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

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

A Greater Green Thumb: Make Your Garden Environmentally Green We hear so much about "going green" in the news today that we sometimes forget that one of the best ways to be environmentally friendly is through a green thumb! Whether through careful design of a major landscape renovation or small changes to a few habits, making your garden green can be as simple or complex as you want. In fact, don't expect to make major changes in how you care for your yard overnight. Instead, consider some ideas you can implement now and then slowly add to them. As you begin to implement new gardening techniques you will also discover that making your landscape environmentally friendly is not just about saving mother nature - it can also save you money! Here are a few quick ideas to get you started on your new green garden: Pesky weeds: Yes, dousing them with weed killer is easier. However, most are not children, pet or nature friendly. Some old fashioned weed pulling can be great exercise or way to get the kids to earn their allowance. - Try to get weeds early in the year as this will mean less pulling later on. - Pulling a little at a time as you walk down a path is much better than a whole day of work. - Putting down mulch can help prevent weeds. - If you have an area that is overtaken by weeds instead of lawn, you might want to consider replanting the area with low native plants that need little attention. Return of the native: Using native plants in your landscaping is a great way of choosing plants that are accustomed to the climate and resistant to pests in your area. Although not foolproof, you will find native plants much easier to care for than many imports. - Also, many imports can be harmful to the native plants of the area. For example, English Ivy may look pretty when you care for it, but left on its own, it is a weed that quickly overtakes native plants and even trees! Research non-native plants beforehand to make certain they are not really noxious weeds for your environment. Homebrewed compost: Adding a compost bin is a great way to recycle food and yard waste and get something in return for it! Composting does take about 3-6 months before you get to use any results, but once you get the cycle going you will have a great way to decrease your garbage and increase your plants. - There are many styles of compost bins from indoor to outdoor, homemade to store bought - you can even find stylized ones that give character to your décor! - If you don't have a garden but have yard removal, check with your waste company's policies, many companies now offer to take the same items you would put in a compost bin (i.e. vegetable and fruit skins). They in turn use this to make compost for city parks. Even if you aren't using the compost, it is a great way to get this type of waste out of the landfill and to areas where it will be more beneficial. Harvest the rain: While your out picking up a compost bin, add a rain barrel too! These barrels can be placed directly under you gutter downspout or out from under the eaves. It is ideal to use the water regularly to keep it circulating. Overall this will help save on your water usage and bills! Water thoughtfully: Watering your plants properly will avoid unnecessary waste. - Use drip hoses for more even watering and to help decrease your water bill. - When watering plants, pay attention to their roots and water them before the sun is high so the plant has time to drink before it evaporates. - Using mulch around your plants can keep natural moisture in. Just make sure the mulch is not too deep and you leave some space at the base of the plant stem. Grow your groceries: What is more green then eating from your own garden? If you have never gardened before, start with a small plot and easier to grow veggies. For local advice, check out your neighborhood gardening associations which often offer free classes. Getting garden fresh foods on your table not only helps the environment but offers you better flavor and ease of mind as you know exactly what went into your produce. - Don't have a large yard? Urban community gardens are a fun way to build a sense of community, get free gardening help and again, harvest some great tasting produce. - Another way to garden in small spaces are through container gardens. Using containers to grow herbs and smaller vegetables like onions or spinach is a great alternative. - As you garden more, you will begin to start your veggies from seeds rather than buying starts at the store. When making starts of your own, use old milk cartons or other containers that you can recycle and use again and again. Invite the birds and the bees: Utilizing plants in your garden that are naturally appealing to beneficial insects and birds is a great way to improve the life of your plants. These good allies will help cut down on bad bug pests and can be fun to watch too! - Plant flowers and plants that are attractive to butterflies, bees and other naturally beneficial insects. Encouraging natural pollinators and cutting down your use of pesticides is a great combo for these natural little friends. - Some nurseries even sell lady bugs as they are a great natural defense for bug problems. - Invite birds into your yard with berry plants, flowers, and a water bath. Birds are some of your best pest reducers. - If you have berries you want to keep for yourself instead of the birds, there are safe netting options out there that don't trap birds but keep them off your berries! Plan your garden: As we have mentioned in earlier articles, planning out a garden can save you a lot of headache and money down the road. But it can also allow you to be more green. When planning your layout you may pay closer attention to what areas of the yard get more sun or rain and install plants that are suitable for different locations. - You can also minimize your gardening chores by planning certain "wild" areas or buffers using native plants that require little upkeep. Hardscapes: Finally, when planning or renovating your yard, consider the non-organic features. From the paths to the containers, consider what impacts the materials you use will have on the environment and your garden's health. - Recycled materials are becoming more readily available for constructing everything from paths to patios. Take a look at all the options and give these recycled materials a chance. - Try to get planters and containers made of recycled material. Some people get very creative with old items that they turn into planters (i.e. an old sink or wheelbarrow). - Try some of the new solar lights to add lighting features to your yard. They are earth friendly and can save you money! Useful Links EPA: Greenscapes www.epa.gov/epaoswer/non-hw/green/ Information about going green provided by the US Environmental Protection Agency. Includes ideas for homes, businesses and recreational areas. USDA Cooperative State Research, Education, and Extension Service www.csrees.usda.gov/Extension/ "This section of our Web site will help you find your nearest Cooperative Extension office. The Cooperative Extension System is a nationwide, non-credit educational network. Each U.S. state and territory has a state office at its land-grant university and a network of local or regional offices. These offices are staffed by one or more experts who provide useful, practical, and research-based information to agricultural producers, small business owners, youth, consumers, and others in rural areas and communities of all sizes." This resource will help you find state specific plant information. American Horticultural Society List of Mater Gardeners www.ahs.org/master_gardeners/ "The map below links to Master Gardener websites in the United States. Links to Master Gardener programs in three Canadian provinces are listed below as well. Clicking on the map and links below will connect you to some of the best, regionally-specific advice you can get on gardening." To find out more about classes, gardening tips and the best plants for your area, check out these state sites. Buy Green, Going Green, Green Savvy, Eco Products Green Cleaning Products http://www.buygreensavvy.com Quality green and eco friendly products at the best prices!

Q Our home inspector reported that three windows in our 9 year old house had fogging insulated panes, and he suggested that we contact the builder or manufacturer for warranty information. We contacted the manufacturer who sent a man out, but he said that only two of the windows were fogged. When we called the inspector, he said that insulated windows will fog only under certain conditions, and that we look at the windows at the same time of day that they were inspected. Is our inspector a bit foggy in the head?

A It has been my experience that insulated window panes, when the seal is broken, will fog only under certain conditions. The two pieces of glass in a double-pane window have an inert gas between them which is held in place by a seal. This thin space of gas is what allows the windows to slow down the transmission of heat or cold. When this seal is compromised, ordinary air is allowed to enter, and moisture may condense on the inside surfaces of the glass. These types of windows are most likely to fog on a winter morning a short time after the sun hits them. The outside of the window has been cold overnight, and the inside has been warm. When the sun hits the cold outer glass, moisture condenses and the foggy appearance occurs. A few hours later, as the temperatures stabilize, the fog may disappear altogether. In this case, the inspector was correct to suggest that the windows be inspected under the same conditions. In the case of your 9 year old house, your windows may still be under warranty. The earlier versions of insulated windows were somewhat prone to failure, but technology has steadily improved, and today’s windows are much more reliable. Warranties have gotten much better as well, so it you have foggy windows, check with the manufacturer to see if you can have them replaced under warranty.

In our area, the made-up snow days at the end of the school year made this past year seem long. Therefore, it's a bit jarring to be thinking about back to school supplies already. However, planning ahead can help prevent a lot of the headache in back to school shopping. Many times the quest for new supplies and clothes can seem like an endless scavenger hunt that quickly eats through money in the bank! Below we have compiled a few tips on how to keep the costs low, as well as things to consider when deciding on which supplies will best fit your student's needs. We have also taken a look at a few of the activities you can still be doing the final days of summer to keep your child's mind sharp and ready to jump into the next grade. Students on average lose a month of learning during summer vacation and can lose over two months of learning for harder subjects.* Luckily, there are ways to battle the summer brain drain while still having fun! *"Summer Vacation Slide" by Barbara Pytel

Back to School Supplies Armed with a supply list provided by the school, it is time to begin the scavenger hunt. As you look for supplies for your children, below are a couple items to keep in mind.

• Waste Not, Want Not Take a look through left over supplies from last school year. Did older children leave something the younger ones can use? Where certain supplies never used or still have some life left in them? Do some supplies just need new batteries, lead, erases or other refills? Also, check older items that may be spruced up a bit with stickers, photos, etc. - it makes for a fun project for the younger kids and can help get them excited about going back for the next year.
• School Supply Closet If you don't already have one, set up a supply closet/space where you can keep old and new supplies all year round. Here you can keep packets of pencils and stacks of paper or notebooks that you know will be used throughout the year. Buy commonly used items in bulk and you will save in the long run.
• Collect Year Round Now that you have a School Supply Closet set up in your home, you can more easily take advantage of deals as they arise during the year. With a place to neatly keep school items you will have a better idea of what you need more of as you shop. Although Back to School sales can be good, you may find even greater bargains at the end of the season or during clearance sales.
• "Ouch! My back!" Backpacks are often overloaded with school supplies and can cause back pain and muscle soreness for students of all ages. A backpack should only be 10-20% of the student's weight. If a smaller student is expected to carry a lot, then you may consider getting a rolling backpack.
• "But everyone else has one..." The plaintive cry of so many children around the country. But be strong - get only what your child really needs for school. Get supplies that are basic and therefore timeless. Fancy cartoon or pop-icon covered supplies are short lived. If you do get them, only get a few that you are certain your child will use before they become "unfashionable."
• Quality is still #1 You can shop cheap without going so generic all you get is poor quality. You don't want to buy supplies that will break, leak, rip, or fall apart before the end of the first week. (I still remember a black glued notebook I had in high school that literally just fell apart at the seems with paper scattered about the floor - not fun!) Make sure there is some quality in the products you buy. Keep in mind how roughly binders may be handled, how pens may be shoved at the bottom of a backpack and how that same backpack will be tossed, dropped, kicked, lugged, shoved and zipped/unzipped more times than worth counting.
• Batteries not Included Avoid gimmicky and flashy supplies that twirl and light up. Teachers find these are very distracting in the classroom. If you do get a fun item like this, keep it at home where it can make the homework blahs a bit more fun.
• Accounting 101 As your children get older, include them in the budget planning. Working together on budgeting for supplies will teach your students how to prepare and why all the flashy supplies may not be worth it. You will soon find your child will learn to appreciate the cheaper supplies so they may budget for one or two more fancy items.
• Organization 101 Along the same lines as Accounting 101, sit down with your older children and take the time to recall what worked or didn't work last year for their learning. Did they find note cards useful and need more this year? Did color coding subjects help or would an all in one binder be more useful? Are they still struggling and need to try something new?
• Munch a Lunch Increasingly, online access allows parents not only to review the menu but to check their child's account and upload more funds when necessary. Many schools are also adopting healthier menus. If you don't have a picky eater, this may be the most convenient option. However, if you do have a picky eater in the house or if your child has any food allergies or dietary restrictions, then packing a lunch is the better way to go. Buying food and snacks in bulk has decreased the grocery bills of many households. With a bit of pre-planning, you may actually save money if packing lunches with items you know your children will eat. For growing teenagers with insatiable appetites, giving them as many snacks as possible can help curb the fast food purchases and the extra expense of impulse hunger-buys. Packing Get a good, strong lunch bag. Brown paper bags don't hold up well and are not environmentally friendly. A good lunch bag will protect other items from spills and with a small ice pack can keep food at a safe temperature until eaten. Free Tupperware is good (i.e. sandwich meat containers) however they only have so long to live after being tossed around in a lunch bag. Good containers is a worthwhile investment as they will be used 5 days a week to pack a healthy and full meal! Munchies Include your children in planning lunches for the week. Do this on a regular basis as they may have been all about bananas the last two weeks but are now sick and want a different fruit or veggie. Find out if lunches are satisfying - are they still hungry or brining extra home? If they are brining a lot home, find out if they are preferring a food/snack served in the cafeteria. If you are trying to save money by buying in bulk, you may be able to buy this favorite to pack in their lunch or find a healthier alternative instead.
• Free Shipping Shopping for school supplies online is not out of the ordinary anymore. Many office supply stores and their competitors are allowing parents to shop from the computer. Compare shipping rates - you might even get free shipping with purchases at a specified total.

Back to School Clothes Most kids grow out of their clothes and shoes at an amazing rate. Keep their closets full with basics and not the trendy fashion of the day. Keep clothes practical and you won't break the bank!

• Basics, Basics, Basics Keep the clothes to the basics as much as possible. Going for trends and fads will only hurt the checkbook when your child refuses to wear them again. This doesn't mean you can't get trendy clothes if it fits your budget. One way to make this easier is to get your child involved in the budget process. Let them know how much is budgeted for the season and then shop together for some basic items while saving for a few "gotta have" fun items.
• Playground Attire (At Every Age) Can you run, jump, play and have fun in those clothes? Make sure your kids try moving around in the clothes they want to buy. Oddly cut pants are no fun for young kids to play in and skinny jeans will not be as appealing to that middle school student once they try to sit in a chair hour after hour of class. Make sure your children on aware of the functionality of their clothing choices. Finally, make sure you check out what is allowed at the school. Funky, trendy, or skimpy may not be practical and they may get your child sent home too! Take care to read slogans on t-shirts, ambiguous language or even blatant references to questionable or illegal subjects (i.e. drugs/alcohol) may not be allowed as well.
• Hand-Me-Downs (Even with the Neighbors!) If you have more then one kid, hand-me-downs can be great. Especially if you stay with the basic and timeless classics, it will be easier for the younger kids to use what their older siblings can no longer wear. With how quickly they grow through clothes, most of the clothes will be in great condition and you can't beat the price! If you don't have older siblings, consider roving the local garage sales. Or talk with parents at the school, some parents plan exchange nights where they all bring clothes their kids can no longer wear and exchange with each other - again, you can't beat the price of a good barter in kind!
• Consignment & Charitable Stores Both consignment and charitable stores can offer a great way to fill your kids closet. Get your children involved. At the consignment store they can make their "own" money by turning in old clothes for cash or store credit. Going to charitable stores, children can learn early how to stretch their dollar. Especially when shopping for items they know they will not be using often - so they need a white dress shirt for choir but will only wear it one season - a charitable or consignment store is a great fit. For the really creative kids, this can be a great way to mix and match and create their own style for cheap.
• Shop In and Out of Season Without a doubt the department stores and outlet stores will run great deals and back to school sales. But also keep a look out for seasonal closeouts. Items you may not use this year might be used the next - just be aware you may have to do some good guessing on future sizes! Again, when shopping seasonal or end of the year sales, make certain to go for basic and timeless styles - the trendy may be a good bargain, but may not be worn by a stubborn teen next year.

Back to School Learning As mentioned in the intro above, research has shown that children lose about a months worth of knowledge over a 3 month summer vacation. For more difficult subjects this loss may be even more. There are ways to keep your kids mind sharp and even learn new things over the summer while keeping it fun and relaxed.

• Homework Hour Okay, I know we just said to keep it fun and relaxed...it still can be with a scheduled time at night for quiet "study" time. Try to leave an hour open twice a week (or more) for a homework hour where you and your kids play a challenging game, watch a documentary, quietly read, or they can play an educational computer game - there are many online covering everything from dinosaurs to foreign languages. It will help keep you child's mind sharp and attuned to concentrating on one task like they will have to when real homework starts again in the fall. Of course this is generally for the older student, younger kids wouldn't need to do a whole hour - something more comparable to what they do in a school activity. The idea is not to sit them down with a chart to fill in or tables to review. Instead, get them to apply some of their learned knowledge in an activity.
• Summer Reading If not done during homework hour, summer reading can be done daily. Read to the younger kids, read along with the older ones and read quietly next to the tweens and teens. The idea is to again make the environment conducive to some reading time. Take a trip to the library once every two weeks to stock up on books. Perhaps an older kid might be interested in entering one of the many reading contests that happen every summer. Read the same book as a family and compare opinions. Read books related to an upcoming summer vacation. Read books with a movie fast approaching and compare them to each other. Read non-fiction books as well. Simply put - read!
• Inquiring Minds Want to Know Consider making national pastimes a chance to learn - How do fireworks work? What creates a thunderstorm? Why do we celebrate July 4th? Which constellation is that? How does a camera work - perhaps put it on manual and figure what different apertures and shutter speeds can do. Or turn a family road trip into a chance to learn a bit more - stop at a national park or try a different cuisine from what you get around home. Challenge yourself to look at items we take for granted as possibilities for learning and experimenting.
• Did we say Experiments? What better time then summer to make a mess in the backyard. Make a homemade volcano, your own play dough, or put together a model car/airplane/ship/dollhouse. Get your kids involved in projects - perhaps you are doing a home improvement, although you child may be too young to help with the tools, they might be able to help you figure the square footage as you plan your project. Need help in the garden? Don't make them the "weed puller" - instead let them help you tend soil, plants, discover bugs, create a sculpture or taste some ripe berries off the vine.

Got Attic Mold? How to Diagnose Common Sources.
By Mark D. Tyrol, P.E./Battic Door Energy Conservation Products

It happens to countless homeowners around the end of the year – you make the annual visit to your attic to collect the holiday decorations and what do you find? Spots and blotches covering the bottom of the roof sheathing. Worse yet – it turns out to be attic mold! What does energy conservation have to do with mold in the attic? Well if you take a step back and consider how the house behaves as system, they are often directly related. Building science experts have long been using the “house as a system” approach to diagnose the cause and origin of building defects. For example, ice dams. These are often caused by warm air seeping into the attic which causes the snow and ice on the roof to melt. The water drains to the edge of the roof (which is colder than the rest of the roof because it is an overhang and not warmed by the attic), freezes and creates an ice dam. As this process is repeated daily, the ice dam grows larger. Eventually water is forced under a shingle where it can seep into the house. Understanding how the house behaves as a system and the various causes and effects is necessary to diagnose most building related problems. But how about that attic mold? How did it get there? Mold requires chronic moisture to form and to thrive, so source(s) of moisture must be present. Possibly the moisture came from outdoors. The roof is newer and a quick check of the roof shows no obvious damage or leaks. Possibly the moisture came from indoors. During the heating season, the interior of the house frequently has high moisture levels, especially bathrooms and kitchens. A quick check shows that all bathroom fans, kitchen vents, etc. are properly ducted completely outdoors and not into the attic. The amount of insulation looks good and the attic is well ventilated. Don’t give up – you are almost there! Remember the house as a system? You know that warm, moist air is in the house, but how is it getting into the attic? By air leaks! Air leaks are the leading source of energy loss in most houses, and a frequent source of chronic moisture that can cause attic mold. Most homeowners are well aware of air leaks around windows and doors (especially old ones), but many overlook the numerous gaps leading directly into the attic! Have a look around the attic and you may find large gaps around recessed lights and fans, holes where wires or pipes are installed, even large gaps around the chimney. And don’t overlook the whole house fan and especially the folding attic stair - a big, uninsulated hole in your ceiling that is often overlooked! These gaps can add up to a large hole that allows warm, moist air from the house to flow right into the cold attic. The warm moist air condenses on the cold roof sheathing, creating chronically damp conditions that can lead to attic mold growth. And the energy loss – it can be like leaving a window open all winter long! Seal these air leaks and you stop a significant moisture source. And just think of all the energy you can save and the cold drafts you can stop! Mark D. Tyrol is a Professional Engineer specializing in cause and origin of construction defects. He developed several residential energy conservation products including an attic stair cover and a fireplace draftstopper. To learn more visit www.batticdoor.com

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