This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Welcome back to Rocky’s Corner! Last month we started Part 3 of an 8 part series of Preventive Maintenance Tips for your Home when we recommended maintenance tips to use every 6 months. This month’s we will discuss tips for once year maintenance. Every Year SHUT-OFF VALVES: Review the location of all of the shut-off valves in your home with all your family members so you will be prepared for emergencies. Whole-house water shut-off valve: The main shut-off valve should be beside the meter if you are on City water. If you use a well, the shut-off valve will be on the house side of the pressure tank. You should also cut power to the tank. Whole-house hot water shut-off valve: There should be a valve on the hot water outlet of the water heater, which controls all of the hot water to the house. Toilet shut-off valve: Show your entire family how to shut off the toilet by turning the ribbed oval handle under the tank if it ever starts to overflow. Sink shut-off valve: You should have handles beneath the sinks or within the cabinets; the one on the left is usually for hot water, the one on the right for cold water. Dishwasher shut-off valve: Look under the kitchen sink for a reducer coupling and shut-off valve leading to the dishwasher on the ½ inch hot water sink supply line. It could also be between ceiling joists just below the appliance if you have a basement. Washing machine: Valves are usually where the washer hoses meet the house supply lines. However, washer hoses are notoriously weak, so consider changing them routinely every year or at least close the valves when leaving home for an extended period of time. Gas hut-off valve: Identify location and show entire family how to shut off. Electrical Panel/Breaker box: Identify location and show entire family how to shut off main breaker in an emergency, or flip any circuits back on after an overload. GAS-FIRED, FORCED-AIR CENTRAL HEATING SYSTEMS: Inspect the thermostat, electrical components and controls. Check the heat exchanger, flue, ducts, airflow and air fuel mixture. Adjust the burner and oil the motor and circulation fan. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments. HEAT PUMP: Schedule an annual service call to have a certified professional to inspect the wiring, check belts and replace if needed, and oil the moving parts. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments. OIL-FIRED BOILERS: Schedule an annual service call for flue cleaning, a fuel-filter change cleaning and adjustment of the jets. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments. FIREPLACES AND CHIMNEYS: Have your wood burning fireplaces and stoves inspected annually and cleaned and repaired as required to prevent chimney fires, carbon monoxide poisoning and mortar and flashing failure. Water leaks can also cause your mortar to deteriorate prematurely. Consider installing a chimney cap to protect your chimney from water, debris and critters. CLEAN CARPETING, UPHOLSTERY AND DRAPERIES: Have your carpets, upholstery and draperies cleaned regularly, once every 12 to 18 months to remove the dirt and grit that can wear them out prematurely. APPLIANCES: Inspect appliance hoses and ventilation according to the owners’ manuals. Replace if necessary. Vacuum the coils behind your refrigerator and freezer (found behind or under the appliance) to increase energy efficiency. GARAGE DOORS: Clean and lubricate hinges, rollers, and tracks; tighten screws. Join me next month for Part 5 of our series on Preventive Maintenance Tips for your Home. We will be discussing tips for every 2 years. Visit us at www.freminshomeimprovement.com

IMPORTANT HOME INSPECTION TIPS

1. Order a home inspection soon after your purchase offer has been accepted. Real estate contracts typically allow a limited number of days to complete a home inspection (and then to request repairs, if applicable). 

2. Reputation is important. Choose a home inspector who is known for competence and professionalism — a referral from your lender or realtor is a good place to start. Make sure the inspector you select has access to ongoing technical support and offers you post-inspection advice, if needed.

3. If the home has been vacant, ask the seller to have all utilities turned on during the home inspection. Failure to do so may require a second trip to the home and may involve additional fees. To properly evaluate the home, an inspector must be able to operate all systems.

 4. If your inspector recommends a further evaluation, have a specialist in that area conduct a more extensive examination prior to closing.

5. Be sure you understand all conditions identified in the inspection report and reported defects/and or areas of concern have been resolved to your satisfaction before closing. 6. Your inspector can arrange for other services such as radon screening, termite inspection, water analyses, lead-based paint testing and septic/well system evaluation. Take advantage of your inspector’s contacts when necessary to further minimize unexpected after-sale problems or hazards in your new home.

More information at: http://www.southernhomeservices.biz/index4.htm

You have a great idea of what you want to do but you just don't have the skills to implement it. Whether remodeling the kitchen, a spare room or adding on, some projects are better handled by professional contractors. However, make sure you do not get into an agreement with a contractor on impulse. Instead, picking a contractor should be a selective process that is well researched and prepared. This is not only a financial investment; this person (and their team) will be in your home and working with you on a project that may take days or, more likely, weeks to finish. A sound partnership is important. Below are some suggestions for planning out your partnership with a contractor. Also included are a checklist guide and contract example forms from our partner Lawchek®. All are helpful suggestions and tools before hiring any contractor.

Part I: Overview

The following points may help you in the process of hiring and working with a professional contractor.

Plan out your project.

Whether a full kitchen remodel or a new back patio, make sure to plan out your project in advance. You should know what materials you would like to use and what the end project will look like. If you are uncertain about various options, then consult an interior designer, landscape architect or architect. They can help take the ideas you have imagined and tell you how they can logically work. They can also help you create detailed plans of the project and a list of materials for its completion. Many times they will continue to work with you as the project is being completed as well. Having this type of plan in place before hiring a contractor is essential to ensure clear communication. If you start a project unsure of the final outcome you may cause delays and extra expense if you keep changing your mind. To have a large project planned in advance will help you to remain focused.

Determine the kind of contractor you need.

Will a general contractor be able to complete the whole project or will you need cabinet installer, plumber, electrician, etc.? Preplanning your project should help you answer some of these questions. You can be ready to interview contractors knowing that they either need experience in or will need to sub-contract certain aspects of your job. If they cannot do part of the project, will they expect you to hire a specialist (i.e. electrician) or do they have a partnership with one already established? Consider if they have previous experience with your type of project. Ask if they familiar with the architecture and age-specific concerns of your type of home. How have they met the challenges in the past?

Research any permits that may be necessary. With a plan from your architect or landscape architect in place you will now have an idea of how much you will be changing your home. You may ask these professionals as you work out your plan if the project will need building permits. You may also ask this to your contractor as well. However, keep in mind that although some contractors will handle the building permit process themselves as part of their contract, others may leave it up to the home owner. Some argue that only the contractor should handle building permits as this ensures they follow all codes. If you get the permit and the contractor does not follow the codes you may have a harder time seeking corrections by the contractor afterwards. As a first step, it will be very helpful to know whether you need a permit before even contacting a contractor. This is also key to avoiding any fraud. If you already know that your project requires a building permit but your contractor tells you not to worry about it, you have clear warning that this contractor may not follow local and state building codes, get someone else!

Consider the professionalism of your contractor.

This is the first basic step when looking at different contractors. Check and see how long they have been in business, if they are easy to talk to and if they are able to meet with your timetable expectations. Determine if all of their contact information is current. Also, look for a contractor that is easy to reach; if you are playing phone tag to obtain a quote it is a pretty good indication of what it will be like trying to contact them once your project is started! Find out if they are a member of any trade associations and stay current in their training. As an extra precaution, you may also want to research with the county if they have been named in any past law suits. Contact the Better Business Bureau, Attorney Generals Office, and local consumer protection agency to check on any past complaints.

Verify insurance and licence information.

Insurance: Always make sure the contractor is properly insured. You should receive a certificate of insurance from the insurance agency listing you as the co-insured. It should be original and not a photocopy. The types of insurance you are looking for: General/Personal Liability which will protect your property; Workman's Compensation which will cover the contractor(s) if they are injured while working on your property; and Automobile which will protect you against any claims if they damage another vehicle/object while on your property. All these will protect you from having your homeowner's insurance responsible for any mishaps or accidents that may happen. License: Not all contractors need a license in every state. Also, the cost of a project can sometimes determine if a contractor needs a license or not. In most states the more expensive the project, the more likely they need a license. A good online reference to find out about license requirements in your state may be found at Contractor's License Reference Site. If your state does require a license, make sure it is current.

Ask for references and call them! 

Ask potential contractors for references. Do not do any further business with contractors that refuse to supply references. The references should span both recent and older projects that are all similar to yours. If you are getting a kitchen remodel it doesn't make a lot of sense to talk to someone who had a new deck built. Once you have the contact information, do the most important step - call them! You may even see if they are willing to let you see the project first hand with the contractor or if they have photographs of its progress; your contractor may also have photographs available. Below are some sample questions to ask references:

• Are you pleased with the project result? When talking to references for older projects ask them how the craftsmanship has handled everyday wear and tear.
• Did the contractor stay on or close to schedule?
• Did the contractor stay on budget?
• Did the contractor follow the written contract? In hindsight, is there anything you would add to the contract?
• Was the contractor easy to talk to or reach when you had questions or concerns? Did the contractor stay on site to supervise his/her team?
• Did you get along with the contractor's team? The sub-contractors they used?
• Where you happy with how the contractor and his/her team treated your home and property? Any messes, etc.?
• If there were any corrections, was the contractor willing to make changes or did you have to place a formal request or hire someone else?
• Would you use this contractor again and/or recommend him to someone else?

Review estimates for differences and find out why.

Once you have three or more estimates begin to look at the differences. Why are some contractors lower or higher than others? Ask them to explain their estimate. For example, is an estimate lower because of different materials used and does this translate to difference in quality? Does one contractor have a larger team or expect to hire more sub-contractors? Is a contractor "saving you money" by cutting corners on safety, local regulations, etc.?

Create the contract.

Finally, the written contract you create with your contractor is extremely important. So much so that we have listed factors that should be considered for the contract in a separate section below. To review that section now, click here.

Part II: Checklist

The partnership with your contractor can be very rewarding experience if you make sure to plan ahead. With the items mentioned above in mind, we have compiled an easy to use checklist that will help you when reviewing various contractors for your job. We have listed the items below but you may also print out a PDF checklist by clicking here.

Hiring a Contractor Checklist:

• Where did I find the contractor? (Phonebook, Online, Friend/Family, Other)
• The contractor is licensed (if required) and registered as a business in this state.
• Contractor has all necessary insurance to complete the job safely. Including: Worker's Compensation, General/Personal Liability and Automotive.
• I researched any complaints with the Better Business Bureau, Attorney General’s Office and other local consumer protections agencies.
• This contractor does not have too many jobs and can fit my project within my time schedule.
• I obtained at least 3 references (from each contractor).
• I have called every reference and asked thorough questions.
• I reviewed at least one project site from the reference list in person.
• I have a detailed bid from this contractor. Including: describes all parts of project to be completed, estimated material cost, estimated labor cost, estimated time needed for completion.
• I understand everything in the bid and what that project will entail. I have asked for clarification on anything I do not understand.
• I understand the pricing.
• The contractor clearly lists the types of materials he expects to use.
• The contractor offers warranties on materials and craftsmanship.
• This contractor will obtain all necessary building permits.
• This contractor has provided a sample written contract of a previous project. I understand the wording of the contract and can easily see how to adopt a similar one for my project.
• This contractor is easy to talk to and has been easy to get a hold of for follow up questions.

Part III:

The Contract The written contract between you and your contractor should be taken very seriously as this will be the roadmap that both parties will use to ensure that everyone is kept on task and happy. The following items are highly suggested to be included into the contract. You may add and remove items as they pertain to your particular project or situation.

1. The contract should specify exactly what is expected to be done. Besides the project, any clean up, where materials will be unloaded, etc., should also be included.
2. Specify the dates for commencing and ending the project. It is also a good idea to detail what is expected if delays occur due to weather, material delays, etc.
3. Detail the materials to be used for the project and their cost; this includes brand names and other identification to make certain there is no confusion. Not recommended, but at the very least, detail an allowance specifically for materials with strict parameters.
4. The contract should detail the contractor's insurance clarifying that coverage is expected through his/her carrier.
5. It should be clear who is responsible for obtaining permits and what permits are required for completion of the job. Ideally permits will be obtained by the contractor.
6. Method of payment and payment schedule should be clear. Never pay for the entire job in advance! Depending on your state there may be a limit to your initial down payment. Usually it is enough to cover any special material costs and initial start of the project. There is usually an agreement to pay by interval as different stages of the project are reached. Again, detail this in the contract. Once written, make certain you both understand the payment terms before either of you sign.
7. Any warranties provided by the contractor should be detailed in the contract. Identify if they are full or limited warranties and describe exactly what they will and will not cover. If warranties include manufactures, make sure all of their contact information is included in the contract as well.
8. Finally, a method for dispute resolution should be included in your contract. This should detail how each party should be notified of any grievances. The best means would be mediation or arbitration as this can save you both money. However, if a problem does arise make certain every notice of a problem(s) is done in writing so you have record of your attempts at solving the problem.

As a general rule, be as detailed about the project and all expectations as possible. We have included some sample contracts from our partner site Lawchek®. These are only samples and should be reviewed and changed to fit individual project needs.

• Subcontractor Performance Agreement for Residential Construction
• Deadline Extension Amendment

This reference should answer basic questions. The questions recited on these pages are the more commonly asked questions of attorneys when a client first makes contact for the purpose of a better understanding of real estate legal matters. 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. "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 © 2006 byLAWCHEK, LTD."

So, you are buying or selling a home and you feel that you need an experienced professional to inspect the property so that you go into the sale/purchase knowing everything that you need to know to make the proper decisions and arrive at the dollar/value amount that the property is worth to you. But, how do you go about it? All of the Inspectors’ ads seem the same - they all tout the same lines of how great they are, etc., etc. It’s impossible to get a referral because you really don’t know anyone who has bought or sold a home recently, and you surely don’t trust the Realtor's choice because you are pretty sure the Inspectors that they use are “their good Ol' boys” that solicit the Realtors for work. So, what’s a person to do? 

Well, let me make it easy for you to cut right through all of the hype and “fairy tales.” I’m going to give you a downloadable short chart that you can print. On the chart will be a few of the most pertinent questions you would want to be asking of your prospective Inspector as to his/her qualifications to be sure that they will be the one that will give you the knowledge and peace of mind to move forward into one of the biggest investments/transactions you will make in your life. If you use the chart as it is designed to be used, you will be able to fill in the boxes below each Inspector's name with check marks or minimal info relating to the answers you receive from the several Inspectors that you interview. It will become evident in short order who is the most qualified Inspector that you should hire, unless, of course, you are an individual that is of the opinion that all Inspectors are the same, all inspection reports are the same, and the only difference is who is the cheapest, which, in that case, I’m sure that you will get exactly what you bargained for. Besides, who better than the Inspector himself knows what he/she is worth! Download the Home Inspectors Hiring Questionnaire as a printable PDF file.

Finally, for those that really want to know who they are hiring to perform such an important service for them, I will give you a list of additional questions that you can ask that will further qualify an Inspector to you, if you wish to know more and take the time to ask them. Hey, you’re only talking about a few hundred thousand dollars of your hard earned money here, so taking a few extra minutes of your time to hire a true professional who will be supplying you with the knowledge and peace of mind that you need at a cost of less than ½ of 1% of what the transaction will be is, well, maybe worth the extra effort. I’ll make it even easier for you; I’ll give you some links (see box to the right) to go to so you can check if the answers the Inspectors give you are true.

So, roll up your sleeves, pull out the telephone book, and go online and decide on a few Inspectors that on the surface look promising. Write their names at the top of the columns and then start dialing the phone and asking the questions and filling in the blank boxes with check marks and info.

Questions To Ask:

1. How long have you been inspecting?
2. How long have you been in the Construction and Home Repair business?
3. Are you “certified” by any national organization as a Home Inspector? Are you a licensed General Contractor?
4. Are you licensed in any thing?
5. Have you ever hands-on built a home from scratch? If so what, where, when?
6. Have you ever spent any “real” time in the home repair field? If so, what, when?
7. Do you solicit realtors to obtain your work/inspections?
8. What, EXACTLY, do you inspect and include in your inspection report?
9. Is the report computer generated, easy to understand and have digital color pictures? Do you offer a money back guarantee?
10. How long will the inspection take?
11. What is your fee?

These should be the short list, lucky thirteen if you will, that should shed a little light on just how much experience your Inspector has, how qualified they are and the basics of what you can expect from them should you hire them. http://www.unbiasedinspections.com/index.htm

Additional Questions You May Want To Ask:

1. Do have a website and what is its address?
2. Do you have any references you would like to share with me?
3. Can I accompany you during the inspection?
4. Have you ever been sued over one of your inspections?
5. How do you stand behind your inspection if a problem comes up?
6. How much continuing education do you take every year? What other services do you offer?
7. Do you belong to the local Realtors Board?
8. Do you advertise in any of the real estate companies’ sales fliers?
9. What/whose Standards of Practice do you inspect to?
10. What Home Inspection organization(s) are you most proud to belong to and why?

MY ANSWERS To The Questions:

I have been in the Home Inspection business for 40 years.

I have been in the Construction and Home Repair business for 45 years.

I am certified as a Home Inspector by the following organizations: CalNACHI, NACHI International, IHINA.

I have been a licensed General Contractor since 1977.

I am licensed in the following: California General Contractor & California Structural Pest Inspector.

I have built many structures since 1977, including such projects as a geodesic dome home.

I have 45 years of hands-on “real” time in the home repair field/structural pest control business.

I do NOT solicit realtors to obtain inspection work.

For each report I inspect all visible and accessible portions and systems of the house and property.

Each computer generated report is easy to understand and includes digital color pictures.

I offer a money back guarantee and stand firmly behind it!

Each inspection will take 4 – 8 + hours depending on the property to be inspected.

The fee will vary depending on the property to be inspected.

I have a website at www.unbiasedinspections.com.

I have numerous client references on my website at Client Testimonials.

I encourage my clients to accompany me during the inspection, or at least be on site near the end of the inspection. 

I have never been sued over an inspection, even though I’ve been inspecting homes since 1968.

If a problem comes up regarding an inspection, I have a money back guarantee.

Each year I obtain usually 40 - 50 hours of continuing education in pertinent home inspection classes.

Other services offered… structural pest (termite) inspections, thermography scans and reports, floor level mapping, consulting.

I do not belong to the local Realtors Board in order to avoid any perception of conflict of interest or collusion.

I absolutely do NOT advertise in any of the real estate companies’ sales fliers.

My home inspections are performed under the Standards of Practice of CalNACHI (National Association of Certifed Home Inspectors).

The Home Inspection organization(s) of which I most proudly belong is CalNACHI (National Association of Certifed Home Inspectors) because of their high standards and stringent continuing education requirements. I’m also proud to be a member of Independent Home Inspectors of North America (IHINA) because in order to be a member you must sign a pledge NOT to solicit business from realtors!

- Ron Ringen Ringen's

Unbiased Inspections https://www.unbiasedinspections.com/home-inspection-articles/how-to-hire-a-home-inspector/

The Appraisal Foundation - USPAP (Uniform Standards of Professional Appraisal Practice) defines an appraisal as "The act or process of developing an opinion of value." This valuation is a determination of your property's market value - what it will likely sell for on the open market. So how is this "valuation" determined? Why does the idea of getting an "opinion of value" create so much apprehension about the process? What can you do to make your home appraise better, if anything?

What do you do if your home doesn't appraise well?
elow are commonly asked questions that hopefully will give some clarity about home appraisals. What is a home appraisal? A home appraisal is a survey of a home by a professional for their opinion of the property market value. In most cases an appraisal is done for a bank when a home is being approved for a loan for the home buyer. The home appraisal is a detailed report that looks at such items as the condition of the home, the neighborhood, what similar homes are selling for, and how quickly similar homes sell (to name a few). The appraisal may be a sales comparison or a cost/replacement opinion of value. There is also an income appraisal, but this is done primarily with commercial properties. The sales comparison will look at other properties in your neighborhood and what they are selling for and then figure how they compare to your home. With a cost/replacement opinion of value the appraiser is looking at what it would cost to replace the home if destroyed; this is more commonly used for new homes.
Important Note: An appraisal is not a home inspection! Appraisers only look for major concerns, they do not examine the home's full condition (i.e. examine the roof, appliances, etc.). For this reason a home inspection should still be requested by the home buyer before purchasing the home.

Who is an appraiser?
Appraisers are licensed by individual states and are held to strict ethical standards. Appraisers are the third party whose purpose is to give their opinion of the market value of a home. Ideally the appraiser should not be connected with anyone involved with the home transaction.

Who picks the appraiser?
When an offer is made on the house the appraiser will normally be determined by the lender. The lender may have their own appraiser or contract with an independent party. Sometimes the bank will allow the seller to choose an appraiser, but only when that appraiser is already well known to them.

Can the seller get their own appraisal done?
Yes. The home seller may commission their own appraisal before selling the property to determine cost. However, this will cost anywhere from $300-500 and the bank most likely will not accept this appraisal but request another to be done by their own contact.

If not by appraisal, how do I set the price for my home?
Home sellers can set the price of their home with the help of a REALTOR(r) using a comparative market analysis (CMA); the CMA is not a substitute for an appraisal but will give a good idea on setting an asking price (usually 5-10% more than the market price for your area).

How can you prepare your home for appraisal?
Prepare for your home appraisal like you would for a home sale. You are in essence re-selling your home. Make sure all the maintenance you can do is done; this includes clearing and trimming the yard to painting the house - hopefully most of this was already done for the sale and should at most need only a minor touch up. Be polite to the appraiser and give them full access to your home; work with them not against. Inform the appraiser of your home improvements. Let them know about the new windows, new floors, the finished basement, etc. And finally, don't be caught off guard. Do your homework! Know what similar homes are selling for in your neighborhood. This is something that should be done before setting your selling price. But in case your home has been on the market for a month or two, keep your research current. Let the appraiser know about similar homes and what they have sold for, especially if you know why a particular home that is like yours sold for less, let them know why your house is different.

What if the appraisal is low?
An appraisal that comes in lower then the asking price can jeopardize the loan and ultimately the sale. The lender will generally only loan up to 80% of the appraisers opinion of the home's value. The most common result is that the seller can lower their asking price. Or the seller and buyer can negotiate and meet at a price in-between. If the buyer still wants the home badly enough, they may put more money down; but this may still not guarantee their loan as the lender will still view it as negative equity. The final option is to dispute the appraisal. Before disputing with an appraisal, do your homework. Look at the homes in your community that have sold in the last 6 months and see what the differences are that may make your home more valuable. Perhaps there is a sale that the appraiser missed, perhaps other homes do not have the renovations and improvements you have done, perhaps the appraiser is not familiar with your type of home or neighborhood, etc. Building this case may be a good idea even before the appraisal. This will prevent you from getting rushed by the timeline after the appraisal is done. This is something you can ask for your REALTOR(r) to help with as they usually have a vast knowledge of your market area. Once you have the case, present it to the lender. They will likely get a new appraiser or request the same appraiser to reconsider it. If you do not want the same appraiser, make sure to specify this and ask for a second opinion.

What other aspects of the appraisal can hurt the loan?
By in far, the appraisers opinion of the home's value being lower than the asking price is the most detrimental. However, other factors may cause the lender to refuse the loan or require further contract negotiations. These concerns would result from property conditions that may require the home buyer to do more investing in the property to keep it valuable, such as upkeep on a private road. Your REALTOR(r) can help you with these types of objections and altering the contract to meet the lenders concerns.

The above is an introduction to answer some basic questions about the appraisal process. Please look at the links to the left for more detailed information. Now, if you are interested in what your home may be worth, check out Zillow for fun! This online program uses Google Maps to show what homes in your neighborhood are selling for or may be worth. Of course, I would suggest caution as the opinion of value given for most homes is rather high: http://zillow.com/ Happy appraising!