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SELLING YOUR HOME? USE THESE TIPS!

Increase The Curb Appeal Of Any House.

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Clean up the outside.

  • Curb appeal is the first impression of your house. Keeping the grass cut and the area tidy will help make a great first impression.
  • Paint or wash the exterior of the house (including window casings, shutters, and doors).
  • Wash the windows inside and out.
  • Check the gutters and chimney.

Increase The Curb Appeal Of Any House. Simple, low-cost curb appeal and house makeover improvements that anyone can do in a weekend. Or, there are many landscaping companies that can help with the job if time is an issue.

Touch up the interior.

  • Put a fresh coat of paint in the most used areas of the home. This will clean as well as brighten up the rooms.
  • Wash the walls where paint is not appropriate (i.e. wall paper, paneling).
  • Wash all floors and bathroom tiles.
  • Shampoo dirty carpets.
  • Get rid of clutter. Clean out your closets, garage, basement, and attic. Use shelf storage if necessary.
  • Replace air filters to help keep the dust down.

Replace bathroom and kitchen fixtures that are worn or leaking.

  • People will notice a leaking or worn-out faucet. By replacing these items, you will give a new look to the room.
  • Clean under the sinks. If there are any leaks, fix them. Then clean up the damage using contact paper or paint.

Home Improvement Contractor. Find and research local contractors, and get free no obligation quotes on your home improvement projects.

Get rid of any bad smells in your home.

  • Pay attention to pet or cigarette odors.
  • Place scented potpourri around the house.
  • On the day you're expecting a potential buyer, pop a batch of frozen cinnamon rolls, home-made bread, or an apple pie into the oven for a great aroma.

Chimney caps, yes or no?

Our home inspector recommended that we install a chimney cap on the older home that we are buying.

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Q Our home inspector recommended that we install a chimney cap on the older home that we are buying. The chimney has not had a cap in it’s 60 plus year life, so why put one on now?

A In my practice as a home inspector, I always recommend the installation of chimney caps. Chimney caps serve a variety of purposes. They keep animals such as birds, squirrels and rodents from entering the chimney and in some cases the crawl space. A 60 year old home may have had an oil-fired furnace in the crawl space or basement which would have been vented through the chimney. The vent pipe opening provides direct access for critters. It is not unusual for rodents to crawl down through the chimney into the crawlspace seeking a warm place to nest. Chimney caps also keep out rain and debris such as leaves that can collect in the flu. Chimney caps also serve as spark arresters. Most caps are not expensive, and your local chimney sweep can recommend the one that is best for your chimney.

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.

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.

GFCI circuits in older homes

We recently bought an older home which has undergone some renovation.

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Q. We recently bought an older home which has undergone some renovation. The sellers installed three-pronged outlets throughout the house and GFCI circuits in the kitchen, bathrooms and on the exterior. Our home inspector said that the house wiring is the original two wire non-grounded system, and that even though we have three-prong plugs they are not grounded. He also said that the GFCI receptacles would not function correctly, because there is no ground wire. Do you agree with his assessment?

A. Your home inspector is correct in telling you that your outlets will not be grounded. A third or ground wire is necessary for proper grounding of receptacles and fixtures. Having a two-wire system is not a problem in and of itself unless you are using electrical equipment specifically designed to be grounded. The three-prong plugs are more of a convenience since nearly all electrical devices now come with a grounded plug. Regarding the GFCI (Ground Fault Interrupter Circuit) outlets, they need not be grounded in order to work properly. Simply put, the GFCI is a safety device that protects people from electric shocks by sensing current moving in a way that it should not, and instantly shutting down the circuit. On a grounded circuit, it does this by sending the current to ground. On an ungrounded (two-wire) circuit, it does the same thing by sending the current back to ground through the neutral wire. A properly wired GFCI will work just fine on a two-wire circuit. The GFCI outlets have test and reset buttons on their face. To test for proper operation, simply push the test button. If you hear a snap, the circuit has tripped, and you can test it by plugging in a lamp or radio. To turn the power back on, simply push the reset button. If you are still not sure, call a qualified electrician and have him check all your GFCI receptacles.

Clean to Green

Spring clean your way to the ultimate garage sale!

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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