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

In the course of inspecting a home, I often find open electrical splices in the crawl space and attic, and I cite them in my report. A splice, in layman’s terms, is a connection between two or more wires. These splices are normally made with a small plastic device resembling a thimble that is called a wire nut. The wire nut is twisted onto the wires, and holds them tightly together for a good connection. In accordance with accepted electrical practice, all splices must be inside an approved electrical box with a cover, and this box must be attached to the framing of the house and accessible. These boxes are either metal or plastic. The reason why splices must be inside a covered box is very simple. When electric wires become loose or overloaded, they can get very hot, and, in some cases, throw off sparks. If the wires are out in the open, they can drop sparks onto combustible materials or otherwise cause them to ignite. The electrical box is designed to contain the heat and sparks long enough for a fuse to blow or a breaker to trip. Crawl spaces are not very nice places to work, and the person doing the wiring is probably in a hurry to get out of there, and not interested in going back to place a cover on each box. Open splices are an invitation to disaster, and should be corrected as soon as discovered. If you suspect that your home has open splices in the crawl space or attic, have a qualified electrician correct the problem as soon as possible.

The days are longer, the temperatures are becoming pleasant and our energy levels are up as we begin to stretch out of our winter hibernation - spring is here! Time to harness some of the new energy and get the spring cleaning out of the way. Although some demigods may have immaculate households and not heed this tradition, most of us do have a bit (or more) of collected clutter and dust around the home. Spring cleaning is a great opportunity to remove dust, mold, toxins and clutter from our households. And as we clean, we notice a pile emerge of unused and unwanted "stuff." This gathered hoard of old décor, books, electronics and exercise gadgets should not be squirreled away for another year! Instead, incorporate into your spring cleaning the determination to get this "stuff" out the door through a garage sale (real or virtual) or off to charity.

Spring Cleaning

Spring cleaning for most households is a family tradition. According to the contributors to Wikipedia, evidence of spring cleaning can be seen in ancient civilizations - from the Jewish tradition of cleaning the house before Passover to the Iranian "khooneh tekouni" or "shaking the house." Many Americans grew up in households where there was a yearly purge of dust and "bad air" from the winter months. This too comes from earlier times when fires of coal and wood were the primary source of heat and rural households sometimes bundled down with the livestock indoors. For this reason, some argue that spring cleaning is not a necessity with our modern furnaces, solid windows and cleaner spaces. Consider this a time then to do the very best cleaning of all your living spaces, appliances and work areas. We all skimp on cleaning out the fridge or stove, now is the time to hit these areas thoroughly. Below we have listed some common items to clean during this sweep. For a more detailed list to help on your cleaning, we have also provided a "Spring Cleaning Checklist."

Common Spring Cleaning Tasks:

Dust ceilings, walls, corners, light fixtures, base boards, vents, and furniture

Wipe down walls, light-switches, outlets, doorknobs and handles

Clean blinds, curtains, drapes, window sills and windows

Clean doormats, bathmats, and area rugs

Shampoo the carpets

Clean the hardwoods and vinyl

Dust and wipe down furniture, cabinets, shelves and countertops

Clear the clutter and get items back where they belong

Consider items for a garage sale, charity run, or dare to think it - re-gift it!

Remember to click here for a detailed Spring Cleaning Checklist! WORD | PDF

Other important items (while your at it):

• Update important documents in safe or safety deposit box
• Update emergency plans and phone trees
• Review emergency plans with family members
• Review all medications in your household for expirations
• Review first aid kits - these don't last forever and you may need to replace some items or the whole kit Also review any other emergency kits
• Test and change batteries in smoke and carbon monoxide detectors

Garage Sale

Now that you have cleaned your house, you have gathered "stuff" that you no longer use, need or want. Your gathered hoard of goodies will probably include:

• Unwanted décor
• CDs / DVDs / Games
• Books
• Dishes / Glasses / Cups
• Kitchen Gadgets/Small Appliances
• Exercise Gadgets
• Craft Goods
• Small Electronic Devices

Now what?

Getting ready for a garage sale can be a daunting task and should be handled with the same planning and care you would give to a major event - just try to keep it fun - you're planning for a big block party where you get to meet your neighbors and make some money! Here are some basic guidelines:

1. Take inventory of your gathered hoard: :Literally list the items as you place them in boxes/bags until the weather is nice for the sale. This will help you organize items. It is very helpful if you begin this process during your spring cleaning.
2. Consider items for charity: If you have some highly valued items, such as gently warn winter coats or clothing, consider giving some of these items to charity. You may try to sell most items and then give the leftovers to charity. However, don't use your local charity as a dump - be realistic and keep only usable items for these organizations.
3. Set a date: Choose a day where you can rest well the night before and commit your full energy the day of the event. Keep the big day reasonable - if you are not a morning person - don't open a garage sale at 8am. With the right advertising you should be able to set your hours and stick to them.
4. Be firm on your choices: If you haven't used an item in a year, then it is a very good chance you won't use it again. Let go of any emotional attachments to items - even if you mother gave you that clock you never use you can let it go. Instead, keep the more personalized items like photos or something handmade. Every gift is not a treasure! Remember - it was the thought that counted - not the unworn tie!
5. Know the going rate: Review other garage sales in your area to see how similar items are being priced. Check online for prices on trade sites such as eBay.
6. Showcase your items: Hang clothes, put small items in baggies, etc. Keeping your selection clean and neat will help buyers decide quickly. Also, label all of your prices. One box of "10 cents each" may be okay, but try to keep most items clearly priced and labeled.
7. Advertise and make signs: These days advertising a garage sale is not only done in the paper. You can post announcements to online localized sites such as Craigslist and even most Penny Savers have an online option as well. When you make your signs keep them clear, big and simple. Make certain to take them down as soon as your sale is over.
8. Change from the bank: Before the big day make sure to get some change for the cashbox. Decide beforehand if you will accept a checks and under what conditions or for which particular items.
9. Prep your sale table: Besides your cashbox, prep your sale table with bags, newspaper to wrap fragile items, paper and pens, maybe a few good munchies and some items for you to do during any slow lulls.

Online Garage Sale

Now perhaps you have items left over from your garage sale or prefer to sell from the comfort at your computer desk at your own pace. Just keep in mind that selling items online will require more time as you write descriptions, place photos and run to the post office. If you have the patience or enjoy the idea of a virtual garage sale, these sites will help you get your unwanted items moving out the door! Amazon Marketplace: If you are a bit of a bibliophile and need to thin your collection, the

Amazon Marketplace can be a great option to sell used books, CDs, DVDs and more. Keep in mind that to list is free, but there are fees when an item sells. Considered more user-friendly than similar sites, it is worthwhile to check it out. http://www.amazon.com/gp/help/customer/display.html?nodeId=1161232

BarterBee.com: A site specifically geared towards recycling CDs, DVDs and computer or consol games between households. Once you sign up for a membership, you list your used items for sale. Sell items to get points. You can then use those points to buy other CDs, DVDs or games that you want to try out. Of course you wouldn't use this site to make cash - points are used for like items. http://www.barterbee.com/

Craigslist: An online mismatch of services, used goods and announcements by city location. Here you may be able to find used items cheap. It can be the ordinary like used furniture to the not so common. For example, I once found someone who had new pavers left over from a patio project that they were willing to sell at a discount just to get them off their lawn. You may also be able to find cheap services such as yard work. However, users beware, there are no regulations on this site and you should take precautions when working with anyone on this list. This site definitely has a mixed history of great successes and terrible wrongs. Be careful. http://www.craigslist.org/about/sites

eBAY: One of the most popular and well known online auction stops, eBay has been around since 1995. Users have the ability to rank other users for the ease of trade transactions. Probably the biggest garage sale on the internet. http://www.ebay.com/

Etsy: Buy and sell handmade items - a great source for crafters and home artisans of all medias. This site allows you to sell your talented pieces or purchase others for less than gallery prices. http://www.etsy.com/

JunkDepot: An online clearing house where you can list your items for sale. To list is $.99 per item and there is a 6 month limit to your posting. http://www.junkdepot.com/

Oodle Classifieds: An online classified search machine that searches 80,000 sources. You can also post your classified adds as well. http://www.oodle.com/

Sell.com: Another online classified site that allows you to list items for sale - a basic add is free and there are no transaction fees once an item sells. You can get a few more bells and whistles for a cost. http://www.sell.com/

Silkfair: Another online trade site that strives to make your life easier with fewer fees and an easy to use interface. A good alternative to check out if interested in selling or buying items online. http://www.silkfair.com/

SwapThing: This site allows for consumers to trade and barter items or services. There is also the option to do flat out sales. Unlike an auction site, you can barter privately and do not have to list items for auction. You enter what you want and it will match you with others who have it available. http://www.swapthing.com/home/index.jsp

Q Our home inspector recommended that we install a chimney cap on the older home that we are buying. The chimney has not had a cap in it’s 60 plus year life, so why put one on now?

A In my practice as a home inspector, I always recommend the installation of chimney caps. Chimney caps serve a variety of purposes. They keep animals such as birds, squirrels and rodents from entering the chimney and in some cases the crawl space. A 60 year old home may have had an oil-fired furnace in the crawl space or basement which would have been vented through the chimney. The vent pipe opening provides direct access for critters. It is not unusual for rodents to crawl down through the chimney into the crawlspace seeking a warm place to nest. Chimney caps also keep out rain and debris such as leaves that can collect in the flu. Chimney caps also serve as spark arresters. Most caps are not expensive, and your local chimney sweep can recommend the one that is best for your chimney.

You have evaluated the neighborhood and find that your improvement is consistent with general aesthetic and size parameters. You plan to remain in the house for some time. You find that a second mortgage payment will not strain your current monthly budget. You feel you can devote a certain amount of time towards planning the project. And finally, you are really sick of waiting in line to go to the bathroom in your own house!

Your next step is to create a project budget. Decide how long you plan on staying in your home. The length of time you intend to stay in a home will affect how much money you should invest in it. If you are going to stay in the home for more than ten years, you should spend as much as you are able to create the home of your dreams. Make a list of all your debts. You should include any debts you pay on a monthly basis, such as mortgages, car loans, credit cards, and any other items with a fixed monthly payment. This list should not include payments for groceries, utilities, telephone services, or other general expenses. Call this list your monthly expenses. Determine your total gross monthly income. Include all sources of income that you would list on a loan application.

You are ready to determine a project budget. Use the following steps for this process; I have plugged numbers into the formulas to demonstrate how each works.

STEP 1
Lenders use a simple Debt-to-Income (DTI) ratio to determine if a homeowner can afford the additional debt of a remodeling project. DTI Enter Your Total Monthly Expenses $2,860.00 Add the Estimated Monthly Payment for the Project +$775.67 Total $3,635.67 Divide the Total by Your Gross Monthly Income $7,950.00 DTI = 45.7% Each lender will approve loans at a specific DTI percentage (most lenders will tell you what their set DTI ratio is, if you ask). In this example, let us assume that the lender accepts DTI ratios of 45 percent. You are right at the cusp of qualifying. Provided your credit rating is good and you have plenty of equity in your home you will most likely be approved for this loan.

STEP 2
The next step is to determine the maximum monthly payment you can afford for remodeling. Multiply your monthly gross income amount by the lender's maximum DTI allowance, and subtract your current total monthly expenses, excluding the estimated remodeling payment. Gross Monthly Income $7,950.00 Lender's DTI ratio x.45 Subtotal $3,577.50 Less Total Monthly Expenses -$2,860.00 Maximum Affordable Payment = $717.50 Use this figure to determine the maximum available to you to borrow. In this case we assume that the home improvement loan is a fifteen year note at seven percent. The maximum you can borrow is forty-seven thousand dollars for your project given this monthly payment. There are many different options you can explore with your lender during this process. These options can sometimes increase the amount you can borrow; it is best to discuss this thoroughly with lenders. We discuss financing in more detail in the next section.

STEP 3
The final consideration for your budget is if there is any available cash to supplement what you borrow for the project. These are funds not being set aside for future financial obligations such as retirement, college, or other major purchases (like a new car). They are not required for monthly or general expenses as well. In this example let us assume that you have three thousand dollars in excess funds available for the project. This brings your maximum project budget to fifty thousand dollars. The budget now becomes the overriding parameter that drives the project. Every decision from this point forward is made according to the limits set by the budget. The next thing to consider is the percentage of the budget necessary for contingencies. Contingencies are unexpected items that present themselves during the course of the project. The guideline is to set aside between five and twenty percent of your budget for contingencies. The actual percentage depends upon the complexity of the project. For instance, a new roof generally does not require other ancillary items be repaired or altered in order to install the roof. Therefore the minimum contingency of five percent is usually sufficient. On the other hand, a large addition to your home involves many more trades and materials that likely require the maximum contingency of twenty percent. As a rule if any portion of your existing walls, floors, or ceilings must be demolished or opened up in order to install the new materials you need a contingency towards the maximum. Although a professional architect and/or contractor have vast knowledge of the construction process he or she does not have X-ray vision. Often times there are situations that complicate construction contained within these areas that cannot possibly be known about until the area is opened. For our example we will assume you are putting on a small kitchen addition (referred to as a “bump-out”). Since you will have to open up an existing wall but the work area is concentrated to a small portion of the house a contingency of fifteen percent should suffice.

This means that the budget for actual construction that you present to the architect is forty-two thousand five hundred dollars. This is the parameter you want your design professional to use. You hold the seven thousand five hundred dollars in reserve to address any unforeseen expenses that occur once the project begins. You protect yourself from scrambling for extra funds in the middle of the upgrade; if you do not use all of the contingency, and there is no rule that says you have to, then you complete your project under budget (heretofore an unheard of occurrence in remodeling)!

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."