Unmarried Couples
Your Property Rights: Moving in Together or Splitting Up

Recent nationwide surveys show many couples are deciding to live together before marriage or live together with no intention of marrying at all. For these couples, buying a home is not necessarily more difficult but it does come with additional challenges and items to consider before signing the dotted line.

Unmarried couples will find they have the common options of Tenants in Common or Joint Tenancy contracts when they purchase property. In some states one of these options will be considered automatically for them so they should be aware of what type of contract they are signing in advance.

Tenants in Common:

• Contract between two or more people to own property together. There is no limit to the number of owners. This type of ownership is common for unmarried couples, groups investing in larger property and those interested in buying property in expensive markets they could not otherwise afford on their own.
• Tenants in Common can sell their share of the home at any time. If no additional contract is made, they may do this without forewarning other owners.
• Shares of the Tenants in Common does not need to be equal. Percentages can be assign based off contribution amounts. Sally A. may own 50%, Tony B. 25% and Mary C. 25%.
• To terminate a Tenants in Common contract one owner may buy out the other(s) or all parties can agree to sell the property and split the profits according to percentage(s) owned.
• If one owner passes away, then it is whomever they specified in their last will and testament who inherits that share.

Joint Tenancy:

• Most of the above conditions also apply to joint tenancy. However, a joint tenancy offers a right of survivorship. If one of the owners passes away, the other(s) automatically get ownership without the necessity of a last will and testament.

It is important to realize the above contracts cover the basic property rights for a mortgaged/purchased home or property. The above do not protect individual property (i.e. furniture), discrepancies in contributions to home improvements, or other expenses of owning a home. Therefore, it is imperative that unmarried couples write up a contract that address these issues. Almost like a pre-nuptial agreement (and often perceived as unromantic as one) a contract of terms will protect both parties in case paths do part.

Items to consider in a contractual agreement:

• If you have a Tenants in Common agreement, make certain all parties do have a last will and testament to clear any possible confusion of ownership in case of death.
• Include terms for terminating the joint ownership. -Specify if the other party should be given a required number of days notice of the sale and an option to buyout before one of the owners sells their half. -Set limits on the amount of the time allotted for the buyout. A fair time should be offered with a consideration of time constraints created by working through the banking process. -If the property will be sold, make sure to include the percentages of the property owned so each party gets their share.
• Detail how expenses will be kept on equal terms. Will the mortgage be split? Will one pay the mortgage and the other all the household utilities and joint bills? Again, if the contribution is not equal the difference should be recorded.
• It may be too cumbersome and unrealistic to include personal property items such as furniture in this contract. Instead you may want to make a separate record. List items that each individual brings into the household. If furniture is later purchased together, many unmarried couples will find it beneficial to keep track of contributions. Because their separation will not be treated as a divorce, disputes over items like these will be harder to resolve without some record.
• Do not include chore items such as who does the dishes. This can make your contract frivolous and tossed out in a court of law. However, some counselors do suggest making chore lists for all couples (married or not) to help cope with the pressures and expectations of our fast passed lives and homes.

If the unthinkable does happen and you do separate, make sure to give yourself time to cope and process. Even without a marriage it is a major life change. With or without contracts it is important to work together until you can sell or buyout the house if at all possible.

Some coping strategies:

• Accept and expect mood swings
• Don't expect to be able to concentrate and work at 100% for a while
• Don't expect to understand why you separated right away - this takes time and reflection
• Don't become a hermit - instead use this as a launching pad to rediscover your interests and hobbies
• Prioritize your needs

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 4 of an 8 part series of Preventive Maintenance Tips for your Home. This month we will discus helpful tips for maintenance every 2 years. Every 2 Years

AIR DUCTS:
Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

CARBON MONOXIDE DETECTOR:
Change sensor element.

DECKS AND PORCHES:
If they are professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years. It is necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish. Remove mold and mildew, fungus, tree sap, grease and bird droppings from exterior wood with the appropriate commercial deck cleaner (or homemade mixture) and a stiff brushed broom. Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation. Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak. Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

TILE, NATURAL STONE AND GROUT:
Have your grout, professionally sealed every one to three years in medium to heavy-used areas and every three to five years in lightly used areas.

SEPTIC TANK:
Have the septic tank cleaned and pumped. Join me next month for Part 6 of our series on Preventive Maintenance Tips for your Home. We will be starting with tips for each season st Spring Visit us at www.freminshomeimprovement.com

Imagine leaving a window open all winter long -- the heat loss, cold drafts and wasted energy! If your home has a folding attic stair, fireplace or clothes dryer, that may be just what is occurring in your home every day. These often overlooked sources of heat loss and air leakage can cause heat to pour out and the cold outside air to rush in -- costing you higher heating bills. Air leaks are the largest source of heating and cooling loss in the home. Air leaks occur through the small cracks around doors, windows, pipes, etc. Most homeowners are well aware of the benefits caulk and weatherstripping provide to minimize heat loss and cold drafts. But what can you do about the four largest “holes” in your home -- the folding attic stair, the whole house fan, the fireplace and the clothes dryer? Here are some tips and techniques that can easily, quickly and inexpensively seal and insulate these holes. Attic Stairs When attic stairs are installed, a large hole (approximately 10 square feet) is created in your ceiling. The ceiling and insulation that were there have to be removed, leaving only a thin, unsealed, sheet of plywood. Your attic space is ventilated directly to the outdoors. In the winter, the attic space can be very cold, and in the summer it can be very hot. And what is separating your conditioned house from your unconditioned attic? That thin sheet of plywood. Often a gap can be observed around the perimeter of the door. Try this yourself: at night, turn on the attic light and shut the attic stairway door -- do you see any light coming through? These are gaps add up to a large opening where your heated/cooled air leaks out 24 hours a day. This is like leaving a window open all year round. An easy, low-cost solution to this problem is to add an attic stair cover. An attic stair cover provides an air seal, reducing the air leaks. Add the desired amount of insulation over the cover to restore the insulation removed from the ceiling. Whole House Fans Much like attic stairs above, when whole house fans are installed, a large hole (up to 16 square feet or larger) is created in your ceiling. The ceiling and insulation that were there have to be removed, leaving only leaky ceiling shutter between the house and the outdoors. An easy, low-cost solution to this problem is to add a whole house fan cover. Installed from the attic side, the whole house fan cover is invisible. Cover the fan to reduce heating and air-conditioning loss, remove it when use of the fan is desired. If attic access is inconvenient, a ceiling shutter cover is another option for reducing heat loss through the ceiling shutter. Made from R-8, textured, thin, white flexible insulation, and installed from the house side over the ceiling shutter with Velcro, a whole house fan shutter cover is easily installed and removed. Fireplaces Sixty-five percent, or approximately 100 million homes in North America are constructed with wood or gas burning fireplaces. Unfortunately there are negative side effects that the fireplace brings to a home especially during the winter home-heating season. Fireplaces are energy losers. Researchers have studied this to determine the amount of heat loss through an unlit fireplace, and the results are amazing. One recent research study showed that an open damper on an unlit fireplace in a well-insulated house can raise overall heating-energy consumption by 30 percent. This is truly a remarkable statistic! A recent study showed that for many consumers, their heating bills may be more than $500 higher per winter due to the air leakage and wasted energy caused by fireplaces. Why does a home with a fireplace have higher heating bills? It is simple - hot air rises. Your heated air leaks out any exit it can find, and when your heated air is drawn out of your home, cold outside air is drawn in to make up for it. The fireplace is like a giant straw sucking the heated air from your house! An easy, low-cost solution to this problem is to install a fireplace draftstopper. Available from Battic Door, a company known for their energy conservation products, a fireplace draftstopper is an inflatable pillow that is installed into the fireplace below the damper. As the pillow is inflated, it seals the damper, eliminating any air leaks and heat loss. Other benefits include the reduction of downdrafts, toxins, odors, pollutants, and noise. The pillow is removed whenever the fireplace is used, then reinserted after. Completely reusable and available in two sizes to fit any masonry or zero-clearance fireplace, the draftstopper can pay for itself in less than a month! Clothes Dryer Exhaust Ducts In many homes, the room with the clothes dryer is the coldest room in the house. Your clothes dryer is connected to an exhaust duct that is open to the outdoors. In the winter, cold air leaks in through the duct, through your dryer and into your house. Dryer vents use a sheet-metal flapper to try to reduce this air leakage. This is very primitive technology that does not provide a positive seal to stop the air leakage. Compounding the problem is that over time, lint clogs the flapper valve causing it to stay open, or a cold breeze can blow the flapper open, allowing frigid air right to come right into the house. An easy, low-cost solution to this problem is to add a dryer vent seal. This low-cost, easily installed vent is mounted on the outside of your house, and reduces unwanted air infiltration, and keeps out pests, bees and rodents as well. The vent will remain closed unless the dryer is in use. When the dryer is in use, a floating shuttle rises to allow warm air, lint and moisture to escape. If your home has a folding attic stair, a whole house fan, a fireplace, and/or a clothes dryer, you can easily, quickly and inexpensively seal and insulate these holes. At Battic Door Energy Conservation Products, we have developed solutions to these and other energy-conservation related issues. For more information please visit our website www.batticdoor.com or send a self-addressed, stamped, envelope to P.O. Box 15, Mansfield, MA 02048.

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."

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.