The officer worker has recently taken her disdain for my friend to a new level.  Last week she sent her a “comply” letter stating she had to clean up the cigarette butts on the ground behind her balcony or be fined $25.  My friend - a neat freak - quit smoking two weeks ago and even when she did smoke, she used ashtrays.  But to be cooperative, she cleaned up the butts anyway.  After she cleaned, she walked around the complex and saw about three thousand more outside of every building in the apartment complex.

Then today she received another letting informing her that the only “allowed” items on balconies are chairs and “lush” plants.  My friend has two chairs and two plants on her balcony, while others have exercise equipment, holiday flags, tables, and other items.  My friend again walked around and not a single other door had the “notification letter” that she had received.

Clearly she has been targeted and is being harassed.  Besides withholding maintenance work, a landlord may make verbal and written complaints of tenant’s supposed improper conduct.

She needs to understand that she does have rights as a tenant. First and foremost, the tenant should talk with the office to discuss the problem.  Open communication is always helpful in any misunderstanding.  If, however, no progress is made, a tenant can file a complaint to the police about  being harassed to establish a “pattern” of harassment should the landlord continue to hassle or if the office worker steps up and threatens to evict.

If the harassment goes to that level, consult an attorney or the Consumer Protection Agency for help.

Meanwhile, keep the apartment clean, pay your rent on time and give them no reason to pester you!

Photo by Andrea Shaffer via flickr creative commons.

On the flip side, they tend to nag over even minor infractions.  For example, a Realtor in my office was complaining last week that a condominium he had listed would not sell because he is not even allowed to put a sign in the window.  (My thoughts are it probably won’t sell because nothing is selling in that specific condo complex given the recent crime and gunshot activity, but that’s another story!)

HOA’s can also be a ginormous pain in the wallet.  Dues from $50 (if you can get off cheaply) to $400 - depending on where you live, of course - will cover things like outside maintenance, insurance on the outside of structures (roofing, brick, vinyl), and management fees.

But what happens when there are a large number of vacancies due to foreclosure, abandonment, or home owners refusal to pay (the subsequent foreclosure won’t help in the short-run).  Some HOA’s are increasing their fees - forcing paying residents to make up the difference.  That doesn’t sit well with The Market Ticker,

Here’s what’s being claimed:

As a result, the remaining homeowners have become secondhand sufferers in the foreclosure crisis, experts said.

No, their foolishness was buying into such a community in the first place.  HOA’s have their place where the essence of the development is shared resource that has to be apportioned among the homeowners.  For instance, townhomes or condos where the roofs (and sometimes entryways, driveways and parking facilities) are shared, and therefore shared responsibility is mandatory for those items.

Genesis goes on to explain that home owners can vote to kill the HOA and it does NOT prevent people from being able to obtain title insurance when they sell.  Go read the whole op ed (caution: some strong language).   If I had to pay up to $200 per month on an HOA fee, I’d be the one carrying the petition around to eliminate the HOA.

As a result, there is again discussion on reviving the home buyer tax credit, but the Obama Administration has not yet moved forward on that plan. Instead, relief is being given in the form of refinancing programs along with an emergency loan program for the unemployed, according to MSNBC.com.

“It’s too early to say whether the tax credit will be revived,” [Housing and Urban Development Secretary Shaun] Donovan said in an interview on CNN’s “State of the Union” program. He said the administration would “do everything we can” to stabilize the shaky U.S. housing market.

Relief at this point would be welcomed by possibly one out of ten home owners, real estate agents included!

1. A scary looking dog in the front yard.
2. A house with no air conditioning on a 100 degree day.
3. A bad smell inside.

Typically there are two smells easily recognizable:  smoke and pets.  If you list your house, go outside to smoke.  Make an effort to get rid of the existing smell as well.  Paint, wash the curtains, shampoo the carpet, mop floors, wash blankets and bedspreads.  And - again - go outside to smoke.  Also remember to empty the outdoor ashtrays before showings because… gross!

Pet smells are a little more difficult to deal with, but thoroughly cleaning the house - and we’re talking DEEP CLEANING - is a good first step.  Like cigarette smoke, you may need to wash curtains, bedspreads, and other fabrics or surfaces that hold smell.  Once the house has been deep cleaned, vacuum every night AND be sure to give your dogs regular baths so if they have to be inside, their odor won’t be as strong.

Change the kitty litter often.  And by often, do it EVERY DAY… we’re talking the scooping kind of litter.  The odor of what cats leave behind in their sandboxes is just disgusting.

Walking into a house with a bad smell is a huge turn off for buyers.  Don’t fool yourself into thinking that it’s not that bad because if YOU smell it, it will be ten times worse for the buyer.

Where I live, we like to see between $500 and $1000 (at least), though three to four short years ago people were getting away with just $200.

Today a $200 earnest money check would signal the buyer is unable to come up with more money, so may be unable to gain financing.  When I work with a seller and a buyer tries to put down a minimal amount, I encourage the seller to counter the offer and ask for a more realistic earnest money amount.

Earnest money checks may be made payable to the listing broker, although it can also go to the title company or the selling broker. It is reimbursable to the buyer under several circumstances, but specifically if contingencies are not met.  For example, if a buyer is unable to get loan approval, if the house does not appraise, or if a major find is discovered during the inspection the buyer can cancel the contract and have their money refunded.

When can a buyer “lose” the earnest money?  If they get cold feet and walk away from a contract for a reason other than a contingency written in the contract.  In this event, not only can a seller keep the earnest money but they can also seek legal advice to sue for breach of contract.

When the contract goes through to closing, what happens to the earnest money in the transaction?  Many contracts are written so that the money is applied to the purchase price on behalf of the buyer (it is their money after all).  The money could also be applied to the closing costs or the down payment.  Finally, the earnest money could be refunded to the buyer at the closing - depending on how the mortgage lender structured the loan.

The earnest money can be just as important to the buyer in the end as it is to the seller in the beginning.

Photo by Jennifer Dickert via flickr creative commons.

July’s sales fell by more than 27 percent to a seasonally adjusted annual rate of 3.83 million, the National Association of Realtors said Tuesday. It was the largest monthly drop on records dating back to 1968, and sharp declines were recorded in all regions of the country.

The question is, how long until a steady housing recovery?  While not an economist, I’d argue that the housing recovery will solely depend upon recovery of the job market.  With first-time unemployment filings hitting 500,000 last week - the worst report for the year - there’s still a lot farther to go for a full recovery.  Until people feel confident in their jobs being secure, the likelihood of major purchases like real estate and cars will be low.

While there is some housing activity, I expect the recovery to stall for another six months as we get through the dark winter months.

This has resulted in two distinct kinds of houses:  the handyman special or mobile homes.

The plus of the handyman special is they have been site-built so living in tornado alley, they should be a little safer.  In addition, they’ll likely be sturdier in the long-term when faced with weathering the elements.  The downside?  Oh my… the bad smells, the foundation issues, close neighbors, overgrown yards (one where we actually saw a mouse run from one side of the yard, across the driveway, and into the tall grass on the other side of the yard), the holes in the wall, the additions clearly built without permits and codes inspectors, the missing appliances, adn the list goes on.

The plus of mobile homes?  They have in general been in excellent condition.  They typically come with several acres of land.  And they’re usually thousands of dollars less than the site-built homes.  The downside is even with a permanent foundation, a strong wind could tear them apart.  Insurance will be higher - especially because the acreage is located outside of city limits, therefore farther from fire stations.

What would you pick?  Me?  I’d be all about the mobile homes with lots of land and trees for added privacy.

I actually take a multitude of photos of my listings, then set up a nice tour on Animoto.com.  If you haven’t found that site yet, don’t walk but RUN to use it.  Amazing, it is!