As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Welcome back to Rocky’s Corner! Last month we discussed Part 2 of an 8 part series of Preventive Maintenance Tips for your Home that included every month and every 3 months suggestions.

This month we have completed handy tips for every 6 months. Every 6 Months

SMOKE AND CARBON MONOXIDE DETECTORS: Change batteries and check to make sure they are operating properly. Check with your local building department to see if newer codes recommend adding more detectors than were required when your home was built Consider installing a carbon monoxide detector if you don’t currently have any.

BASEMENT AND FOUNDATION: Check for cracks and moisture and make any necessary repairs.

TOILET: Check for leaks in water feed, tank bottom and repair or replace the toilet if necessary. Consider changing older models for newer.

INTERIOR CAULKING AND GROUT: Inspect caulking and grout around tubs, showers, and sinks; clean and replace if deteriorating.

PIPES: Check your pipes for rust or white lime deposits that may indicate a leak is starting; replace if necessary. Check for leaking around the outside hose bibs. Install insulation around outdoor water pipes to protect from freezing.

WATER HEATER: If you do not routinely flush a quart of water from the tank four times a year, then every six months you should turn off the power source and drain it completely until it’s clear of sediment. Also inspect flue assembly (gas heater); check for leaks and corrosion. A leak usually means the bottom of the storage tank has rusted through. You’ll probably benefit from replacing it with a more energy efficient model.

CENTRAL AIR CONDITIONING SYSTEMS: At the beginning and end of each cooling season, vacuum out the unit and lubricate the motor. If the unit is not cooling properly, contact a technician to check the pressure level of the refrigerant.

GUTTERS AND DOWNSPOUTS: Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can’t erode the soil around the foundation or run into your basement or crawl space. Install gutter accessories to divert water, channel underground drain lines into existing yard drainage or storm sewers.

NATURAL STONE TILES AND SOLID COUNTERTOPS: Natural stone needs regular maintenance every six months by sealing with an impregnating liquid silicon stone sealer to help repel both water and oil based stains more effectively and be much easier to clean with proper cleaning solutions and methods.

INSPECT YOUR ROOF: Check for warping, aging, moss, and cracking making sure that shingles, shakes or tiles are sound and repair as needed. Inspect the flashing around chimneys, skylights and vents. Seal cracks or openings where water could penetrate. Consider a roof replacement if you notice considerable wear or damage.

SIDING: Inspect siding (especially on the south and storm sides of the house) for evidence of deterioration, including cracks, splintering, decay, and insect damage; clean, treat and repair as needed. Brick and stone: check joints between wood and masonry Waterproof, repair or repaint. Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating . This is evidence that water is getting into the siding. Stucco: a chalking residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stucco’s insulation value. If the stucco is cracked, this allows water to get in around windows and doors. Trim: look for peeling paint on the fascia boards, window sills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings.

LANDSCAPING: Cut back any trees or shrubs that are touching the exterior. Prune deciduous and flowering shrubs regularly to promote healthy growth, control plant size and shape, and increase the number of flowers and fruit. Check with a local gardening service or your county extension agent for information about appropriate measure in your area for fertilizing, thatching, aerating and reseeding lawn, and controlling disease and insects in all your landscaping.

DOORS AND WINDOWS: Clean exterior of upper-story windows twice a year; clean and lubricate sliding-glass-door tracks and window tracks. Lubricate door hinges and locks.

WEATHER-STRIPPING: Check the weather-stripping around all doors and windows and replace if necessary to reduce drafts and the loss of heated and cooled air. Join me next month for Part 4 of our series on Preventive Maintenance Tips for your Home. We will be discussing Maintenance Tips for once a year. Visit us at www.freminshomeimprovement.com

The phrase "buyer's market" is used a lot in the news today. Frankly, it is one. The interest rates are encouraging, although not the lowest for 30 year loans, they are still low and make it a good time to buy. Also, there is quite a choice for buyers to choose from on the market. This only increases as we get into spring and summer. So how do you get your home for sale to stand out from the crowd? Set a realistic sale price. First, know the appraisal value of your home. If you don't, hire an appraiser. You need to know what the bank thinks your home is worth. Setting your price too high can break a sale at closing. Next, take a good look at the market around you. Compare yourself with like homes; homes that are the same age, similar square footage, comparable yards, and in similar neighborhoods. Then see which of these homes have been selling and which have been sitting. Consider how long you want to be on the market. Depending on your location, even a well priced home may take 60-90 days or longer in a buyer's market. Make sure to concentrate on here and now, do not get stuck looking at what your home might have sold for last summer or fall. Facing the reality of how much your home is worth on the current market will help you avoid reducing your price or offering incentives you would rather avoid. Know your competition. As stated above, make sure to compare yourself to like homes. Also, check to see what, if any, incentives comparable homes are offering. Tour some of the homes. Get an idea of what updates have been done. Take a look at how comparable homes are being staged or what they are lacking in their staging. Sometimes using a critical eye on homes you are not attached to can help you discover what potential buyers may be seeing in your home. Get an experienced realtor. Find a realtor who has been selling homes for a while. Especially with the recent fall in home sales for most of the nation, you want to make sure you get a realtor who will avoid knee jerk reactions to a market they haven't experienced before. A realtor who is familiar with your neighborhood and knows what buyers are looking for can help you prepare the house for sale. Stage your home for showing. Set your home up as a model home. Go to an open house at a new development or home and garden show in your area. Notice how there are tasteful decorations that offer the aesthetics without the personality? Take down family pictures, collectables, anything that tells about your personality. You are moving anyway, so get these items boxed up now. You want buyers to walk through your home seeing the home as one they can picture themselves in. You don't want the buyers to walk away thinking, "Wow, they really like Elvis!" Ramp up the curb appeal. Make sure to keep the yard and front walkway pristine. This is the first impression before a potential buyer walks in or even picks up that flyer. Your backyard should be cleaned up as well. Sometimes people forget that the outside of the home can say a lot about the owner. If you have a neglected yard, buyers may wonder if you are neglecting other problems inside your home as well. Fix or update problem areas now. The last thing you want is to get an offer and then have something come up in a home inspection that can break the deal! If you aren't sure, it is not uncommon for buyers to have their home inspected before placing it on the market. Unless you are pricing your home below value as a fixer-upper, then you need to get any repairs done before going to market. Be realistic, although a new kitchen may add to your home, most likely the cost of remodeling will not be recuperated in your selling price. Instead concentrate on items that either have to be done or you can do easily and at little cost to yourself. Offer incentives for buyers. Incentives can vary in scope. Perhaps the carpets are old but you don't want to get them replaced; you can offer a carpeting/flooring allowance. Perhaps you want to drive the buyers to close by offering to pay closing costs. You can pay for other buyer costs such as homeowners insurance, home appraisal or home inspection. In the case of a condo, you can offer to pay the first 6 or x months of homeowner dues. Another incentive that might help is being flexible on your move in date. Respond to offers and questions quickly. Don't let potential buyers sit wondering what happened to their offer. Get back to any offers or questions about the home as quickly as you can. This will include the help of your realtor as buyers will contact them first. Make sure your realtor is a good communicator and will respond quickly!

Many of us obtain our homeowners insurance when we purchase our home. After this initial purchase, we do not give this insurance another thought. It is not until the roof is damaged during a violent thunderstorm, a major appliance fails and floods our basement, or the neighbor's kid slips and fractures their wrist in our living room that we dust off the policy and ask ourselves, "Am I covered for this?" Don't wait until damage or an accident happens to discover what your insurance policy covers. Instead, you should have a good idea of what you are covered for and what is not included. Every year you should assess if your coverage should increase or if there is any optional coverage you may want to add. The purpose of this article is to point out some general characteristics of homeowners insurance and help in determining if you have the right coverage. Obviously this cannot substitute for a consultation with your insurance provider, but it will give you a better idea of what questions to ask. Image of home, crutches and turning road sign.

There are five popular topics concerning homeowners insurance that we will discuss below: types of damage covered, determining replacement cost, determining personal property value, understanding liability coverage, and ways to save money on your policy.

Homeowner insurance policies typically cover damages such as: fire and smoke damage, storm damage (i.e. lightening, wind, hail, ice and snow), water damage (other than flooding as this is separate), explosion, vandalism, theft (some companies are now offering an identity theft coverage option as well), civil unrest, and damage by aircraft and vehicles. You should discuss with your insurance provider any additional hazards you may face in your location such as earthquakes or floods. There may also be hazards you are not immediately aware of that could effect your insurance cost such as your neighborhood crime rate or if you own a Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. Click here for more.pet that is considered to be a high liability risk (i.e. certain breeds of dogs). Depending on the probability of need, you may be required to get additional coverage for these hazards by your insurance carrier and/or mortgage lender. To find out about special hazards in your area, talk with your insurance provider or contact your state insurance commissioner. If you run a home business, you will need to get separate insurance to cover business items such as computers and liability, i.e. if you run a daycare, your standard homeowners will not cover any accidents. Other items that are not covered by your homeowners insurance but may be covered by additional or alternate policies are: tenants, multiple family dwellings, land, theft by those covered in your insurance policy (i.e. recently separated spouses), and cars. Take a look at your policy and review your coverage. Consider how you use your home or where your home is located. Do you need additional or special coverage? This is a question you should review every year.

When choosing a policy, it is important that you consider the replacement cost of your home. The replacement cost is the amount it would take to replace your home. Replacement cost is not the same as the market value of your home as the market value includes the property it stands on and the current housing market. Because of this, it may not be equal to your outstanding mortgage. You can get estimates for replacement cost from appraisers, your local builder/craftsmen association or your insurance agent. Once you have determined how much your home replacement cost should be, you should review it and make any needed adjustments every Condos usually have a Master Policy that covers liability and property for common grounds. Individual policies then supplement personal property, liability and immediate structure.year. Most insurance companies will include an increase of coverage every year to match inflation. However, other items may also require you to adjust your replacement cost. Major remodels to your kitchen or bathroom or room additions can drastically effect the replacement cost of your home. If you use special materials or there is a housing boom making building materials scarce in your area, these too may affect your replacement cost. Another item that may effect your replacement cost is the change in building codes since when the house was built. Even with partial damage, it may be necessary to take the whole area/structure down to bring it up to code. If you own an older home, you should definitely discuss this with your agent. You may also get an extended replacement policy that will help you if your replacement coverage is below what you need. However, it is more economical if you take the time to review your policy and change your replacement cost coverage each year. Finally, keep in mind your policy should also include coverage for living expenses while the home is rebuilt or repaired. With the structure insured for major repairs, you can now consider your possessions.

Determining the personal property value depends on how much time the homeowner wants to invest in itemizing their property. Traditionally, most homeowners are covered at 50% of their home's value to cover personal property. Some pay a bit extra and get 75% of the homes value. Replacement costs like this cover like items, not necessarily the same make and model. You can also make an itemized actual cash value list that will cover items' actual cost minus depreciation. Many opt for percentage replacement coverage and then add a "floater" that will cover individual inventoried items. Major items should be inventoried with make, model, original cost, and documentation by picture or video. Items like jewelry and antiques should also have an appraisal. The documentation of these items should be kept in a secure location like a safe deposit box or a fireproof safe. Even if you opt for the general 50% coverage, you should have a list of your most valued possessions in case theft as this may help in tracking the items down (see more in our Home Security article).

Liability coverage protects you, your family, house guests and pets if they should accidentally hurt someone on your property or hurt someone or damage property elsewhere. On average, liability insurance usually covers up to $100,000 per incident. However, with lawyer and medical costs high these days, many homeowners also add an umbrella which allows for greater coverage at reasonable rates. Although most think of medical coverage as part of their liability coverage, it is actually categorized separate from liability because it pays for minor injuries that do not need to prove fault or negligence to be covered. An example would be someone twisting their ankle at your home. Liability is an important coverage that you will want to discuss with your agent.

Finally, there are a few things you may do to ease the cost of homeowners insurance. One way to lower your overall insurance cost is if you know you can take a higher deductible. If you can pay $500-1000 instead of $300 for each instance, this will lower your premium. Some decide to do this as the probability is that they will not claim or use the insurance very often. In addition to this, you may also pay your premium in larger and fewer payments. Another method to lower costs is to itemize your insurance to only the hazards you think most probable to happen. However, this option may not be available if you still owe a mortgage as the mortgage company may want more inclusive coverage. Also, you may check and see if there are any improvements you make to the home that may reduce your premium. Installing a home security system for example. Finally, combining policies with one carrier will also help you get lower premiums. If you combine your home, auto and life insurance policies, many companies will give you a preferred rate. Talk with your agent for further ways you may able to save money but maintain sound coverage on your home.

Conclusion
     There are a lot of options for your homeowner's insurance policy.  When setting up a policy, shop around and talk to different insurance companies to find one that works well with you.  Find out if they have a good reputation with the state insurance commissioner and consumer reports.  Find one that is fast, offers great service and handles claims fairly (you don't want to end up with a company that argues every claim).  Hopefully this overview has helped equip you with a better idea of the coverage you may need for your home.  You should have a better idea what to look for in a policy when you contact an agent to set up your homeowner's insurance.

More Resources

Household Checklist

There are a number of checklists available online; many are available from individual insurance providers. We found the following booklet from the University of Illinois to be the most comprehensive. www.ag.uiuc.edu/%7Evista/abstracts/ahouseinv.html

Household Papers/Records:
Taken from our earlier article about Home Security, here again is a checklist of important papers you should safeguard and how long you should keep them:
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace."
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return.
- Medical Bills: Keep at least 3 years.
- Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months.
- Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded.
- Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active!
- Loan Agreements: Keep as long as the loan is active.
- Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that.

Useful Links

National Association of Insurance Commissioners
www.naic.org FEMA: Homeowners and Renters www.fema.gov/individual/home.shtm

Welcome back to Rocky’s Corner! Last month we started Part 6(a 2 part Spring) of an 8 part series of Preventive Maintenance Tips for your Home. This month we will conclude our Spring season tips.

Every Spring-Part B

EXTERIOR CAULKING:

• Inspect caulking and replace if deteriorating.

FLASHING:

• Check flashings around all surface projections and sidewalls; replace if necessary.

GUTTERS AND DOWNSPOUTS:

• Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can’t erode the soil around the foundation or run into your basement or crawl space.
• Install gutter accessories to divert water, channel underground drain lines into existing yard drainage or storm sewers, or consider installing a dry well at the end of the drainpipe to slowly distribute the water to surrounding soil.

LANDSCAPING:

• Clean out the flowerbeds, removing fallen leaves and blossoms to avoid potential fungus and molds.
• Cut back and trim all vegetation and overgrown bushes from structures.
• Trim non-fruit trees before they start to grow and both fruit trees and Rose bushes before they start to bud to improve their production.
• Consider a lawn renovation to eliminate the brown spots and crab grass left over from last summer and reseed bare spots. Contact a county extension service or gardening service for advice about proper lawn and garden care for your area.
• For all of the above items, a prescreened pro may be your best bet. PIPES: Remove insulation around outdoor water pipes. Check for leaking around the outside hose bibs and evidence of rust or a white line deposit that may indicate a leak is starting.

ROOFS:

• Inspect roof surface for warping, aging, moss, and cracking, making sure that shingles, shakes or tiles are sound; repair or replace as needed.
• Inspect the flashing around chimneys, skylights and vents.
• Seal cracks or openings where water could penetrate.
• If you see significant damage or wear, contact a roofing specialist to give you a bid on a roof replacement.
• Check eaves, and soffit for signs of water damage or deteriorating paint.
• Repair, repaint or consider wrapping with maintenance-free vinyl or aluminum soffit and fascia.

SIDING:

• Inspect siding (especially on the south and storm sides of the house) for evidence of deterioration, including cracks, splintering, decay, and insect damage; clean, treat and repair as needed.
• Remember, paint protects wood and stucco surfaces; postponing necessary painting will require more extensive and expensive preparation (scraping, sanding, and priming) and repairs before repainting in the future.

1. Brick and stone: check joints between wood and masonry. Waterproof, repair or repaint if necessary.
2.  Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating or “checking” because water is getting into the siding.
3.  Stucco: a chalky residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stucco’s insulating value. If the stucco is cracked, this allows water to get in around windows and doors. If this is the case, have your stucco professionally repaired.
4. Trim: look for peeling paint on the fascia boards, window sills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings. Consider installing maintenance-free vinyl or aluminum trim.

SPRINKLERS:

• Check lawn sprinkler system for broken heads, leaky valves and exposed lines and contact a sprinkler service if necessary.

WATER WELL:

• Consider having well water tested for safety. Join me next month for our final Part of our series on Preventive Maintenance Tips for your Home. Visit us at www.freminshomeimprovement.com

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.