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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):

Becoming a Landlord

How to be a Good Landlord

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Perhaps you inherited property or purchased property as a new investment and now you are contemplating becoming a landlord. If you decide to rent an extra piece of property, you should know some ground rules. In this months article, 'How to be a Good Landlord,' we will discuss some of the basics that every landlord should know. We will discuss what it takes to be a landlord, what makes a good rental property, what are your responsibilities as a landlord, how to advertise your property, how to avoid legal pitfalls and how to evict a tenant if the relationship deteriorates. Overall, this is a short list, hopefully it will help you start with a little more direction and know-how.

Do you have what it takes to be a landlord?

The decision to become a landlord should not be taken lightly. Contrary to popular belief, this is not the type of job where you just sit back and watch the cash flow in. Regardless of the challenges, more than half of landlords are self-employed. Doing it yourself will mean you take on the responsibilities of a small business owner. You need to have great communication skills. You will be working with all types of people; sometimes even the difficult ones. Being an effective communicator in person and in writing is vital. You are an accountant. This includes everything from rent payments and deposits to repair and maintenance costs. You are a manager. You may have staff to train and watch over. Their professional behavior reflects upon you and your property. If they are inconsistent with your policies they can damage your business or even get you into legal trouble. You may also need to contract repair or maintenance jobs you cannot complete on your own. You will need to project manage these items through to completion. You are a marketing director. Getting your place advertised and your units filled is an ongoing challenge. Advertising also includes many legal regulations that you should know (more on this below). Your knowledge of this business should also include legal knowledge. Consulting a lawyer is recommended for anyone starting as a landlord, especially since every state has specialized landlord/tenant laws. But in addition to this, you will be responsible in making sure any staff or contractors you use also know the laws when working with tenants. You should be dedicated and patient. Being a landlord is a tough road to start. You should be prepared for hard work with a slow, trickle-in type of income, especially at the beginning. On average, a landlord should only expect about a 10% profit annually. The rest of the monies will be recycled into items such as mortgage payments, taxes, repairs, management costs, insurance, advertising and a rainy day fund (to name a few). There are tax breaks available to landlords, however, these are not enough to turn your profit margins sky-high. These qualities listed above will help you become a great landlord.

Perhaps there is a trait above that gives you pause. "I really don't want to manage all the accounting." or "I don't want to live onsite or nearby." All is not lost. You can hire a property manager. Doing so will cost you about 10%/month of any monies the property takes in. However, it can be a wonderful way to manage your business. When looking for a project manager, treat it like any other contracted service. Perform rigorous interviews, check references and make sure you have the same ideas about responsibilities of each party. Find out if they are insured, if they already have working contracts with maintenance and repair companies, and if they charge any extra fees for these contacts. Once you decide on a property manager, be certain to create a detailed contract covering all responsibilities. As with any of your other endeavors with your rental property, keep all your records and agreements in writing! Other professionals you may use to help manage your property include accountants, maintenance specialists, marketing directors and lawyers. Of course all of these will eat into your profit, but be honest with yourself and utilize these people when you need them. You can save yourself headaches down the road if you strengthen any weaknesses at the beginning.

What makes a good rental property?

When purchasing a rental property, there are some important questions to ask:

Do you have a enough for a down payment? Because rental property is viewed by lenders as a higher risk, you may be asked to put as much as 25-40% down on the property. Lenders calculate about 75% of your mortgage payment will come from renters. This leaves you with 25% to make up and even more if you cannot rent all the units. They may give you the option for a lower down payment at a higher interest rate. However, the higher interest rate may defeat any benefits.

Could you live on the property? If you use one of the units as your own residence this will help lower the risk factor for lenders. Lenders can offer a lower down payment and you can learn the ropes of being a landlord without being far from your investment.

Can you get the rent you need for the mortgage? Take a look at the neighborhood and compare the rental costs. Your rental rate needed to cover mortgage should not be too far above the market or you will lose your ability to rent units. - If you inherited or already own the property, you should consider if you can meet current mortgage payments. It may be more beneficial to sell the owned/inherited property and reinvest in another neighborhood.

Is the building up to code? Make sure to hire a home/building inspector before purchasing the property. Make sure the inspector is aware that you hope to rent the place as this may change some safety and code requirements. Take time to make yourself familiar with codes for your locality. This will help you ask better questions and understand any improvements you may need to make.

Is the property maintained? At first you may think it won't be a problem to repaint, re-roof, update the wiring and plumbing, etc. until your list becomes too long for the investment to be worthwhile. Again, hire a home inspector and make certain you know what needs repair and the estimated cost of repairs before you buy.

Is the property secure? Review reports on neighborhood safety. Check for ample lighting, especially at entrances and in parking areas. Make sure windows and doors are solid. Consider the cost to change all the locks and add window locks. Think about the security of your tenants in the property.

What are the responsibilities of a landlord?

Let's assume you are going to take on most of the business yourself and have found a wonderful property to rent. Now, what are some of the responsibilities you have as a landlord?

Tenant Screening: Your first interaction with possible tenants will be the background check that includes a financial review and calling references. Overall, you must perform background checks fairly. You should not do the check on one person and not on the other as this favoritism, or "trusting your gut feeling," is a disservice to all involved. You owe it to yourself, possible tenants and current tenants to perform fair background checks. For yourself, you can avoid headaches with tenants that don't pay the rent or have caused problems, such as costly repairs, in the past. For possible tenants, you may be providing that reality check - can they really afford your rental? For your current tenants, consistent background checks let them know you are looking after your investment giving them a sense of security. On average, working with an agency, this will cost you about $20 per check; an investment well worth the cost.

Clear, Consistent Communication: To avoid any misunderstandings, make sure all your interactions with tenants are clear.

  • HAVE A CONTRACT! Make sure you supply the tenant with a copy of the contract so they may reference it if any questions arise. Review the contract with a renewing tenant and discuss any questions they may have over the language or meaning.
  • Collect rent on a schedule. Keeping consistency with your tenants is imperative. If you are too lax one month, you may have a hard time collecting rent the next month. Or, if you are lax with one renter and not another you can create tension or even a legal issue.
  • Always provide written notice before entering a tenants space. This varies from state to state. However, for good business practice and common curtsey, let the tenant know when you need to enter the property they call home.
  • Use signs, flyers or other WRITTEN communication to inform tenants of policies and policy changes. Provide all tenants with copies and/or make clear postings around the complex.
  • Serve notices and warnings in writing. Verbal notices will not protect you if a situation deteriorates. Make certain to give your notices in writing and make yourself available for questions or discussion. Serving a notice and then disappearing from sight does not offer clear communication and can aggravate a situation!

Provide a Safe and Maintained Environment: Every landlord should offer tenants a living space that is up to code, safe for habitation and in working order. Even if you decide to contract out maintenance services, you should provide your tenants with repairs in a reasonable amount of time. Make good relationships with contractors that understand the nature of the work and are willing to come out after normal working hours. Save money for a rainy day so you can pay for emergency repairs when they arise. Maintaining the property will encourage tenants to take pride in their home and maintain their surroundings. Also, strive to make your tenants safe. You cannot control all conditions. However, changing locks, providing ample lighting for parking and having emergency procedures written and distributed are a few of the ways you can keep your tenants safe.

How do you advertise a rental property?

Advertising a rental property is important for getting units filled. Today you can use everything from word of mouth to online sites to advertise your property. In larger cities, you may even use "finding agencies" or real estate agents/brokers to advertise. When advertising your property, keep a clear list of amenities and useful services in the neighborhood. When composing your advertisement you must watch your wording as you cannot exclude any demographic. There are many federal laws/protections that regulate how you advertise your rental. The fair housing laws make it illegal "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." (Source: U.S. Code Collection - Cornell University Law School). In addition to this clause, many states and cities may also prohibit discrimination based on marital status and sexual orientation. Most landlords have good intentions to rent to all qualified tenants. However, there are certain ways of wording advertisements which may be perceived as discriminatory. For this reason, you should carefully choose your wording when advertising your rental property. Avoid words and phrases such as: prefer, suitable for, ideal for, ethnic neighborhood [or other cultural identifiers]. For a good list, take a look at the Pennsylvanian Human Relations Commission's Reading Between the Lines: A guide for housing and commercial property advertisements as they include a list of terms to avoid. Another resource for examples is the Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act by the US Department of Housing and Urban Development. Keep in mind this good rule of thumb: always describe property, never describe people.

What are some legal pitfalls to avoid?

There are a lot of legal concerns when renting out property. As we have seen, the law influences advertisements of rentals. In addition to this, you create a contract agreement with your tenants every time you rent. Therefore, it is important to have sound legal advice as a landlord. Establish a relationship with a lawyer who you may hire for any contract questions or possible representation. No one ever wants anything to get as far as a lawsuit. So here are some ways to avoid legal pitfalls in the first place:

  • Always perform background checks with every possible tenant.
  • Call tenant references.
  • Treat every tenant the same in process; never cut a corner for one tenant because of a "gut feeling" or personal relationship.
  • Keep all notices in writing. 
  • Keep all due dates consistent from month to month and from tenant to tenant. 
  • Always perform background checks on any staff.
  • Make certain all staff are trained. They should know what they can and cannot do for tenants. If they are handling rental paperwork or advertising, they should know fair housing laws.
  • If you contract out maintenance work, make certain they treat your tenants professionally. Although they don't work for you full time, they do represent you since you hired them.
  • Keep housing up to code and safe for living.
  • Investigate any complaints against your staff immediately.
  • If a situation arises, consult a lawyer. Know how to legally proceed before taking any action.

How do you evict a tenant?

Evicting a tenant is one thing all landlords would rather avoid. However, sometimes circumstances deteriorate and eviction is the only feasible solution. If you have tried open communication but cannot get the tenant to pay rent or obey rules of the property it may be time to start the eviction process. The rules behind evicting a tenant vary from state to state. It is therefore imperative you discuss your options with a lawyer. Indeed, for the best security, you may want to do the whole eviction process through your lawyer. Regardless of the ups and downs involved with evicting a tenant, make certain to always maintain a professional decorum. Do not allow personal emotions to collide as this can only lead to further legal issues. Keep all of you requests in writing. The first step to any eviction is to send a written notice for them to pay back rent, fix problem behavior or move out. For example, in some states you may send a Demand for Rent or Notice to Quit form to a tenant who is behind rent payments. Or you may send a Notice to Cure Breach of Lease to inform the tenant that they must fix behavior that is contrary to your rental agreement. A Notice Regarding Termination of Lease may be used in some states when there is no chance for reconciliation. For example, the tenant is involved in illegal activity on the premises such as drug trafficking. If problems have not be rectified after notices have been given, then a suit is filed against the tenant. Upon winning this, it is law enforcement personnel who deliver written notice when the tenant may remove their items from the premises. You should never remove a tenant's items yourself. Using the police will ensure that you cannot be accused of taking or damaging any of the tenant's property. Essentially, make certain to obtain legal advice, serve warning notices required by your state, keep all notices and communication in writing and use local law enforcement to help keep you protected from any accusations of unfairness.

None of the above is a substitute for legal advice. An attorney should be consulted.

FREE Rental Agreement Forms

In cooperation with our partners at Lawchek® and Lawsonline™, Homecheck is pleased to provide a sample Rental Agreement Forms for FREE. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted.

  • Blank Rental Agreement Form Example Rental Agreement Form
  • Blank Apartment Lease
  • Blank Notice to Quit "

This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2008 by LAWCHEK, LTD."

Resourceful Links

Fair Housing by CivilRights.org
www.fairhousinglaw.org 
The Fair Housing National Multimedia Campaign is designed to increase public awareness of the Fair Housing Act and its protections, encourage the reporting of fair housing discrimination to the appropriate agencies, and provide information and resources to help communities and institutions support individuals and families who exercise their fair housing rights.

Landlord.com
www.landlord.com
In early 1998 the decision was made to spin Landlord.com off as a separate entity, dedicated to providing services to landlords and other real estate professionals on-line.

National Fair Housing Advocate Online
www.fairhousing.com
The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination. Find local organizations to help with any Fair Housing questions: http://www.fairhousing.com/index.cfm?method=agency.search

National Fair Housing Alliance
The National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing.

US Department of Housing - Home & Communities
www.hud.gov/offices/fheo/
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. We can help you with your housing discrimination problem. If you feel your rights have been violated, let us know.

US Department of Justice - Fair Housing Act
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability.

Some Myths and Realities about Real Estate Appraisals and Appraisers

Assessed value should equate to market value.

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Myth: Assessed value should equate to market value.
Reality: While most states support the concept that assessed value approximate estimated market value, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of the improvements, or when properties in the vicinity have not been reassessed for an extended period.

Myth: The appraised value of a property will vary, depending upon whether the appraisal is conducted for the buyer or the seller.
Reality: The appraiser has no vested interest in the outcome of the appraisal and should render services with independence, objectivity and impartiality - no matter for whom the appraisal is conducted.

Myth: Market value should approximate replacement cost.
Reality: Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind.

Myth: Appraisers use a formula, such as a specific price per square foot, to figure out the value of a home.
Reality: Appraisers make a detailed analysis of all factors pertaining to the value of a home including its location, condition, size, proximity to facilities and recent sale prices of comparable properties.

Myth: In a robust economy - when the sales prices of homes in a given area are reported to be rising by a particular percentage - the value of individual properties in the area can be expected to appreciate by that same percentage.
Reality: Value appreciation of a specific property must be determined on an individualized basis, factoring in data on comparable properties and other relevant considerations. This is true in good times as well as bad.

Myth: You generally can tell what a property is worth simply by looking at the outside.
Reality: Property value is determined by a number of factors, including location, condition, improvements, amenities, and market trends.

Myth: Because consumers pay for appraisals when applying for loans to purchase or refinance real estate, they own their appraisal.
Reality: The appraisal is, in fact, legally owned by the lender - unless the lender "releases its interest" in the document. However, consumers must be given a copy of the appraisal report, upon written request, under the Equal Credit Opportunity Act.

Myth: Consumers need not be concerned with what is in the appraisal document so long as it satisfies the needs of their lending institution.
Reality: Only if consumers read a copy of their appraisal can they double-check its accuracy and question the result. Also, it makes a valuable record for future reference, containing useful and often-revealing information - including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, neighborhood description and a narrative of current real-estate activity and/or market trends in the vicinity.

Myth: Appraisers are hired only to estimate real estate property values in property sales involving mortgage-lending transactions.
Reality: Depending upon their qualifications and designations, appraisers can and do provide a variety of services, including advice for estate planning, dispute resolution, zoning and tax assessment review and cost/benefit analysis.

Myth: An Appraisal is the same as a home inspection.
Reality: An Appraisal does not serve the same purpose as an inspection. The Appraiser forms an opinion of value in the Appraisal process and resulting report. A home inspector determines the condition of the home and its major components and reports these findings.

J. Myers & Associates Inc. 5098 28th Avenue South West Naples, FL 34116 Phone: 239-793-3430 Fax: 239-793-3430 E-mail: JasonMyers@embarqmail.com E-mail: JasonMyers@embarqmail.com

Insurance Coverage in an Economic Recession

Limiting Your Risk When Cutting Costs

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Lately, when we turn on the news, we hear about a troubled economy and an unstable job market. The constant barrage of bad news has encouraged most of us to cut spending wherever possible. Perhaps a household will cancel cable TV for a year, limit their cell phone plans, reduce the number of times they eat out as a family, or tackle another cost reducing option. As many different "belt-tightening" measures are taken, everyone should be careful they don't cut the essential items. One annoying essential is the cost we pay for insurance - there is no guarantee we will need it in the near future (in fact, we hope to need it as little as possible), however, if an accident does happen and we don't have coverage, the costs could send us into bankruptcy. Understandably, if a bread-winner of the household loses their job, it is tempting to cut costs where we cannot see the immediate need. This said, it is far better to reduce coverage than to go with no coverage at all.

Before we discuss insurance any further, let us get this down now - it is not worth the risk to eliminate insurance coverage completely.

  • For homeowners insurance, your mortgage lender will require that your home is at least minimally insured. However, it is possible to let your insurance coverage lapse if you don't pay your bills or mortgage. A few months lapse does not mean you lose your insurance right away. However, letting it go longer than a couple of months will leave your home uninsured. When you then try to reenroll your coverage, the insurance company may charge you as much as 2 or 3 times more depending on how long you went uninsured - you have become a higher risk client. If you do not reenroll and let your insurance continue to lapse, your lender can take action to protect their investment. A lender may enroll the house in an insurance policy which they then add to your loan payment. However, they will be the party to receive funds if the home is damaged (i.e. fire). Essentially, you will be forced to pay for an insurance of their choosing (maybe at a higher rate) but you will not receive the benefits of the original coverage under your name.
  • Basic automotive insurance is required by law in most states. If you are driving uninsured, you could be faced with a lot of out-of-pocket expenses as well as legal fines if you are ever in an accident. Again, if you drop insurance coverage and reenroll later, the insurance company may charge you as much as 2 or 3 times more depending on how long you went uninsured as you are a higher risk client. For a chart detailing the amount of coverage required in your state, click here to visit Insure.com. Before you cut your auto insurance to the bare minimum listed, consider some of our insurance shopping tips listed below that may help you lower your costs.
  • Finally, what about health insurance? It is estimated that this year the number of Americans without health insurance is as high as 52 million. Most Americans rely on their employers to help cover some of their health insurance cost. However, as premiums rise for companies, they are forced to increase the contributions of their employees. So in today's economy, both those with jobs and those who have lost their jobs are struggling to keep affordable health insurance. Everyone should have health insurance to offset the astronomical cost of emergency health care. Those without insurance may find that the ambulance ride alone may break the bank and leave them with more debt than they can possibly afford to repay. Below we have provided some strategies for obtaining cheaper health insurance.

The above said, let us see how you can cut some of your insurance rates!

Cutting your insurance costs does not mean you should go without coverage. Instead, be a savvy consumer and do your research and shop around. Recently an insurance company ran an ad where they asked consumers how long they shopped for their car and received answers from a week to even a couple of months. When they then asked how long they shopped for insurance, there was a pause and the usual answer of, "Er, uh, less than an hour." This commercial proved a good point about how many people approach shopping for insurance with less care than the big ticket items to be covered. Here are some shopping tips to help you find the best price and coverage.

Strategies for obtaining discounts on home, automotive, and health insurance

SHOP before you DROP your money! As the commercial we used as an example above, and as we keep mentioning over and over, nothing can beat comparison shopping. Use the web to your advantage as there are so many quote and comparison sites available. If you aren't comfortable with the web, do some calling around to your local agents. It is worth your time and money! 

Considering the online insurance option? You may give up on some individualized care, but the cost savings may be worth it. Consider these PROS and CONS before you buy online insurance coverage:

The PROS - There are many benefits for utilizing online insurance:

  • Easy Comparison Shopping: Using insurance websites, you can compare coverage and prices on almost any type of insurance. You can also browse the individual insurance carrier websites once you have narrowed your search. Almost all companies now have libraries and tools for you to learn more about their services online.
  • Your Time Is Money: Shopping for insurance online can be done at any time of day. It is hard to get time away from your daily schedule to sit down and comparison shop with insurance brokers, or indeed, individual agents.
  • Low Pressure: Let's face it, many people find it easier to stand firm without the person-to-person contact. Users feel they can be more savvy and better informed when every option is at their fingertips rather than relying on an agent's account.
  • Save Money: Due to the time needed to comparison shop, the pressure to stay loyal to one company, and the uncertainty of other companies, some may lose money by staying blindly loyal to their insurance carrier. The online market allows for easy comparison shopping, less pressure, and research tools to learn more about other companies. By becoming well informed, you can work out a better rate with your current provider or move to a new provider who offers better coverage for your dollar.

The CONS - Be aware of these complications when purchasing insurance online:

  • Understanding Coverage Options: Without an agent to explain 'insurance speak,' you may not know all the coverage you may need. This is especially the case for those getting insurance for the first time. However, if you have discussed options with an agent before and have a generally good idea of the type of coverage you will need, this may be something that is manageable with a little extra research.
  • Is that quote really a deal: All quotes may not be equal. Take care to examine all the coverage included with quotes. The online quotes may help you narrow your search, but should not be taken at face value because not all companies offer the same 'comprehensive' coverage.
  • Buying Insurance Coverage In Your State: Not all states allow you to purchase insurance online. Some allow you to get quotes but still require you to meet with an agent before signing any contracts. Also, because the Internet clouds locality, you will need to make sure the insurance carrier is licensed in your state.
  • Individual Customer Care: Do you really want to push 1, then 2, then 4 to talk to someone about your insurance coverage? Working with a local agent still offers the advantages of individualized customer service. They will also have a better knowledge of the coverage their carrier provides and can help you understand all of your options. They may also be aware of more discounts available to you that you may not know to ask for online. In this way they can offer better individualized care.

For more information about purchasing insurance online, read our article 'Online Insurance: Is Online Insurance Right for You?'

  • Look for and Ask about Discounts: All insurance companies offer discounts, however, not all of them will offer a discount if you don't ask. Since not all insurance companies are upfront with all the discounts they offer, it is best to shop with this at the top of your list of items to ask about. Discounts are available for all types of coverage and include everything from being a long-time client to paying your policy in full (rather than monthly). Homeowners can get discounts by making certain upgrades to their home that make the home more secure and/or energy efficient. Automotive insurance often has the most selection of discounts ranging from a good driving record, a short daily commute, or even a high grade point average (for those student drivers in the house). Health insurers will give discounts for clients in good health - if you lead a healthy lifestyle with regular exercise, no smoking or drinking, you may find completing a health survey will save you money on your premium.
  • Raise your Deductibles: By raising the amount you pay out-of-pocket in the case of an emergency, you can lower your rates substantially. Higher deductibles will mean that you may have to pay as much as $1000 or more out-of-pocket per event. However, it does provide a safer gamble compared to no insurance at all. For health care you may consider a high deductable plan for "emergency" or "catastrophic" insurance. These plans will only cover a major accident but, if you are in good health and don't need a lot of medications, this plan can help offset high rates. However, keep in mind that you will have to pay over $1000 out-of-pocket and these plans will not cover routine doctor visits. Instead, combine this insurance with a Health Savings Account for the best rounded coverage.

MORE Strategies for obtaining discounts on home and automotive insurance: Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. 

  • Bundle to Save: Using one insurance provider to cover your home and vehicle can help save you money as most insurance companies provide a discount to get your business. This will save you money if you check with your current provider, but don't be shy, take advantage of online comparison sites or do some calling around. You may be surprised at the differences!
  • Review your Policy: Make certain you review your policy at least once a year. There may be adjustments you can make in coverage. For example, as your car gets older and subsequently worth less than when you first bought it, you may find you need less coverage. For your home, you may find you have sold high insured items from your household or take inventory and realize you don't need to cover that old computer or entertainment center for as much as you did before. Examining your Personal Property Value may lead to areas you can logically cut coverage.

For more information about homeowners' insurance, read our article 'Understanding Homeowners Insurance.'

Insurance Company Rankings

• AM Best Company - Insurance Reports http://www.ambest.com/homepage.asp
• Consumer Reports (requires membership for ratings) http://www.consumerreports.org/cro/money/insurance/index.htm Standard & Poor's Ratings http://www2.standardandpoors.com/
• US News & World Report - Top Health Insurance Companies http://health.usnews.com/sections/health/health-plans/index.html

Online Insurance Comparison Sites

• Insurance.com www.insurance.com
• Quicken http://www.quicken.com
• InsWeb www.insweb.com Insure.com www.insure.com
• eHealthInsurance www.ehealthinsurance.com

 

Landscape Your Paradise

How to Select a Landscape Designer

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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!

Homecheck Autumn Harvest

Fall is traditionally associated with harvesting and stocking up for the winter ahead.

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Fall is traditionally associated with harvesting and stocking up for the winter ahead. However, many locations in the U.S., even those accustomed to getting heavy snow in the winter, may embrace the fall as a great time to extend their garden harvest and continue to play with their landscape. Gardeners may continue to plant a regular 'salad mix' and root vegetables through November. Fall is also a great time to plant bulbs and other plants for the following spring. Landscapers who think ahead may already have some great flower varieties showing off their colors in the fall. Finally, fall is a great time to take advantage of mild temperatures to prepare the plants and soil for the winter ahead. There are many projects for the fall garden to keep all green-thumbs happy!

"Autumn, the year's last, loveliest smile." ~ William Cullen Bryant

Part I: The Garden

• There are many quick growing vegetables that enjoy the milder fall temperatures. There are also some longer growing vegetables that don't mind a little frost and may be planted early fall for a harvest in November/December. Some of those that can help keep your green thumb busy are: Arugula - Beets - Broccoli - Cabbage - Carrots - Cauliflower - Leeks - Mustard - Radish - Scallions - Spinach - Turnips - Winter Squash (click on each for more information)

• As you enjoy your fall vegetable garden, keep some of these tasks in mind to prep the soil for your spring planting.

  1. Remove dead plants. If you keep them there they may become a hiding place for pests. Instead, collect healthy remains and place them in a compost bin or discard completely. Also remove old stakes and twine, this will just get messy over the winter and become more of a headache to clear out come spring.
  2. You may till some dead leaves and compost into the soil to add nutrients over the winter. However, be careful not to have too much as you do not want to mat the surface. Tilling your soil in the fall can also expose any pest larvae to freeze in the winter. Finally, take a soil sample; fall is a great time to add lime or sulfur to adjust the soil pH for spring.
  3. If you have a mild enough winter, you may want to consider cover crops such as clover and rye grass (ask your local garden store for localized suggestions).
  4. Do not fertilize as this will wash away before your spring planting - save your money!
  5. Use time in the fall and winter to sketch out next years garden. Doing this early will help you decide if you should make any adjustments or amend soil in certain areas now.

Part II: The Landscape

• Looking for a little color around your house in fall? try some of these plants to add color to your home with their vibrant fall colors and blooms: American Cranberry Bush - Chrysanthemum - Burning Bush - Iris (re-blooming) - Kale - Pansies (click on each for more information) 

• Or perhaps you are considering your spring flowerbeds. These plants can be planted in the fall to make sure they are established for a spring awakening: Allium - Crocus - Daffodil - Hyacinth - Iris - Tulip (click on each for more information)

• Fall is also a great time to introduce new plants to your landscape. Many of your large plants such as trees and shrubs do best when planted in the spring or fall. Planting in the fall allows them milder temperatures to get established before the winter.

• Now is also a good time to relocate plants that may not be happy in their current location. Also, perennials such as Daylilies, Geraniums, Irises, Lambs Ears, and Peonies may be divided and spread in your landscape for a new bloom next year. Now is the time to clean up your landscape and prep your plants for the winter ahead.

  1. Water all your plants - it may be wet, but they will appreciate a good drink before the ground freezes.
  2. Cut away - cut back perennials and add to the compost bin. If you have any question about the health of the plant, discard the cuts instead. Also cut back any evergreens and shrubs; at this point you are mainly cutting out dead or diseased stems on the plant.
  3. Clear debris such as leaves and pine needles from the base of your plants. Crushed dried leaves can be used to make mulch or compost. Some gardeners may also use pine needles for mulch, however, pine needles can make a more acidic soil.
  4. Dig up the annuals - they have had their moment of glory, add them to your compost bin.
  5. Lawn care - continue to mow your lawn until it stops growing. Make sure to rake leaves to prevent molding and dead spots. You will also want to fertilize the lawn once in the early fall and again after it stops growing.