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.

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

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

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

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

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

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

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

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

More Resources

Household Checklist

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

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

Useful Links

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

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

Every Spring-Part B

EXTERIOR CAULKING:

• Inspect caulking and replace if deteriorating.

FLASHING:

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

GUTTERS AND DOWNSPOUTS:

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

LANDSCAPING:

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

ROOFS:

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

SIDING:

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

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

SPRINKLERS:

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

WATER WELL:

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

The summer has a pull for us, no matter our age. It is a time to take a few days off work, barbeque in the backyard, go for a picnic, a hike, a swim, a bike ride or go out on the water on our boat. It is also a time to mow and weed the lawn, plant flowers and finish countless chores around the home that have been put off until the weather "cooperated." Needless to say, summer is a busy time when we do more activities and chores and can very easily overexert ourselves. That is why this month we are focusing on some tips that can help you have a fun and safe summer. Part of having fun is being aware of what precautions you should take and how you should plan ahead for whatever you choose to do. But we know you are busy, so here is the quick list for a safe summer!

Barbeque and Food Safety:

Always check your grill before using it after a long seasonal break. If propane is used make sure to check all the connections! Check your individual user manual for your grill; all of these will have a checklist of items to review that are specific to your make/model.

Grills are for outdoor use only. NEVER bring a grill indoors to cook. Carbon monoxide will accumulate and can be fatal.

Always set up the grill away from the home (at least 5 feet or more).

If using a charcoal grill, use a charcoal lighting fluid instead of gasoline. Make sure to let the fluid be absorbed by the coals before lighting. Move the lighter fluid away from the grill before lighting. Once you light the fire, stay with the grill, never leave a cooking grill unattended.

That goes for all of you - NEVER leave a cooking grill unattended! Have baking soda handy for a grease fire and a fire extinguisher on hand as well.

For safest results, always grill with a meat thermometer. See the recommended meat temperatures to the right.

Before cooking or preparing anything - wash your hands! In between working with different dishes - wash your hands!

Invest in some long cooking utensils for the grill - this will help prevent burns!

For best grilling results, thaw frozen meats before cooking them on the barbeque. The safest way to thaw foods is slowly in the refrigerator.

If you use the microwave to defrost meats, then make sure you are grilling them shortly afterwards and not storing them again before cooking.

If marinating food then do so in the refrigerator - not on the counter! If you want to have extra marinade to use as a sauce later, make sure to separate a portion ahead of time. Never reuse marinating sauces!

Use one plate for taking meats to the barbeque and another clean plate to take cooked items to the serving area. Never use the same plate. The raw juices can contaminate your cooked meats and side dishes.

When hosting a barbeque, make sure to supply plenty of clean plates and utensils. Encourage guests to get a new plate if theirs has been sitting out in the sun and became a playground for flies, ants, etc. as they waited between helpings.

That evil mayo - did you know according to the Department of Health, it is not really the mayo that is making that potato salad a dangerous game of chance. Instead it is the fact that when making salads usually the ingredients are mixed together when still warm creating a breeding ground for bacteria. Instead, chill all your ingredients separately before mixing them together.

Refrigerate any left over food within 2 hours of its initial serving. If the temperatures are higher, then 1 hour or earlier. Meat should be be kept hot for serving (140°F) and unused meat should be refrigerated immediately as it cools. If you have too much left over meat, make sure to freeze whatever you won't eat within the next 2 days.

When you shut off the grill make sure to shut off the propane as well.

For a charcoal grill, let coals burn out completely. The ashes should sit 48 hours before being disposed of in aluminum foil in a noncombustible container.

Food Safety on the Road:

Wash all fruits and vegetables. Even those with tough outer skins that you do not eat. When slicing these the knife may pick up bacteria from the outer skin.

Pack drinks and food in separate containers. The drink cooler is opened more often changing the internal temperature. This way the food container is disturbed less often and can remain colder.

Once at your destination, keep the cooler(s) out of the direct sun. Keep them in the shade, covered with a blanket. If on the beach, burry it partially in the sand in a shady spot or under an umbrella.

If grilling at the park and you need to dispose of ashes, make sure to place them in heavy duty aluminum foil and soak them in water before placing them in a noncombustible container.

If you use a recreational vehicle such as a camper, always review any canned foods that may have been left there. If temperature fluctuated and cans were frozen and thawed then they need to be discarded. Make sure to thoroughly clean the refrigerator out before using it this travel season.

Bug Prevention:

The best insect repellents contain DEET. However, they should not be used on children under 2 months of age. Also, bug repellent should be applied once per day. Do not get a sunscreen/bug repellent combo as you will need to reapply the sunscreen every two hours.

Avoid using scented soaps and perfumes. Also be careful with bright colored clothes as they attract certain bugs as well. Be extra careful around stagnate pools of water, heavily flowered areas and unused areas as these are more likely to be nesting areas or feeding areas for bugs.

Wear hats and long sleeves in the woods. Make sure to examine clothing and scalp for ticks. If you find a tick gently pull it out with tweezers. Do not use your fingers as you may squeeze it too hard. The methods of burning ticks with matches or suffocating the tick with nail polish don't work for removing ticks from the skin. If you live in a wooded area, try to keep your yard well maintained, ticks do not like direct sun and are looking for overgrowth areas.

Lawn Mower Safety:

Nearly 75,000 Americans are seriously injured in lawn mower accidents each year. About 10,000 of those injuries involve children. Data from University of Michigan

Always read and review your owner's manual at the start of the mowing season. There will be specific checks you will need to perform.

If you can, get a mower with an easy kill switch, a double handle that stops the motor when dropped is a good design to have.

Keep children and pets indoors or well away from the lawn mower at all times. Don't let children ride on the mower for "fun" and it is recommended that children not operate mowers until 16 years of age.

Pick up debris before mowing the lawn.

Wearing protective eye gear is also recommended.

Wear sturdy shoes when mowing. Never move the mower back towards your feet, always go forward.

Sun Safety:

The harshest time to be out in the sun is between 10:00am-4:00p.m. This includes cloudy days as the sun still penetrates the clouds although you may not feel it. During these hours of the day you should have a sunscreen of 15SPF or higher. Sunscreen should be applied 30 minutes before going outside and reapplied every two hours. During really hot hours, stay indoors as much as possible.

Sunglasses that protect you from at least 90% of UV sunlight should be worn.

Dress for the heat. Wear light colored clothes of a breathable fabric, such as cotton. Wear a hat or use an umbrella if in direct sun for long periods of time.

Drink plenty of water, drink water even if you do not feel thirsty as you need to keep your body hydrated. Avoid drinks with caffeine or alcohol as these will only aid dehydration.

Eat smaller meals more often. Eat less protein to reduce metabolic heat.

Avoid strenuous activity. If you are going to be doing really strenuous work or sports, do them early or late in the day. Take breaks often!

Need to know "HEAT" definitions:
Heat definitions from www.redcross.org

• Heat Wave: More than 48 hours of high heat (90°F or higher) and high humidity (80 percent relative humidity or higher) are expected.
• Heat Index: A number in degrees Fahrenheit that tells how hot it really feels with the heat and humidity. Exposure to full sunshine can increase the heat index by 15°F. Heat cramps:
• Heat cramps are muscular pains and spasms due to heavy exertion. They usually involve the abdominal muscles or the legs. It is generally thought that the loss of water and salt from heavy sweating causes the cramps.
• Heat Exhaustion: Heat exhaustion is less dangerous than heat stroke. It typically occurs when people exercise heavily or work in a warm, humid place where body fluids are lost through heavy sweating. Fluid loss causes blood flow to decrease in the vital organs, resulting in a form of shock. With heat exhaustion, sweat does not evaporate as it should, possibly because of high humidity or too many layers of clothing. As a result, the body is not cooled properly. Signals include cool, moist, pale, flushed or red skin; heavy sweating; headache; nausea or vomiting; dizziness; and exhaustion. Body temperature will be near normal.
• Heat Stroke: Also known as sunstroke, heat stroke is life-threatening. The victim's temperature control system, which produces sweating to cool the body, stops working. The body temperature can rise so high that brain damage and death may result if the body is not cooled quickly. Signals include hot, red and dry skin; changes in consciousness; rapid, weak pulse; and rapid, shallow breathing. Body temperature can be very high--sometimes as high as 105°F. Call 911 or your local EMS number. Move the person to a cooler place. Quickly cool the body by wrapping wet sheets around the body and fan it. If you have ice packs or cold packs, place them on each of the victim's wrists and ankles, in the armpits and on the neck to cool the large blood vessels. Watch for signals of breathing problems and make sure the airway is clear. Keep the person lying down

Sun Safety for your Pet:

Dogs and cats don't sweat to lose excess heat, instead they pant. Most of our pets know better and will not over exert themselves in high heat. However, if chained in the sun or locked in a car, there is little they can do to avoid it. Never leave you dog unattended in a car. Although it is only 75°F outside, in the car it can reach up to a 100°F in one half hour. If you return to your car and your pet is agitated, wide-eyed and panting rapidly they may have heat stroke.

Always provide shade and water for your pet on hot days. If there are heat wave warnings bring them inside with you.

Animals have a natural higher temperature than humans (100°-102°F for both cats and dogs). However, anything 105°F is a sign of heat stroke. Other signs of heat stroke in animals include rapid panting, wide eyes, salivating, pale and dry gums, staggering and weakness. They may even become unconscious.

The best way to treat heat stroke is to get them wrapped in wet towels and fan them as you would a human. Some suggest immersing them in cold water, but depending on the severity this may be too much too quickly. Also run cold water in their mouth. Keep track of their temperature, get them down to 103°F. Call your vet or animal hospital immediately.

Hiking Safety:

Plan ahead for any hiking trip. Take a look at the route and consider what equipment and skills you may need. Discuss emergency plans with your group before heading out. Know where the nearest ranger station is from where you start. Also, leave a detailed itinerary with someone back home. Let them know what car you are taking, where you will be starting and how long you expect to be.

Always hike with at least one other person. In more remote areas it is suggested that you hike with at least four people in your group. This way you will have one to stay with an injured person and two to go for help.

If a trail is marked as closed DO NOT go there. If an area requires special permits - DO NOT go there unless you have already obtained them.

Be prepared for bad weather and extreme weather changes. You should have enough supplies to get you through a night if needed.

Always assume the water from streams and rivers is NOT safe for drinking.

A Hiking Backpack Checklist:
Info from www.redcross.org

• Candle and matches
• Cell phone
• Clothing (always bring something warm, extra socks and rain gear)
• Compass
• First aid kit Food (bring extra)
• Flashlight
• Foil (to use as a cup or signaling device)
• Hat
• Insect repellent
• Map
• Nylon filament
• Pocket knife
• Pocket mirror (to use as a signaling device)
• Prescription glasses (an extra pair)
• Prescription medications for ongoing medical conditions
• Radio with batteries
• Space blanket or a piece of plastic (to use for warmth or shelter)
• Sunglasses
• Sunscreen
• Trash bag (makes an adequate poncho)
• Water Waterproof matches or matches in a waterproof tin
• Water purification tablets
• Whistle (to scare off animals or to use as a signaling device)

Survival Pack - one pack should be carried by EACH person in your group and should include: a pocket knife, compass, whistle, space blanket, nylon filament, water purification tablets, matches and candle in a waterproof container.

Bicycle, Skateboard & Scooter Safety:

Always wear a helmet when bicycling. If on a scooter or skateboard, wear the proper protective gear such as knee and elbow pads and a helmet.

Only ride a bike that is properly fitted for you. If not fitted correctly you may hurt your knees, back, arms and will not be able to maneuver or stop as well as you should be able.

When entering the roadway from the driveway - always look! This is a high accident area as many cars do not see those coming out of driveways on bikes, skateboards and scooters.

If traveling on the road, make sure to follow all the road signs and lights. Bicyclists should follow the same rules as cars and use standard hand signals. Skateboard and scooter users should be extra carful on roads as well. HOWEVER, it is strongly suggested that scooters users stay on sidewalks and skateboarders stay well away from roads, preferably skate at the skate park.

Be predictable. Do not weave in and out of the roadway or cars. If you come to an obstruction in your path, stop and look around and behind you before going around it. A sudden swerve out into the road will not be anticipated by automobiles that are traveling much faster than you are.

Pay attention at all times. Obstructions such as wet leaves or loose gravel may come upon you quick if you are not paying attention. Also be careful around parked cars, you may not see someone opening the car door until you are right on top of it.

Try to avoid being out on the road at night or in bad weather. If you are out, be extra careful; imagine the cars cannot see you and ride defensively. You should have bright colored clothing and reflectors or battery operated lights as well.

All skateboarders should learn out to fall. Considering fractures and breaks from falls are the most common skateboard injuries, knowing how to brace yourself is important. If starting out in the sport, start small, skateboarding is just like any other sport, it takes practice and time to develop the skill.

When riding on the trails always give pedestrians the right of way. If passing from behind let them know by using a bell or stating "on your left," before passing. Keep a controlled speed on trails as you do not always know who is there around the bend. If the trail is shared with horses, slow down and give them a wide space when passing. Again, let them know you are coming by stating "on your left."

Water Safety:

Learn to swim! This is a skill everyone should take time to learn. Even the basic knowledge can help!

Children and inexperienced swimmers should use an approved floatation device/life jacket when in or, in the case of children, near the water.

Never leave a child alone around water. Make sure someone is watching them at all times!

Never swim alone. Always swim with a friend or in a supervised area. Never snorkel alone. Never surf alone.

Read and OBEY all posted signs. Do not dive in the water unless the area is clearly marked as safe. Even when marked, make sure to check for any person or debris below before diving. If the area is not marked, always enter feet first.

If swimming in lakes, rivers, or the ocean, be familiar with these bodies of water. Make sure you are aware of risks such as debris, under tows, and currents. Also, always be aware of your energy level; you need enough energy to make it back to shore!

Pay attention to your surroundings. Pay attention to the weather. At the first sign of bad weather, leave the water!

If pulled out by an ocean current do not swim against it. Instead swim parallel to it gradually moving towards the shore. You have to move out of the current by swimming across it before you can head back inland. Think of an arc instead of a straight line.

Check surf conditions before entering the water. Keep away from piers and pilings when in the water. Watch out for wildlife and have some basic knowledge of what animals and plants are in the water. Know what you need to avoid and leave wildlife alone!

Do NOT mix alcohol and swimming activities - they do not mix!

If you own your own pool, make sure it is supplied with emergency equipment and first aid. Keep a phone nearby and have instructions for emergencies posted. Have CPR instructions and make sure to take lessons in CPR. Every adult responsible for watching kids around the pool should have CPR training.

Take lessons before attempting SCUBA diving. Never dive alone. Only dive for areas you are trained for. Be familiar with your equipment and check it often.

Boating & Watercraft Safety:

Always have on life jackets. Make sure they properly fit everyone on your boat - especially children!

Learn to swim! Also, take a boating class, learn everything from navigation rules to information about your particular boat.

Do NOT mix alcohol and boating activities - they do not mix!

Let someone on shore know how long you will be gone and where you are going.

When using jet skis or other personal watercraft make sure to know the rules of the water body you are on and obey these rules. Be courteous to others and look out for swimmers, skiers in the water, etc.

Do not water ski at night. Always have someone in the boat to watch and aid the skier. Always approach a skier in the water with the engine off.

If fishing, scale, gut and clean the fish as soon as they are caught. Wrap fish separately in plastic and keep on ice. It is recommended that fish be cooked and eaten within 2 days or frozen. Frozen fish can last up to 6 months. Shellfish should be kept alive until cooked. Lobsters and crabs should be cooked the same day they were caught. Oysters, mussels and clams should be cooked within 5 days.

These days you can find a web site that covers anything. Included in this trend are home improvement web sites. Some of these helpful sites may be related to a television program (as discussed in our April article 'Home Improvement Television'). However, there are also many that are mostly web based that offer great home improvement hints, tutorials and visual aids. Below is a list of some of these web sites. We have included the web site message to the consumer, our short review and our ranking of the practical features (such as navigation) to the right. Web sites are listed in alphabetical order. Hopefully you will find some information here that may help you on your next home improvement project! About.com Home Repair http://homerepair.about.com/ Web Site Summary: [About.com contains areas maintained by experts in the field; the only description we found about this section was about the expert.] Bill Lewis is a professional electrician. He has also been a carpenter, a contractor, an editor, a publisher and an urban planner. Bill focuses in this site on repairs and improvements with an eye to saving money and adding value. Homecheck Summary: Helpful articles about various projects and home repair issues. A good article reviews the pros and cons of do-it-yourself work. Overall the articles are quick and to the point. No illustrations are offered but the advice is good and well written. Would like to see more topics and visual aids. Al's Home Improvement Center http://alsnetbiz.com/homeimprovement/ Web Site Summary: Als Home Improvement Center is the site for do it yourself and how to tips covering all aspects of residential home repair, home improvement, remodeling, and renovation projects around the house. Featuring tips, advice, how-to articles and step-by-step information to help you maintain and improve the value of your home. Homecheck Summary: Random. This web site is primarily made up of links to other home improvement sites. However, there are some written guides and tutorials. The web site itself is basic in appearance and has few visual aids. However, some of the tutorials do offer step by step pictures. The site may be hit and miss but does seem to have some hidden gems. Ask the Builder www.askthebuilder.com Web Site Summary: Once you are in my new cool web site, here is what you will find: Over 400 Step-by-Step Guides- these contain the extra content, how-to instructions, links to manufacturers, etc. that the newspapers didn't have the room to print when they ran my original columns. Numerous TV Video Clips - watch me show you new products and cool tricks on how to do things. Over 150 Radio Shows - These radio shows have been stripped of the boring commercials. Each show is broken out into the individual callers. I explain in great detail how to do things as I talk to callers. You can listen to the segments or shows as often as you want. Each week I add the latest radio show for your listening pleasure. Email Questions and My Answers - Live questions from visitors just like you along with my responses. [This description is what a premium, paid for membership includes, some of these materials are available for free on the web sit as well.] Homecheck Summary: This web site does offer some good articles about home improvement. A paid for membership will give the user access to much more. Good content in the articles and Q&A, but not very many visual aids. Some of the material is for geared towards those with advance knowledge of home construction. A good site to review and would be even better if you want to pay for the membership; check out what a paid membership get you, click here. Better Homes & Gardens www.bhg.com Web Site Summary: BHG.com is focused on decorating, building and remodeling, crafts, entertaining, cooking, and gardening. It also has extensive information for women and families. In addition to providing useful tools and advice, BHG.com's trusted experts keep visitors up to the minute with information on the latest developments and trends around home and garden. BHG.com was designed with real people in mind. It has easy-to-use interactive tools; clear visuals; specific, step-by-step instructions; and money saving suggestions. It makes life easier and more enjoyable. Homecheck Summary: One of the first things you'll notice are the pop up ads on every page; incredibly annoying and overused! This site does have home improvement and restoration articles available online. However, the articles are brief and some do not have pictures. The Tools & Guides are useful and easy to use. These tools include planning the layout and painting rooms to calculators for figuring out the cost of materials in advance. Overall this site is better for stimulating decoration and remodeling ideas but does little to tell the do-it-yourselfer how to tackle these projects. BobVila.com www.bobvila.com Web Site Summary: Online and on the job site, home improvement pro Bob Vila helps homeowners build their dreams. Homecheck Summary: This web site offers a lot more information than just TV listing times. It is easy to get around, however, there is so much information available the choices at first can be a bit overwhelming. Articles are very practical and thorough, fix its include diagrams and photos, and the videos are a great way to review topics if you missed the television show. Design tools and the bulletin boards do require a sign up, but it is FREE! These tools are great and easy to use. Overall this site is one of the most informative and generous internet sites offering expert advice. DoItYourself.com http://doityourself.com Web Site Summary: N/A Does list a great deal of quotes from media sources and what they say about the site. Homecheck Summary: This web site really uses the point and click method. Once inside, most of the pages show all possible selections at once leaving the user to scroll and review at will. For shopping this works best. Once in the home improvement section, each topic has How To, Q&A and Tips. All are written concisely and use some pictures when applicable. Some How To's are more informative than others. Depending on the topic, users may find not all their questions answered as the subject may only have an introduction/summary instead of a full tutorial. More diagrams and drawings for some of the How To sections would be nice as well. Finally, a collection of manufactures and suppliers are listed by area of expertise or in advertisements throughout the site. (For professionals interested, listing on these pages begins at $30.) DoItYourself Network www.diynetwork.com Web Site Summary: DIY Network is your television source for the latest do-it-yourself projects, including Home Building; Home Improvement; Automotive & Boating; Crafts; Gardening; Living; and Woodworking. Informational and entertaining, DIY's programs and experts answer your most sought-after questions, plus offer creative projects that will inspire you to do something out of the ordinary - yourself. DIY's web site, DIYnetwork.com, features step-by-step instructions for all that you see on-air, totaling more than 15,000 projects online. Homecheck Summary: The tutorials do point out the television show times. However, if you miss the show, a step by step detail with pictures from the project are available online. Not all the show reviews are meant to be tutorials of how-to but instead are examples of what may be accomplished; a sort of idea bank. Overall the tutorials are clear and easy to follow. There are also some project planners available, but these are borrowed from the Lowe's web site. Home Decoration Concepts www.homedecorationsconcepts.com Web Site Summary: Homedecorationconcepts.com is a site that has been built to ensure you have all the information you want when you build your own house. The information presented here covers various aspects of home decor ranging from individual articles on decoration bedrooms, kitchens, bathrooms etc to general articles on furniture &furnishing the house. The site even provides you with articles based solely on how to paint and maintain your house. In short, Homedecorationconcepts.com can be your first step towards your dream house! Home Depot www.homedepot.com Web Site Summary: The Home Depot is the world's largest home improvement retailer and second largest retailer in the United States. We help our customers build their dreams by being more than a store. Learn about Home Depot and our other subsidiaries that specialize in everything from flooring, lighting and interior decor to landscape supply. See how we're making your community a better place to live. Find a career with a Home Depot company or invest in your future as we drive to establish wealth and financial security for our investors. Homecheck Summary: An extension of the store, this site is intended to sell products. However, it also has some tips and ideas for using the products available. The tutorials on this site do come with difficulty rating and photographs of the project steps/procedures. An easy tool included in the tutorials is a printable shopping list so you may know exactly what you need (and where to buy it!) for any project. The only downside is the planning tools are brand based and only show painting color schemes, shelving layouts, etc. using one particular brand. Home & Garden TV www.hgtv.com Web Site Summary: At HGTV.com, you'll find even more of what you love about HGTV: instructions for thousands of home and garden projects, video tips, an interactive Program Guide and episode finder, Calculators, Message Boards and more. Just click on your favorite topic—Decorating, Remodeling, Gardening, At Home, Crafts—to learn the latest on enhancing your nest. And be sure to visit the HGTV Store for unique home and garden gear. Homecheck Summary: The How-To tutorials are great. They take you through step-by-step with audio and visual review. After watching the segment you may print out written instructions as well. It does work best with a high speed internet connection. Only negative comment is we wish there were more! But these are sponsored by Lowe's and users may always click on the advertisement to go to their library as well. The Home Improvement Web www.the-home-improvement-web.com Web Site Summary: The New Home Improvement Web Directory - Tips, Design, Decorating, Repair and Improvement Information For The Consumer and Professional! Find Improvement Tips, Products, Professionals, and Services in Canada, United States, and United Kingdom! Homecheck Summary: Some great articles about home maintenance and repair. However, there are no illustrations. Many of the articles are submitted by other web sites/sources, but the quality of the articles seems to stay about equal. HomeStore.com www.homestore.com Web Site Summary: Homestore, Inc. is a leading supplier of media and technology solutions that promote and connect Real Estate Professionals to consumers before, during and after a move. Homecheck Summary: This site is primarily geared to those looking for realtors, homes, apartments and other real estate listings. To find home improvement articles go the Home & Garden tab at the top right. Here you may find decorating and some guides to home improvement projects. The tutorials are borrowed from the Creative Homeowner text and include great pictures with the step by step guide. Finding the tutorial you are looking for can take a little time through the different menus. It is easy to click on another feature and be taken to another site; although the new site is owned by the same group, why you went there may not be clear at first. Again, do-it-yourself home improvement is not the main feature of this site so unfortunately there are not as many articles and projects; but the articles it does offer are easy to follow and have good visual aids. HomeTime.com www.hometime.com Web Site Summary: Welcome to Hometime.com your online source for home improvement, remodeling, and repair information. Here is where you’ll find project advice, information about current and past TV episodes, behind-the-scenes Hometime information and a variety of products to help you with all your project needs. Homecheck Summary: This site has project advice, information about the show and a variety of products to help you with all your project needs. Also find lists of vendors and their contact information for materials you see used on the show. The how-to tutorials on the web site are basic. Check out the archives to find past episodes that relate to your own projects. Copies of programs can be bought and usually cover one individual tutorial or the whole series related to construction of one house project. Home Tips www.hometips.com Web Site Summary: Home Tips is your free one-stop resource for help with home improvement, remodeling houses, home repair, decorating, and buying appliances and other home products. Homecheck Summary: This site has some lengthy articles and some quick summaries. Very few pictures and a lot seems to point towards purchasing material through the site. That is not to say the information isn't valuable; many of the articles/buyer's guides offer good reviews of the materials available to the consumer. There is a section of D-I-Y Instructions that offers a bit more insight. But again would like more step-by-step, illustrated instructions. Lowe's Home Improvement www.lowes.com Web Site Summary: [Well the closest we could find!] Lowe's has been Improving Home Improvement ® for more than 59 years. In 2005, Lowe's earned several notable industry distinctions, including: Ranked 43 on the FORTUNE 500; Named 2003, 2004 and 2005 ENERGY STAR Retail Partner of the Year; Operates more than 1,100 stores in 48 states Homecheck Summary: Offered by the retail store as an extra feature, the primary goal of the site is to get information about and/or purchase products for sale. Prompted for your Zip Code, this information is used so you may search for products available in your area (this includes plants!). Navigation is easy, however some pages heavy with images may take longer for some computers to load. Most of the tutorials suggest certain products, which is to be expected. However, these tutorials do still prove to be helpful and diagrams are provided for more complex tasks. Check out their 'In-Depth Microsites' for more information and online tools such as the Garden Planner. The Garden Club has really useful tools with great information about plants. Overall, this site does prove helpful to the home improvement weekend warrior. Michael Holigan's Your New Home www.michaelholigan.com Web Site Summary: Michael Holigan’s Your New House, seen on broadcast stations and cable by more than 2 million viewers every week. We promote tips and advice on how to build, buy and remodel the home through our TV show...serve as a source of expert advice and information for consumers on topics relating to: New home construction, The purchase and financing of new and existing homes, The purchase and financing of manufactured homes, Residential remodeling, Home improvement Homecheck Summary: Tutorials are available through online copies of show transcripts or broken down into step-by-step online tutorials. The use of photos help illustrate the steps of the projects. If you have a good connection you may also watch video excerpts from the show. All around great advice and direction. Just can't wait for there to be even more topics available. MSN House & Home http://houseandhome.msn.com/ Web Site Summary: [Could not find one for this section, but everyone is pretty familiar with MSN.com for which this is an extension.] Homecheck Summary: Tutorials and content is provided by Better Homes and Gardens. Articles are short and to the point. Most have drawn illustrations. Start Remodeling www.startremodeling.com Web Site Summary: StartRemodeling.com’s Roots began in 1997 as an interactive sales tool for Lone Star Specialty Remodelers, a Houston, TX based remodeling contractor, in business since 1982. The site, still owned and operated by Real Remodeling Professionals, was transformed in 1999 to bring visitors to the Internet an informative and easy to navigate site that will allow them to locate anything and everything they may need to improve their homes. Homecheck Summary: Some good short articles and how-to's are in the Interior and Exterior Showcases. The remodeling values article is a nice hidden gem as it was the first we saw of someone illustrating how that major home improvement project may effect the resale value of your home. Overall, the articles are bit hit and miss and could use more visual aids, but there are some definite gems to look over in the archives. This Old House/Ask This Old House www.thisoldhouse.com Web Site Summary: Homeowner Know-how: Our extensive database of do-it-yourself articles and step-by-step instructions help homeowners execute a wide range of home improvement tasks. Organized by topic, this section covers everything from kitchen and bath to yard and garden. Homecheck Summary: Some free tutorials available online. However, most information is only available to magazine subscribers ($4.93/3 issues & presumably much more through online access). The guides that are offered for free are well written, have great photographic visuals and are easy to follow. It may make the subscription worth it to those who want expert guidance and help. TrueValue www.truevalue.com Web Site Summary: True Value, operating worldwide, has been a leader in the hardware industry since 1948. With its broad and deep product selection and helpful customer service, True Value is a trusted resource for do-it-yourselfers in big cities and small towns alike. Homecheck Summary: The web site for the retail store, this site has some good directions for home projects and improvements. The tutorials are very detailed. Drawn pictures serve as visual aids; it would be nice if there were more of them for some of the projects listed. Well written and easy to follow articles. Don't forget to check out the expert Q&A where you may submit questions or review the archive or questions asked. Toolbelt Diva http://media.home.discovery.com/fansites/toolbeltdiva/toolbeltdiva.html Web Site Summary: As the feisty host of Discovery Home Channel's new series Toolbelt Diva, Norma pairs up with female homeowners to tackle a variety of home-improvement projects. Toolbelt Diva proves that any woman can take on just about any home-improvement project, and it also has plenty of information and insight for the man of the house as well. Homecheck Summary: A fun twist to the usual home improvement shows, this tv show's web site also offers video clips and written guides reviewing projects handled on the show. Wish there was more material available online as the topics covered are still rather limited.

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.