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.

Wood pests, wood destroying organisms, structural pests, termites and dryrot, or, fungus, whatever or however you refer to them, they are the uninvited, unwanted guests that can degrade the wood structure of your home, or, the home you are interested in purchasing. What is interesting is how these conditions are addressed in the various states. Some states allow Home Inspectors to identify and report on these issues if the inspector is properly certified/licensed. Meanwhile, other states (California is one) do not allow Home Inspectors to identify wood destroying organisms unless that inspector is also licensed as a Structural Pest Inspector, of which there are very few. But, if the inspector is properly licensed, then the reporting will be done on a report form mandated by the Structural Pest Control Board located in Sacramento, and the reporting process falls under a whole slew of regulations administered by the Structural Pest Control Board. In California, a Home Inspector can only mention a “wood pest” or “white growth” condition and note it in his or her report, and then, can only refer/defer to a licensed Structural Pest Inspector/Company for further details, proper identification of the wood pests involved, and, recommendations necessary to correct/repair the issues present.

This practice is unfortunate as that process breeds (in California anyway) a huge conflict of interest situation that revolves around the home sale/purchase activity. In California, the Structural Pest Companies perform the “termite” inspections (the term commonly used to describe a Structural Pest Inspection) for little or no money with the intent of getting their “foot in the door” to do the chemical treatments and repair jobs, which can be very expensive. So, lets peel off the first layer of the onion. The scenario goes: The inspector/company you call to make the inspection is the same person/company who provides you with a report that outlines the repairs and chemical treatments that he/she says are needed, which is the same person/company shoving a pen and a work contract into your hands to sign, which is the same person/company that sends out their repair crew to perform the work, which is the same person/company that “inspects” the completed work and then issues a Notice of Completion and certifies the property “free and clear.” I don’t know about you, but in my opinion, that is a big conflict of interest.

But wait, lets take it one more step further. Lets peel off the next layer of the onion. How about the fact that many of the “termite” companies pay their inspectors straight commission on WORK PERFORMED/COMPLETED! Might that smack of a little conflict of interest? How comfortable would you feel having your home inspected under those conditions? How objective and impartial do you feel the outcome of the “termite” report will be, knowing that the “termite” company/inspector lost money the moment the tailgate of the inspectors’ truck went through the shop gate on the way to the inspection and now they need to recoup?

Time to peel the next layer off of the onion (are your eyes watering yet?). Now lets throw the real estate agent into the mix. The agent calls the “termite” company for his client (purchaser) and orders the inspection. All fine and good unless this agent happens to be one of those who has a predetermined idea as to what the outcome of the inspection should be in order to close the deal quickly and with no hassles even though the inspection report may have no basis of reality as to the conditions present. This is why, on occasions too numerous to count, two inspections of the same home are worlds apart. The rule is: both/all reports of the same home should contain the same findings, but the recommendations to repair may differ as inspectors may have different methods to correct the conditions found. It is very disturbing when comparing two reports of the same home, that, the diagram, as well as the findings, are as if the two inspectors looked at two different homes. But, this occurs all too often because of the pressure applied by the agents by “black balling” inspectors that are perceived to be “deal busters” because they actually do their job and accurately report conditions present.

Please don’t feel that this discussion is saying that all real estate agents or termite inspectors/companies are “shady.” More are good than bad, but the questionable still exist and you need to be aware and "do your home work” so you don’t end up in a situation for which you didn’t bargain.

So, lets peel another layer off of that onion, but in a positive way this time. ALWAYS, I REPEAT, ALWAYS interview the real estate agent before engaging them. Just because the agent meets you at the door of the office doesn’t mean you are “stuck” with him/her. If the agent is the listing agent of the property, be especially wary. They will not legally be working for you or have your best interest at heart. That is where the questionable termite inspector/company may suddenly appear. You want to ask the hard questions and get the proper answers! You want to know names and phone numbers---- not of sellers, but of purchasers of property handled by the agent so you can find out how their (the purchaser) experience was. Of course, this is a good time to find out how satisfied they were with the pest work that was performed. You would be surprised by how many buyers are very unhappy with the quality/completeness of the pest repair work but don’t have the stamina to “fight the system.”

In closing, referrals from qualified sources are your best way to find the inspector and real estate agent that will best serve you. Remember, the ones charging the least are most likely the ones to give you the least. A home purchase is probably the single largest investment any of us will make in our lifetime, so don’t shortchange yourself by falling into the age-old trap of the “cheapest.” Ron Ringen owns and operates Ringen’s Unbiased Inspections, which is located in Sonora, California. Ringen’s Unbiased Inspections serves the beautiful gold country of California that includes the foothills and Sierra Mountains in the counties of Tuolumne, Calaveras and Amadore. Ron has been involved with the Structural Pest Control business for 43 years and has been a licensed Structural Pest Inspector in California since 1968. Ron is a licensed General Contractor (B) in California and has been since 1977. Ron is certified with the American Institute of Inspectors as a Home Inspector, Manufactured/Modular Home Inspector and a Pool and Spa Inspector.

Myth: Assessed value should equate to market value.
Reality: While most states support the concept that assessed value approximate estimated market value, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of the improvements, or when properties in the vicinity have not been reassessed for an extended period.

Myth: The appraised value of a property will vary, depending upon whether the appraisal is conducted for the buyer or the seller.
Reality: The appraiser has no vested interest in the outcome of the appraisal and should render services with independence, objectivity and impartiality - no matter for whom the appraisal is conducted.

Myth: Market value should approximate replacement cost.
Reality: Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind.

Myth: Appraisers use a formula, such as a specific price per square foot, to figure out the value of a home.
Reality: Appraisers make a detailed analysis of all factors pertaining to the value of a home including its location, condition, size, proximity to facilities and recent sale prices of comparable properties.

Myth: In a robust economy - when the sales prices of homes in a given area are reported to be rising by a particular percentage - the value of individual properties in the area can be expected to appreciate by that same percentage.
Reality: Value appreciation of a specific property must be determined on an individualized basis, factoring in data on comparable properties and other relevant considerations. This is true in good times as well as bad.

Myth: You generally can tell what a property is worth simply by looking at the outside.
Reality: Property value is determined by a number of factors, including location, condition, improvements, amenities, and market trends.

Myth: Because consumers pay for appraisals when applying for loans to purchase or refinance real estate, they own their appraisal.
Reality: The appraisal is, in fact, legally owned by the lender - unless the lender "releases its interest" in the document. However, consumers must be given a copy of the appraisal report, upon written request, under the Equal Credit Opportunity Act.

Myth: Consumers need not be concerned with what is in the appraisal document so long as it satisfies the needs of their lending institution.
Reality: Only if consumers read a copy of their appraisal can they double-check its accuracy and question the result. Also, it makes a valuable record for future reference, containing useful and often-revealing information - including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, neighborhood description and a narrative of current real-estate activity and/or market trends in the vicinity.

Myth: Appraisers are hired only to estimate real estate property values in property sales involving mortgage-lending transactions.
Reality: Depending upon their qualifications and designations, appraisers can and do provide a variety of services, including advice for estate planning, dispute resolution, zoning and tax assessment review and cost/benefit analysis.

Myth: An Appraisal is the same as a home inspection.
Reality: An Appraisal does not serve the same purpose as an inspection. The Appraiser forms an opinion of value in the Appraisal process and resulting report. A home inspector determines the condition of the home and its major components and reports these findings.

J. Myers & Associates Inc. 5098 28th Avenue South West Naples, FL 34116 Phone: 239-793-3430 Fax: 239-793-3430 E-mail: JasonMyers@embarqmail.com E-mail: JasonMyers@embarqmail.com

Bugs are a part of life and rodents often come wandering through. These animals are part of the environment and serve their purpose in the great chain of things. However, they can become a nuisance and may even be dangerous if they take over our homes. They are then more aptly called 'pests' and need to be dealt with. This quick article will give you some preventive tips about how to battle common pests. You may adjust many of these tips to various bug and critter problems.

ANTS

Seeing ants around a home is usually taken for granted; however, an ant colony in your home can become a serious issue and should not be ignored. Identifying the species will be important to identifying the type of problem you have. A black ant may be something you can live with when moderated but a carpenter ant is just as dangerous to your home as termites. So what attracts these pests? Food scraps, crumbs, sugar spills or pet food are just a few examples of the type of foodstuffs that will attract many ants. Also, leaky pipes and other sources of water will also help keep the ants happy. Some ants, like carpenter ants, will go for rotting wood. How do you know if you have ants? Well, in most cases you will see them. Soldier ants will make not secret of their presence as they march through your kitchen looking for goodies. In a large indoor infestation you may also see the swarming of winged ants as they search for a new place to colonize in spring/summer. In cold winter months, if you see ants indoors, they are probably in your home rather than coming from outdoors. Finally, how do you get rid of them? First step is to follow their trail to their home. This may lead you to breaks in the baseboard, window, etc. showing you how they are approaching from an outside nest. In this instance, simply seal up entry points. If you find their nest is in your home or you cannot locate it for certain, then baiting is the best option. Ant colonies can sometimes be hard to locate and spraying may just encourage them to pack up and move to another corner of your home. Instead, baiting lets them take poison back to the colony themselves. Baiting is also considered less toxic than spraying. However, make sure it is out of the way or ignored by curious children and pets.

BEES/HORNETS/WASPS

Bees are essential to the eco system, helping plants spread pollen. Wasps, although they look similar to bees (have a thinner waistline), actually survive both on eating nectar and other insects which make them just as beneficial to the ecosystem. Although bees and wasps look the same on the outside they have many behavioral differences. However, one thing that does remain certain is that they all should be handled with caution. When both move too close to our home they can become a problem. So what attracts these pests? Both are attracted to areas that do not receive abundant traffic. This is why you may discover them on your property in areas used less often such as near sheds or side storage awnings. Bees and wasps may build their colonies in the ground, old tree trunks, cracks/openings in buildings and generally other quiet, out of the way places. Paper wasps make the nests in limbs, under eaves of houses and other high places. A good source of food and water and bit of piece and quite offer ideal conditions. How do you know if you have a bee problem? With bees you may not know until your at the area with a hive in the ground. Nests of paper wasps and hornets you can usually spot up in a high corner or nook. Again, bees, hornets and wasps can be beneficial to the ecosystem around your home and if they are not causing a danger may be left alone to work their magic for the summer. However, if they are in structures of your home or too close to where the family may stumble on their territory you should seriously consider getting rid of them. Finally, how do you get rid of them? Be very, very careful when going after any of these groups. Especially in the case of underground hives you may not know how large the hive could be. The biggest threat will be swarming. To protect yourself, make sure to cover you body as much as possible; use gloves, hat, scarf, etc. Also, try to get the nest at dusk or later when most wasps/hornets are back at the nest. There are many specialized chemical sprays on the market that can help eradicate these nests. Again, just make certain to proceed with caution or contact a professional if in doubt.

COCKROACHES

Cockroaches are notorious household pests. These bugs colonize rapidly and can contaminate everything they touch with diseases and allergens. They can spread sickness and irritate those with allergies. Not to mention they can overtake an area with a colony and cause physical damage to your home. So what attracts these pests? Cockroaches are attracted to damp and unsanitary places; sewers, drains, kitchens, bathrooms and storage areas to name a few. How do you know if you have a cockroach problem? If you don't see the cockroach directly, you can usually find signs of their damage and fecal matter. If you suspect cockroaches, setting up traps where you think they are active will help get an idea if they are in your home. Finally, how do you get rid of them? Sanitation is going to be the first key step. Getting messy, mildew ridden places clean will help minimize their romping grounds. Another step is to set up traps so you may better pinpoint their home(s). You will then need to set up a monitored program that may include baits, dusts, sprays and more traps. Keep track of your progress, if the problem persists you should enlist professional help. Also, the extermination program may vary depending on the species of cockroach in you home. A professional will know how to identify the species, find the colony (or colonies) and set a program to fully eliminate the intruders.

FLEAS

Fleas are usually a pest pet owners are the most aware of. These insects live off mammals, biting them and laying their eggs on them. The eggs eventually drop off onto sleeping areas and other areas frequented by the pet and continue their development there. Some animals and people are allergic to their bites, most however, just find them annoying. So what attracts these pests? You do, and your animals too. These pests survive off eating blood from mammals. Pets that are inside and outside will be the likely carriers of this pest into your home. They will bring them in and usually the fleas will concentrate in their dog/cat beds and other areas they sleep. How do you know if you have a flea problem? Usually targeting pets the most, you'll notice if they are itching and scratching a lot. You'll also may come to notice bites of your own. If allergic you will see red welts develop. Finally, how do you get rid of them? To get rid of fleas many times you will have to exterminate them in the yard as well as your home. Fleas spend most of their time on your pet or other animals. They lay eggs there as well, but these usually fall off into the surrounding area, such as your carpet! This is why when you eradicate your home of these pests you need to first clean these areas. Concentrate on where you pet sleeps and spends the most time indoors. Also vacuum, clean any pet bedding, rugs, blankets and anything else the pet has been near. From here you may then use over the counter insecticide to treat these areas to kill off as much as possible. You will need to apply these more than once as any flea pupae are immune to these sprays when in their protected cocoon. At the same time, any pets should also be treated. You can use flea baths in conjunction with various flea medications or collars. Be certain to read directions carefully as many of these are species specific (i.e. for cat or dog only) or also weight specific; ask your vet for recommendations. Finally, for your yard, there are pesticides you may spray on, again, concentrating on pet kennels, dog houses, runs and other areas they use the most. As with all these pests, you may also hire a professional if in doubt or if a severe infestation arises.

MICE & RATS

Mice are much smaller than rats. However, they are similar in that they have poor eyesight and find their way into your home through cracks and openings, following their nose. These openings may be in the foundation, roof, floor (if unfinished) or anywhere else that has an opening 1/4-1/2" in size. So what attracts these pests? Food and shelter are big draws. Many times it is stored food that you may not directly associate as a problem. An example would be stored seeds or camping supplies. Don't consider your items stored in the attic are any safer, roof rats got their name for a reason! How do you know if you have a mouse or rat problem? If you don't see these pests directly you will hear them and often see their damage. There may be gnawing on holes or entry points in walls or cabinets and gnawing on food boxes and similar items as well. You may also find droppings in the home. Most likely if you see these pests you will see them at night or when it is more quiet in the home. Finally, how do you get rid of them? First eliminate how they are entering your home. Any holes should be closed off with tough metal mesh or sheets. The harder the material the better as these pests can work their way through anything soft, like wood! Remove the temptations like stored food or piled garbage or clutter. For stored foods consider moving items into plastic or glass containers instead of cardboard (depending on how accessible these items are). Next you may use traps or poison or a combination of the two. Most poisons are taken by the mouse or rat back to their burrow, so you may end up a with a dead mouse/rat in the wall of your home - this will not smell good! Also, mouse/rat poison will make pets and humans very sick if ingested, make sure to keep it away from pets and children. Check with a professional if you have a large infestation or are uncomfortable using traps and poisons on your own.

MOSQUITOES

Mosquitoes are annoying! They buzz in your ear and inflict bites that itch and seem to appear out of nowhere. It has always been known that some mosquitoes can transmit diseases. They have received more attention in the news lately due to their carrying the West Nile Virus. It is important that you keep repellent on you when camping and enjoying the outdoors. Here is some additional information about what do you do when they become a pest in your yard and home. So what attracts these pests? These pests lay their eggs in standing water. This can be a pond, a rain barrel, old tire or a tin can (to name a few). As long as there is a bit of water or moisture many species of mosquito can survive. Some will even lay eggs in low vegetation/ground cover that is damp and secluded. What attracts them to you and your pets is your blood supply. However, this is only the females as the male mosquito eats nectar from plants instead. How do you know if you have a mosquito problem? You will know if they are pestering you! Also, if you have standing water or a pond you can sometimes see their activity in the water. Finally, how do you get rid of them? You can start by eliminating standing water on your property. However, this may not rid you of the pest entirely as they can travel distances and may be breeding somewhere away from your home. Next you can get various repellents for your yard and home. However, keep in mind that it will be an ongoing treatment since this pest may be coming from outside your property. Oftentimes, personal protection such as sprays for the skin are your best defense against these pests.

SCORPIONS

These pests are more of an issue in southern states but do inhabit some northern states. They have two large pinchers and a stinger bulb at the end of their tail. Usually they will leave you alone unless provoked. However, if they are hiding in your home you may run into more problems than if they were only living outside. So what attracts these pests? They usually can come into the home like many other pests, through cracks and other openings. The are usually looking for bugs, moisture and dark places to hide. Directly outside the home they may be in wood piles or under rocks. How do you know if you have a scorpion problem? You will most likely see these pests at night when they are out hunting. It is also possible, if they are in your home, that you will find them in closets, bathrooms and other dark and/or damp areas where they are comfy. Seeing one does not mean you have an infestation, however, it does mean that they are getting into the house somehow and you should do an inspection of your perimeter to make sure you can keep others out. Finally, how do you get rid of them? Remove firewood, rocks and debris too close to the home which may offer them their first hideaway. If you have areas of your home prone to moisture problems, then get these areas fixed and dry them out. Regular bug control will help as well as you will be removing their food source. There are chemicals on the market, but you will want to rid your home of hiding places before using these. Seek professional help if you are uncertain. Also, make sure to wear protective clothing when searching them out such as gloves and boots. Most scorpions are not lethal to humans, but their sting will hurt like a wasp or large honey bee.

SPIDERS

Spiders are a part of home life. They can be good friends in combating unwanted insects and aid in pest control. For example, big colorful garden spiders may look intimidating, but they can prove a valuable ally in getting bugs out of your yard. However, all spiders can become pests themselves when they become too abundant or invade your home. So what attracts these pests? Most spiders are attracted to an area with many bugs to feed on. They usually want a high or low corner where they can remain undisturbed. Spiders that build webs, will do so where it can remain undisturbed but will also trap bugs as they wander about. Some spiders, such as wolf spiders, do not build webs but instead go out on potrol hunting for bugs. These spiders will hide out during the day and come out when it is quieter. How do you know if you have a spider problem? You may notice too many webs and in some cases, molted shells within the webs. You may also find egg sacs that are full of tousands of eggs that you will want to dispose of carefully. To squeeze one of these too hard is not a pleasant experience! Also, you may notice spider bites. These small bites will let you know that they are too abundant. Finally, how do you get rid of them? Like many of our other pests mentioned, getting rid of debris around and inside the house will help. Also, getting rid of their food supply - if you keep you other bugs out they won't have food to find in your home. Make sure you identify a spider before acting. If it is a poisonous spider, such as a hobo or brown recluse, you may want to get professional extermination. If it is a garden spider you may want to just trap them and put them outside in your garden where they will become a very good ally.

TERMITES

The most common pests that like to devour your home are termites. These pests alone are estimated to cause $5 billion a year in damages!* These pests will literally eat you out of house and home if left unchecked. Like many pest issues, the damage they can do to your home is devastating and unfortunately not covered by homeowners insurance. Therefore it is important when buying a home to get a inspection for bug problems. So what attracts these pests? Moisture is a big draw and they like to keep the humidity levels up. Keep the foundation of your home dry by ensuring all your drainage is working properly; make a point to check for moist spots so you may correct the drainage ahead of time. It is a good idea to keep a gap between any wood and dense plants and the soil around your home. Along these same lines, you should make sure gutters are kept clean of debris. If they become clogged these too will attract termites to your home. Keep firewood stored elevated off the ground and away from your home. You should not let unused firewood just sit and rot as this will become a termite haven. If building a new deck, fence, etc. make sure to use treated wood and seal it from water. Also, using sand around posts, under decks and other areas will make it more difficult for most termites to tunnel their way in. How do you know if you have termites? If you begin to see flying termites in your home and wings discarded in window sills, doorways, spider webs, etc. this may be a good indication that there is a colony in your home. One of the tell tale signs is pencil sized "mud-tubes" that are part of the network termites build. These tunnels in wood are soft and can easily be crumbled with a knife. Finally, how do you get rid of termites? There are three types of treatments a professional inspector can offer: soil treatment which uses a diluted poison placed in the soil to protect the perimeter and serves for long term protection from termites (this is usually used in cooperation with one of the next two treatments); wood treatment which treats the wood directly effected and surrounding area with poison, and finally bait treatment which draws the termites out which gather the poison and take it back to the colony. Whichever of these you choose, it is highly recommended that you consult a professional to get this type of job done correctly. One item you may want to ask a professional you hire concerns the chemicals they will use. Many of these are toxic well after applied. Make sure they are aware of children and pets in your home and might be able to offer alternatives if necessary.

I recently bought a home in Columbia, South Carolina, and my home inspector said that the water pressure was too high, and should be set to between 40 and 80 PSI. Why is this so? A. The plumbing in your home is designed to function with water pressure between 40 and 80 pounds per square inch (PSI). If the pressure is too low, the water flow in the toilets, faucets and other fixtures will be weak, and if you are running your washing machine and trying to take a shower at the same time, you may not have enough pressure. On the other hand, if the pressure is too high it could cause leaks in the system, and in an extreme case could burst a pipe or fixture. This is especially true in older homes with pipes that may not be in the best condition. I once inspected a house that had a water pressure of 100 PSI, and the owner told me that his garden hoses were always blowing apart. A water pressure of 60 PSI is usually just right for most houses. If your local water supplier will not or cannot adjust the pressure to your home, a plumber can install a pressure regulator between the meter and the house.

Q Our home inspector reported that three windows in our 9 year old house had fogging insulated panes, and he suggested that we contact the builder or manufacturer for warranty information. We contacted the manufacturer who sent a man out, but he said that only two of the windows were fogged. When we called the inspector, he said that insulated windows will fog only under certain conditions, and that we look at the windows at the same time of day that they were inspected. Is our inspector a bit foggy in the head?

A It has been my experience that insulated window panes, when the seal is broken, will fog only under certain conditions. The two pieces of glass in a double-pane window have an inert gas between them which is held in place by a seal. This thin space of gas is what allows the windows to slow down the transmission of heat or cold. When this seal is compromised, ordinary air is allowed to enter, and moisture may condense on the inside surfaces of the glass. These types of windows are most likely to fog on a winter morning a short time after the sun hits them. The outside of the window has been cold overnight, and the inside has been warm. When the sun hits the cold outer glass, moisture condenses and the foggy appearance occurs. A few hours later, as the temperatures stabilize, the fog may disappear altogether. In this case, the inspector was correct to suggest that the windows be inspected under the same conditions. In the case of your 9 year old house, your windows may still be under warranty. The earlier versions of insulated windows were somewhat prone to failure, but technology has steadily improved, and today’s windows are much more reliable. Warranties have gotten much better as well, so it you have foggy windows, check with the manufacturer to see if you can have them replaced under warranty.