or clean the filters regularly.
  • Be sure all access panels are secure, with all the screws in place.
  • Set the thermostat in the cooling mode.
  • Run your air conditioner for a few minutes now, before you need it.
  • Schedule a maintenance call before it gets hot to have a technician check the following items:
  1. Check for proper refrigerant (Freon) levels. A low level indicates a leak, to be found and repaired before adding Freon.
  2. Check all electrical components and controls.
  3. Clean evaporator and condenser coils, as needed.
  4. Oil motors as needed.
  5. Calibrate thermostat.
  6. Check condenser for cracks.
  7. Check filters.

AIR CONDITIONING UNITS: Evaporative Air Conditioning

  • Clean unit; check belt tension and adjust if necessary; replace cracked or worn belt.
  • Clean or replace air filter; clean condenser or evaporator coils and condensate drain; remove debris from outdoor portion of unit. AIR

CONDITIONING UNITS:  Wall and Window Air Conditioning

  • Have your unit checked out to make sure it is working properly before you need it.
  • Clean dirt, insects and debris from the grills and cooling fins.
  • Replace dirty filters.

ATTIC:

  • Make sure all your gable, soffit, and ridge vents are open to allow proper ventilation.
  • Make sure insulation covers the entire attic floor; look into hiring a professional to add more to meet recently updated building codes and reduce future cooling and heating costs.
  • Check to make sure your attic and/or whole house fans are working properly; consider installing attic or whole house fans.

CARBON MONOXIDE AND SMOKE DETECTORS:

  • Change batteries and check to make sure they are operating properly.

CAULKING AND GROUT:

  • Inspect caulking and grout around tubs, showers and sinks; considering replacing if necessary.

CLEAN CARPETING:

  • Have your carpets cleaned regularly to remove the dirt and grit that can wear them out prematurely.

DOOR SILLS, WINDOW SILLS, AND THRESHOLDS:

Fill cracks, caulk edges, repaint; replace if necessary.

DRAIN-WASTE AND VENT SYSTEMS:

  • Flush out system.

HEAT PUMP:

  • Lubricate blower motor.
  • If you didn’t have an annual check-up done last fall, schedule one now to have a certified professional to inspect the wiring, check belts (replace if needed), and oil the moving parts.

HOT WATER HEATING SYSTEM:

  • Lubricate circulating pump and motor.

PEST CONTROL:

  • Termites can cause thousands of dollars worth of property damage before the homeowner even realizes they have an infestation and other pests can threaten your family members and pets with bites and diseases
  • Contact a pest control specialist for a free inspection and evaluation of your risk; and for hiring a regular service to keep your home free of all pests; including insects and rodents.

SCREENS FOR WINDOWS AND DOORS:

  • Clean screening and repair or replace if necessary; tighten or repair any loose or damaged frames and repaint if necessary, replace broken, worn or missing hardware; tighten and lubricate hinges and closers.

WATER HEATER:

  • Every six months you should turn off the power source and drain it completely until it is clear of sediment.
  • Also inspect flue assembly (gas heater); check for leaks and corrosion.

ANTENNA:

  • Check antenna and satellite dish supports for possible leak source.

BASEMENT AND FOUNDATION:

  • Check grading for proper slope away from foundation wall. Inspect for cracks and moisture and repair if necessary.

DECKS, PORCHES AND EXTERIOR WOOD STRUCTURES:

  • Check all decks, patios, porches, stairs and railing for loose members and deterioration, such as cracks, splintering, decay, and insect damage; treat wood, set nails and repair or replace rotted boards, as needed.
  • If professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years.
  • It is also necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish.
  • Remove mold and mildew, fungus, tree sap, grease and bird droppings with the appropriate commercial deck cleaners (or homemade mixtures) and a stiff brushed broom.
  • Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation.
  • Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak.
  • Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

DRIVEWAY CRACKS:

  • For asphalt, remove dirt and weed debris from cracks, spray with a high-pressure hose sprayer; treat with weed killer and patch with a special patching product.
  • For concrete, the only alternative for cracked driveways and garage floors used to be removal and replacement, but these days there are overlayments that may be professionally applied to cover surface cracks as long as the concrete is still structurally sound.

Join me next month for Part 7 of our series on Preventive Maintenance Tips for your Home. Visit us at www.freminshomeimprovement.com

Winter Driving

Safety, Tips and the Law

Article Thumbnail Small

A little groundhog has told us to expect another six weeks of winter! Already a tough season, many of us experienced firsthand or saw news coverage of winter storms bringing cities and counties to a virtual standstill. Whether you live in a winter weather state or are just visiting, snow and other winter weather can drastically effect your ability to get around and keep to your plans. Learning some basic driving safety measures and coping tips can help alleviate some of the aggravation. Also, although varying by state, understanding winter related laws or ways laws are interpreted to include winter conditions is vital to enjoying a safe winter. Below is some safety information we hope you find useful and keeps you safe and warm this winter.

Winter Driving Safety & Tips

Winter Inspection: Prepare you car ahead of time for winter road conditions. Check the levels of antifreeze, oil and wiper fluid. Examine your windshield wipers for wear and replace them if necessary.

Got Wheels? Review your tire tread. If you get snow tires or studs, get your appointment scheduled before the tire stores are inundated. If you are in a state where you may use chains or cables, inspect these when you pull them out of storage. Take time to review how to put them on before the snow comes.

Journey Prep: Before driving out into a winter wonderland, make sure you are prepared. Clear you car of any snow and ice so you can see clearly - this includes any snow around your headlights and break lights. How much gas is in the tank? If you are getting low, plan your route to make this your first stop. Stop and consider your physical condition, are you awake and alert?

WEK: Don't be weak - have an Winter Emergency Kit! Some items to include in your kit are:

  • First Aid Kit T
  • Travel Tool Kit
  • Blanket(s)
  • Gloves, Hat, Scarf, Sweatshirt, etc.
  • Jumper Cables
  • Flashlight and Spare Batteries
  • Road Flares
  • Matches
  • Sand and/or Salt
  • Ice Scraper and Snow Brush
  • Small Shovel
  • Water
  • Energy Bars or Other High Calorie Foods (Nonperishable)
  • Cell Phone and Charger

Dress for Success: As we hop from one heated building to the next, we don't often consider how we are dressed for the winter weather. Adjust your wardrobe for unexpected winter weather. If you insist on traveling in the car in flip flops because the are comfy, make sure you pack thick socks and hiking boots in the back seat in case your car does break down. Dress in layers and have spare gloves, a hat, and a scarf in the car.

Know before you go! Check for road condition updates and possible closures. Before driving in winter weather make certain to check the local forecast. Some of the key weather words are:

S-L-O-W: Everything slows down: accelerate slower, brake slowly, turn slowly, and travel at slower speeds. Enter the time warp willingly and keep your patience and wits about you. Trying to rush through anything during poor winter weather is the number one reason people slide off roads or skid into other cars.

Personal Bubble: Allow those around you plenty of space. Do not crowd other cars and increase the car lengths between you and the next car.

It's Ice Ice Baby! If there is ice rain the best option is not to be on the road period. But there are other patches of ice and black ice that may pop up when you consider the roads drivable again. Keep in mind that ice forms quickest on bridges and overpasses. Also, as the temperatures begin to rise the thawing ice will be much slicker as it melts. If you see the ice ahead of time keep your speed slow. DO NOT hit the breaks! If you suddenly can't hear the road, often the case if you hit black ice, continue forward and take your foot off the accelerator. DO NOT hit the breaks!

Look Up! Many times the winter weather makes us concentrate on the road in front of us so much that we forget to look ahead. During this weather is exactly when you should be looking up and ahead; look farther then you may normally. This will give you more time to react to possible sliding cars or hazards in front of you.

Keep it on Main Street: Plan your routes on main roads. These will be traveled more and are the first to be cleared and sanded.

Share the Road: Give plows and sanders plenty of space. Three car lengths is the standard suggestion. Be patient, many will get over to let traffic pass. Always pass with extreme caution and never pass them on the right as that is where all the sludge is going!

Double Your Time: As a general rule, double your travel time for all your commutes and usual destinations.

Tell Your Peeps: Let others know of your travel plans - especially for long distances or during a weather event. Let either family or friends know where your are going and the route you expect to take.

No Cruising: As you shouldn't in heavy rain, do not use cruise control on winter roads. If you begin to slide you may not be able to get out of cruise control quickly. Also, depending on the slide/skid, tapping the break may be the last thing you should do!

Find Your Pack: Have a commute group for severe weather. You can alternate drivers as you battle the extra stress and fatigue of driving in bad weather. Encourage it in your community and this can help keep more cars off the road.

Think Outside Your Car: Consider other modes of transportation altogether. If available, consider the bus or train. Get really inventive - do you like to cross country ski? Just stay on the sidewalk!

Flex Time: Check to see if you employer will let you change your hours or work from home. Wait until the plows have had a chance to move through the neighborhood and go in late. Or plug in the computer and work in your PJs and fuzzy slippers.

The Great Melt: Still be cautious after the snow begins to melt away. Puddles can easily be hiding monster potholes that grew under the ice during the storm. Not only jarring these can do some real damage to your car. Besides potholes, be careful of hydroplaning as well. As the water melts it may be caught between mounds of slush leaving the perfect amount of water to send your tires for a little ride.

If the Worst Happens: "If a blizzard traps you in your car, pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction." (Tips provided by FEMA)

Legal Concerns

The Car Snowball: When your car is covered with snow it makes for safer driving if you clear all the snow off - but are you required to legally? Technically, in most states, there is not a "snow on the car" law. Instead, other laws may be interpreted to include snow. Be safe and get your car uncovered completely so you can clearly see around you and don't inadvertently cause hazards.

  • In many states you can be cited if your windshield, rear window and windows are obstructed so you cannot see the road. This is often interpreted to include snow, ice and fog that disrupt the drivers view.
  • How about the snow on your roof or hood that you left there? In many states you will not be cited for this alone, however, if this snow flies off and damages another car (i.e. smacks into and cracks the windshield of the car behind you) then you are liable for any damages. Some states are clever and cite snow falling from your car as littering! 
  • While you are at it, make sure to clear any snow from your headlights and break lights. This not only helps you light your path, but no doing so may be a citation waiting to happen in some states.

Snow tires, studs, and chains, oh my!

NOW TIRES: Standard in many snowy states usually there are not penalties for having these tires on past a certain date. Check with your local tire stores as they will often store your summer tires during the winter season and vice versa. STUDDED TIRES: States that allow these tires for winter travel often have a set timeline when they may be used (i.e. In Alaska they may be on by September 15th and are due off by May 1st - most states in the lower 48 will have a shorter time allotment). This information can be found at your state Department of Transportation website (see list to the right) CHAINS: Especially if traveling in mountainous states, learn if chains are often required, make sure you have them and learn how to put them on before you go. Some flat states also allow chains under certain conditions. Check with your state Department of Transportation for specific requirements or limitations. The following YouTube video illustrates how to put on cable style chains. It is sponsored by the Oregon Department of Transportation (http://www.youtube.com/watch?v=_8RVbDuyOcY):

Clean to Green

Spring clean your way to the ultimate garage sale!

Article Thumbnail Small

The days are longer, the temperatures are becoming pleasant and our energy levels are up as we begin to stretch out of our winter hibernation - spring is here! Time to harness some of the new energy and get the spring cleaning out of the way. Although some demigods may have immaculate households and not heed this tradition, most of us do have a bit (or more) of collected clutter and dust around the home. Spring cleaning is a great opportunity to remove dust, mold, toxins and clutter from our households. And as we clean, we notice a pile emerge of unused and unwanted "stuff." This gathered hoard of old décor, books, electronics and exercise gadgets should not be squirreled away for another year! Instead, incorporate into your spring cleaning the determination to get this "stuff" out the door through a garage sale (real or virtual) or off to charity.

Spring Cleaning

Spring cleaning for most households is a family tradition. According to the contributors to Wikipedia, evidence of spring cleaning can be seen in ancient civilizations - from the Jewish tradition of cleaning the house before Passover to the Iranian "khooneh tekouni" or "shaking the house." Many Americans grew up in households where there was a yearly purge of dust and "bad air" from the winter months. This too comes from earlier times when fires of coal and wood were the primary source of heat and rural households sometimes bundled down with the livestock indoors. For this reason, some argue that spring cleaning is not a necessity with our modern furnaces, solid windows and cleaner spaces. Consider this a time then to do the very best cleaning of all your living spaces, appliances and work areas. We all skimp on cleaning out the fridge or stove, now is the time to hit these areas thoroughly. Below we have listed some common items to clean during this sweep. For a more detailed list to help on your cleaning, we have also provided a "Spring Cleaning Checklist."

Common Spring Cleaning Tasks:

Dust ceilings, walls, corners, light fixtures, base boards, vents, and furniture

Wipe down walls, light-switches, outlets, doorknobs and handles

Clean blinds, curtains, drapes, window sills and windows

Clean doormats, bathmats, and area rugs

Shampoo the carpets

Clean the hardwoods and vinyl

Dust and wipe down furniture, cabinets, shelves and countertops

Clear the clutter and get items back where they belong

Consider items for a garage sale, charity run, or dare to think it - re-gift it!

Remember to click here for a detailed Spring Cleaning Checklist! WORD | PDF

Other important items (while your at it):

  • Update important documents in safe or safety deposit box
  • Update emergency plans and phone trees
  • Review emergency plans with family members
  • Review all medications in your household for expirations
  • Review first aid kits - these don't last forever and you may need to replace some items or the whole kit Also review any other emergency kits
  • Test and change batteries in smoke and carbon monoxide detectors

Garage Sale

Now that you have cleaned your house, you have gathered "stuff" that you no longer use, need or want. Your gathered hoard of goodies will probably include:

  • Unwanted décor
  • CDs / DVDs / Games
  • Books
  • Dishes / Glasses / Cups
  • Kitchen Gadgets/Small Appliances
  • Exercise Gadgets
  • Craft Goods
  • Small Electronic Devices

Now what?

Getting ready for a garage sale can be a daunting task and should be handled with the same planning and care you would give to a major event - just try to keep it fun - you're planning for a big block party where you get to meet your neighbors and make some money! Here are some basic guidelines:

  1. Take inventory of your gathered hoard: :Literally list the items as you place them in boxes/bags until the weather is nice for the sale. This will help you organize items. It is very helpful if you begin this process during your spring cleaning.
  2. Consider items for charity: If you have some highly valued items, such as gently warn winter coats or clothing, consider giving some of these items to charity. You may try to sell most items and then give the leftovers to charity. However, don't use your local charity as a dump - be realistic and keep only usable items for these organizations.
  3. Set a date: Choose a day where you can rest well the night before and commit your full energy the day of the event. Keep the big day reasonable - if you are not a morning person - don't open a garage sale at 8am. With the right advertising you should be able to set your hours and stick to them.
  4. Be firm on your choices: If you haven't used an item in a year, then it is a very good chance you won't use it again. Let go of any emotional attachments to items - even if you mother gave you that clock you never use you can let it go. Instead, keep the more personalized items like photos or something handmade. Every gift is not a treasure! Remember - it was the thought that counted - not the unworn tie!
  5. Know the going rate: Review other garage sales in your area to see how similar items are being priced. Check online for prices on trade sites such as eBay.
  6. Showcase your items: Hang clothes, put small items in baggies, etc. Keeping your selection clean and neat will help buyers decide quickly. Also, label all of your prices. One box of "10 cents each" may be okay, but try to keep most items clearly priced and labeled.
  7. Advertise and make signs: These days advertising a garage sale is not only done in the paper. You can post announcements to online localized sites such as Craigslist and even most Penny Savers have an online option as well. When you make your signs keep them clear, big and simple. Make certain to take them down as soon as your sale is over.
  8. Change from the bank: Before the big day make sure to get some change for the cashbox. Decide beforehand if you will accept a checks and under what conditions or for which particular items.
  9. Prep your sale table: Besides your cashbox, prep your sale table with bags, newspaper to wrap fragile items, paper and pens, maybe a few good munchies and some items for you to do during any slow lulls.

Online Garage Sale

Now perhaps you have items left over from your garage sale or prefer to sell from the comfort at your computer desk at your own pace. Just keep in mind that selling items online will require more time as you write descriptions, place photos and run to the post office. If you have the patience or enjoy the idea of a virtual garage sale, these sites will help you get your unwanted items moving out the door! Amazon Marketplace: If you are a bit of a bibliophile and need to thin your collection, the

Amazon Marketplace can be a great option to sell used books, CDs, DVDs and more. Keep in mind that to list is free, but there are fees when an item sells. Considered more user-friendly than similar sites, it is worthwhile to check it out. http://www.amazon.com/gp/help/customer/display.html?nodeId=1161232

BarterBee.com: A site specifically geared towards recycling CDs, DVDs and computer or consol games between households. Once you sign up for a membership, you list your used items for sale. Sell items to get points. You can then use those points to buy other CDs, DVDs or games that you want to try out. Of course you wouldn't use this site to make cash - points are used for like items. http://www.barterbee.com/

Craigslist: An online mismatch of services, used goods and announcements by city location. Here you may be able to find used items cheap. It can be the ordinary like used furniture to the not so common. For example, I once found someone who had new pavers left over from a patio project that they were willing to sell at a discount just to get them off their lawn. You may also be able to find cheap services such as yard work. However, users beware, there are no regulations on this site and you should take precautions when working with anyone on this list. This site definitely has a mixed history of great successes and terrible wrongs. Be careful. http://www.craigslist.org/about/sites

eBAY: One of the most popular and well known online auction stops, eBay has been around since 1995. Users have the ability to rank other users for the ease of trade transactions. Probably the biggest garage sale on the internet. http://www.ebay.com/

Etsy: Buy and sell handmade items - a great source for crafters and home artisans of all medias. This site allows you to sell your talented pieces or purchase others for less than gallery prices. http://www.etsy.com/

JunkDepot: An online clearing house where you can list your items for sale. To list is $.99 per item and there is a 6 month limit to your posting. http://www.junkdepot.com/

Oodle Classifieds: An online classified search machine that searches 80,000 sources. You can also post your classified adds as well. http://www.oodle.com/

Sell.com: Another online classified site that allows you to list items for sale - a basic add is free and there are no transaction fees once an item sells. You can get a few more bells and whistles for a cost. http://www.sell.com/

Silkfair: Another online trade site that strives to make your life easier with fewer fees and an easy to use interface. A good alternative to check out if interested in selling or buying items online. http://www.silkfair.com/

SwapThing: This site allows for consumers to trade and barter items or services. There is also the option to do flat out sales. Unlike an auction site, you can barter privately and do not have to list items for auction. You enter what you want and it will match you with others who have it available. http://www.swapthing.com/home/index.jsp