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New Home Warranty

Make sure you fully understand terms and conditions.

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Q. About six months ago we bought a new home and the builder provided a one year home warranty. Recently we discovered a defect, but when we contacted the builder, he said that because we did not discover the defect during the final walk-through that it would not be covered under the warranty. Is this common practice?

A. No, this is definitely not common practice. Most builders will repair defects that are found at any time during the warranty period, provided that they are covered by the terms of the warranty, and are obviously the fault of the builder. Read your warranty contract carefully to see if you are indeed bound by the condition your builder is citing. He may be counting on the fact that you have not thoroughly read the contract. In any event, you may want to seek the advice of an attorney. When inspecting a new home, I always advise my clients to discuss the terms of the home warranty with the builder before closing, and to make sure that they fully understand those terms and conditions.

Open electrical splices

In the course of inspecting a home, I often find open electrical splices in the crawl space and attic, and I cite them in my report.

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In the course of inspecting a home, I often find open electrical splices in the crawl space and attic, and I cite them in my report. A splice, in layman’s terms, is a connection between two or more wires. These splices are normally made with a small plastic device resembling a thimble that is called a wire nut. The wire nut is twisted onto the wires, and holds them tightly together for a good connection. In accordance with accepted electrical practice, all splices must be inside an approved electrical box with a cover, and this box must be attached to the framing of the house and accessible. These boxes are either metal or plastic. The reason why splices must be inside a covered box is very simple. When electric wires become loose or overloaded, they can get very hot, and, in some cases, throw off sparks. If the wires are out in the open, they can drop sparks onto combustible materials or otherwise cause them to ignite. The electrical box is designed to contain the heat and sparks long enough for a fuse to blow or a breaker to trip. Crawl spaces are not very nice places to work, and the person doing the wiring is probably in a hurry to get out of there, and not interested in going back to place a cover on each box. Open splices are an invitation to disaster, and should be corrected as soon as discovered. If you suspect that your home has open splices in the crawl space or attic, have a qualified electrician correct the problem as soon as possible.

ONIONS

Wood pests, wood destroying organisms, structural pests, termites and dryrot, or, fungus, whatever or however you refer to them, they are the uninvited, unwanted guests that can degrade the wood structure of your home, or, the home you are interested in purchasing.

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Wood pests, wood destroying organisms, structural pests, termites and dryrot, or, fungus, whatever or however you refer to them, they are the uninvited, unwanted guests that can degrade the wood structure of your home, or, the home you are interested in purchasing. What is interesting is how these conditions are addressed in the various states. Some states allow Home Inspectors to identify and report on these issues if the inspector is properly certified/licensed. Meanwhile, other states (California is one) do not allow Home Inspectors to identify wood destroying organisms unless that inspector is also licensed as a Structural Pest Inspector, of which there are very few. But, if the inspector is properly licensed, then the reporting will be done on a report form mandated by the Structural Pest Control Board located in Sacramento, and the reporting process falls under a whole slew of regulations administered by the Structural Pest Control Board. In California, a Home Inspector can only mention a “wood pest” or “white growth” condition and note it in his or her report, and then, can only refer/defer to a licensed Structural Pest Inspector/Company for further details, proper identification of the wood pests involved, and, recommendations necessary to correct/repair the issues present.

This practice is unfortunate as that process breeds (in California anyway) a huge conflict of interest situation that revolves around the home sale/purchase activity. In California, the Structural Pest Companies perform the “termite” inspections (the term commonly used to describe a Structural Pest Inspection) for little or no money with the intent of getting their “foot in the door” to do the chemical treatments and repair jobs, which can be very expensive. So, lets peel off the first layer of the onion. The scenario goes: The inspector/company you call to make the inspection is the same person/company who provides you with a report that outlines the repairs and chemical treatments that he/she says are needed, which is the same person/company shoving a pen and a work contract into your hands to sign, which is the same person/company that sends out their repair crew to perform the work, which is the same person/company that “inspects” the completed work and then issues a Notice of Completion and certifies the property “free and clear.” I don’t know about you, but in my opinion, that is a big conflict of interest.

But wait, lets take it one more step further. Lets peel off the next layer of the onion. How about the fact that many of the “termite” companies pay their inspectors straight commission on WORK PERFORMED/COMPLETED! Might that smack of a little conflict of interest? How comfortable would you feel having your home inspected under those conditions? How objective and impartial do you feel the outcome of the “termite” report will be, knowing that the “termite” company/inspector lost money the moment the tailgate of the inspectors’ truck went through the shop gate on the way to the inspection and now they need to recoup?

Time to peel the next layer off of the onion (are your eyes watering yet?). Now lets throw the real estate agent into the mix. The agent calls the “termite” company for his client (purchaser) and orders the inspection. All fine and good unless this agent happens to be one of those who has a predetermined idea as to what the outcome of the inspection should be in order to close the deal quickly and with no hassles even though the inspection report may have no basis of reality as to the conditions present. This is why, on occasions too numerous to count, two inspections of the same home are worlds apart. The rule is: both/all reports of the same home should contain the same findings, but the recommendations to repair may differ as inspectors may have different methods to correct the conditions found. It is very disturbing when comparing two reports of the same home, that, the diagram, as well as the findings, are as if the two inspectors looked at two different homes. But, this occurs all too often because of the pressure applied by the agents by “black balling” inspectors that are perceived to be “deal busters” because they actually do their job and accurately report conditions present.

Please don’t feel that this discussion is saying that all real estate agents or termite inspectors/companies are “shady.” More are good than bad, but the questionable still exist and you need to be aware and "do your home work” so you don’t end up in a situation for which you didn’t bargain.

So, lets peel another layer off of that onion, but in a positive way this time. ALWAYS, I REPEAT, ALWAYS interview the real estate agent before engaging them. Just because the agent meets you at the door of the office doesn’t mean you are “stuck” with him/her. If the agent is the listing agent of the property, be especially wary. They will not legally be working for you or have your best interest at heart. That is where the questionable termite inspector/company may suddenly appear. You want to ask the hard questions and get the proper answers! You want to know names and phone numbers---- not of sellers, but of purchasers of property handled by the agent so you can find out how their (the purchaser) experience was. Of course, this is a good time to find out how satisfied they were with the pest work that was performed. You would be surprised by how many buyers are very unhappy with the quality/completeness of the pest repair work but don’t have the stamina to “fight the system.”

In closing, referrals from qualified sources are your best way to find the inspector and real estate agent that will best serve you. Remember, the ones charging the least are most likely the ones to give you the least. A home purchase is probably the single largest investment any of us will make in our lifetime, so don’t shortchange yourself by falling into the age-old trap of the “cheapest.” Ron Ringen owns and operates Ringen’s Unbiased Inspections, which is located in Sonora, California. Ringen’s Unbiased Inspections serves the beautiful gold country of California that includes the foothills and Sierra Mountains in the counties of Tuolumne, Calaveras and Amadore. Ron has been involved with the Structural Pest Control business for 43 years and has been a licensed Structural Pest Inspector in California since 1968. Ron is a licensed General Contractor (B) in California and has been since 1977. Ron is certified with the American Institute of Inspectors as a Home Inspector, Manufactured/Modular Home Inspector and a Pool and Spa Inspector.

Customer Deposits

Illegitimate Revenue Stream for Banks?

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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.

Winter Driving

Safety, Tips and the Law

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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):

Kitchen Remodel

Hints and Tips

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Remodeling your kitchen is a major event. You may be without the room entirely for most of the remodel process. There will be many different contractors and specialists coming in and out of your home. And changes in timelines may happen due to product availability or other unforeseen circumstances. All said, it is a major project that takes careful planning and attention to detail for a satisfactory outcome. Take your time to plan carefully and enlist professional help if you hit a brick wall and don't know how to make certain items or features work. We have given you the short list of some things you will need to consider before and during a kitchen remodel.

The Kitchen Remodel List

Sink with money going down drain

The Dreaming Stage: Evaluate your needs. What do you want to change about the existing layout, appliances, utility, storage, lighting, flooring, ascetics, etc. Consider how you use your kitchen - where do you prepare meals, cook meals and clean up. How can these used spaces be improved. What will make your ideal kitchen in the space you have available? Do you want to go as far as to restructure walls? Review the three basic layouts for kitchens: U-Shaped, L-Shaped and Galley. Which of these works with your kitchen use? You may also consider the "work triangle" which places the refrigerator, sink and stove in an easily accessible triangle to help optimize your kitchen tasks. Of course with the inclusion of other useful appliances and innovative cabinetry/counter space, you may think outside the triangle. Picture your ideal kitchen and write down the elements it includes.

The Reality Stage: Figure out your budget. How much can you afford to spend/finance to make your dream kitchen happen. Do this before any purchases are made or contracts signed. Knowing your budget limitations is a must so you don't get in over your head!

Your Timeline: Consider how much time you can be without a kitchen. You may want to plan ahead and have the remodel done when the kids are at college or you are certain not to have house guests, etc. Because of the scope of the remodel, knowing a timeline is essential to preventing some of the headaches involved with not having access to part of your home for weeks or even a month or two!

The Design: Now that you have your ideas, budget and timeline, you can contact an interior designer (some are now specialized as kitchen designers) to begin hacking out the reality. Now is when you determine which of these formats will best fit your ideal use of the space. The designer can help you determine how to make all your ideas work with the products available to you at your budget.

The Material Breakdown - There are many different types of materials for you cabinets, countertops, floors, etc.

  • Types of Cabinets: Cabinets either come with a framed or frameless design. You can get 'Flat Pack' or the do-it-yourself assembly-required variety, 'Stock' which are limited in size but are fully assembled, 'Built-to-Order' which are made at the factory and shipped and finally 'Custom' that usually include some factory pre-build and more fine tuning on installation. The cabinets can be stained, painted, laminated, and sometimes even made of material other than wood like metal. There are plenty of options to get carried away with. Review the options for the drawers, slide outs and other extras for the interior of you cabinets as well. Determine your style and use of your cabinets and you will still be overwhelmed by the choices!
  • Types of Countertops: Countertops can be natural stone such as granite or marble, sealed surfaces such as laminate or ceramic tiling, or manufactured surface material such as Corian. Laminate and ceramic tiles may offer a project for the do-it-yourselfer, but any of the other products will have to made to order and usually need professional installation to keep the warranty valid.
  • Types of Flooring: Just like any other room in your home, flooring options are endless. However this would not be a room for carpeting! Installing hardwood floors, Pergo flooring, vinyl, or tiles can be a do-it-yourself project or another one you hire out.

The Appliance Breakdown - The choices for appliances are abundant. When designing your new kitchen you will want to consider the size and layout of these major items. The layout of everything else in the room will be effected by the appliances you choose. You may decide to include appliances built into the cabinetry or countertop or keep them freestanding. Overall, you are considering your refrigerator, freezer, dish washer, microwave, stove top and oven.

The Kitchen Sink - The kitchen sink stands alone as a major item to consider. You may have a double sink, typical for hand washing dishes. You may have more than one sink including one on a workspace island or countertop. You may get a deep sink, shallow sink or a combination of both.

Permits: It is very likely a major kitchen remodel will need permits from your city or county government. Research these to get a good idea of what permits you will need. Your interior designer may be able to help with this. More likely, the contractor(s) that you work with will either do the permits themselves or be able to help you determine what permits you may need. Steer clear of a contractor who tells you that you can "get by" without getting a permit; it may sound like they are saving you money but in the long run they could cost you much more!

Hiring your Contractor(s): With a major kitchen remodel you may be using several different professionals. You may start with a general contractor, however, they may hire or you may need to hire specialists such as plumbers, electricians or tilers. Talk to several contractors and get estimates and references from each. Call the references and make sure to ask questions about estimate variations - some may substitute materials to cut costs. Discuss the timeline in detail with the contractor you choose.

Determine how they will work with any sub-contractors. For example, when does the electrician and plumber need to come in or when will you be ready for the tiler? What time of day will they begin work and what days of the week? What will the contractor do if there is a delay due to materials or labor? For even more information about hiring and making a contract with a contractor, please see our previous article How to Hire a Contractor: Working as a Team on Your Next Home Project.

Demolition: Once you have removed all the dishes and other small items, the big demolition will begin. Even if you are just replacing a small section or part, there may be demolition involved. Usually appliances are removed first, then sinks, then fixtures, then countertops, then cabinets and finally flooring.

The Remodel: After everything is taken out the first couple items that will be done will be any reframing, plumbing changes and electrical wiring. Any plumbing and electrical work will need to be inspected before they can be sealed back up. You may only have portions of wall removed for this type of work. Once the inspection is done and the walls are in place, the cabinets will usually be the first item installed. After the cabinets are in place, your new countertops will be installed. After the countertop and any backsplash is done, the flooring will be installed. The final items to be done will be all the finishing work such as installing light switches and fixtures, installing the sink and faucet, and finally, installing the appliances from the garbage disposal to the refrigerator. Keep in mind, if any of the appliances are built-in, they may be installed earlier. Extra care should be taken to make sure they are not damaged while other work continues!

If Things Go Wrong: Stay calm! Delays may happen. The worst case scenario is if there are any miscommunications between you and any of the professionals working on your home. This can be anything from timing to cost. Make sure to get all details in writing before any work begins!

  • You should have a section in your contract that states what is expected if there is a delay due to material delays, staffing delays, etc.
  • Stay involved in the process and don't be shy - get progress reports daily!
  • If a problem does arise, contact the contractor immediately, a good contractor will respond quickly and appreciate you speaking with them directly. If there is any question about the quality of work, you may consider having an inspection done early to ensure everything is on track.
  • Never pay for the job fully in advance. Many contracts work out a payment plan that will include paying a certain portion as various stages of the project are completed.
  • If there are disputes, make sure to write your concerns down and keep records that you have communicated all of these concerns with the contractor.
  • You will save yourself from a headache if you make sure to: Get it in writing, get the work described in detail and leave no questions unanswered.
  • Again see our article How to Hire a Contractor: Working as a Team on Your Next Home Project for more details about hiring contractors and sample contracts.

Finally - It's Done!: With a major remodel there may be another building inspection of the site on completion. Once that is done you are ready to clean up and move back in! Enjoy your new kitchen. Take pictures and keep a record of all your new appliance, cabinet and other big item warranties.

Conclusion

One of the most major remodels of the home is the kitchen. Take time to plan it out carefully, store a lot of patience, and get ready for one of the most intense but rewarding remodels to your home! It can be done, there are many people out there to help you get it all organized. We hope you find the above short list of things to consider for a kitchen remodel helpful. To the right of the article are some additional sites that will help get your creative ideas going. Enjoy! 

Other Useful Sites

Do It Yourself.com
ww.doityourself.com/scat/kitchenc
tchen remodeling will increase the design, function and resale value of a home. This section provides information about building kitchen cabinets, re-facing kitchen cabinets, selecting a kitchen cabinet style, selecting a kitchen countertop style, and planning a kitchen design that will look great and maximize the amount of available storage space.

HGTV
http://design.hgtv.com/kitchen/
HGTV KitchenDesign is your ultimate online destination for all things related to kitchens: design and decor, renovation and remodeling, appliances and products. Utilizing original video content as well as the rich television libraries of HGTV, Food Network, DIY and Fine Living, we show you everything you'll ever want to know about your kitchen.

Improve.net
www.improvenet.com
Welcome to ImproveNet's Kitchen Remodeling Center. In these and supporting pages, you'll find information and ideas for kitchen remodeling, from kitchen cabinets to kitchen countertops and everything in-between. Our goal is to inform you, give you kitchen remodeling ideas and direction and show you some examples of kitchen designs to get you started. For their kitchen cost estimator click here.

Kitchen Remodel Ideas
ww.kitchenremodelideas.com
itchenRemodelideas.com is a guide to new products for your kitchen.

Kitchens.com
ww.kitchens.com
Kitchens.com is the Web’s most comprehensive consumer resource on kitchen design. We invite you to: Be inspired by our Featured Kitchens and Photo Gallery. Learn the basics of Design and Products & Materials. Check out the latest New Product News and Trends. Follow the Kitchen Diaries for the homeowner perspective of the remodeling experience. Get started on your own kitchen project at Budget & Planning or our Professional Locator

National Kitchen & Bath Association
www.nkba.org
National Kitchen & Bath Association has created the NKBA Kitchen & Bath Workbook. This workbook will take you through every stage of creating that perfect space, whether it's new construction or a remodeling project. From selecting a designer, to collecting ideas and establishing a budget, this workbook will help turn your dreams into a reality.

Renovation Experts
www.renovationexperts.com/green-kitchen.asp
Whatever the reasons and goals are, there are more options available today for Greening your kitchen. Green kitchen design can be eco-friendly with out losing luxury and style.

This Old House
ww.thisoldhouse.com/toh/knowhow/kitchens/pk
Kitchen Know How - Cabinetry, Countertops, Kitchen Sinks, Backsplash, Appliances, Wet Bars, Design and Outdoor Kitchens.