Establishing a maintenance routine How much maintenance and repairs will cost depends on several factors. The age of your home, how well it was maintained by previous owners, weather conditions in your area, and your profit expectations, will all impact how much you spend. In general, homeowners should budget approximately one percent of their home’s value for maintenance and repairs. If you make a habit of putting aside a small amount of money each month to be earmarked specifically for home maintenance, then it will be less painful when unexpected repairs are needed or when appliances must be replaced. Many prospective home buyers will not consider a home that is clearly in need of TLC, even in a hot market. Finishing your “punch list” before contacting a realtor will ensure that you are able to ask the highest price possible for your property. Home insurance Lien holders require that you purchase homeowner’s insurance to cover damages to your property from the elements, fire, accident or theft. Additional coverage may be required for floods, tornados, hurricanes or earthquakes, none of which are covered by the typical policy. If you live in an area threatened by one or more of these, it is recommended that you expand your policy to cover them. Likewise, if you have a large number of valuables in your home, your insurance should reflect that. Weigh the return on investment when making improvements Painting is an obvious way to improve your home’s appearance without spending much money, but what about big-ticket items such as swimming pools, or designer kitchens? It is easy to get carried away when you are decorating your home, but many projects do not add lasting value to your home or guarantee that you’ll recoup your investment. Research what features are hot in your market and consider your expenditures wisely. Keep good records When you buy a car you want to see the maintenance records to make sure the oil was changed on a regular schedule. Why not do the same for your home? Scheduling maintenance on your home and performing regular check-ups of your chimney, mechanical systems, and roofing etc... will ensure problems are fixed before they get out of hand. Check List Items you should routinely inspect are: Grading and drainage. Slope and landscaping need to angle away from your foundation. Sidewalks, driveways, decks and patios. These should also slope aways for your home. Regrading may be required and railings and balusters should be as required by code. Exterior wood. Paint untreated wood, porches, deck columns and fence posts to prevent rot. Doors and windows. Maintain caulking around frames or the money you spend heating and cooling your home will go, quite literally, out the window. Inspect you doors and windows for correct fit, missing caulk, paint, broken glass or cracks. Exterior walls. Check brick and stone for missing mortar which can lead to deterioration from freezing and thawing. Blistering or peeling paint could indicate roof leaks, bad gutters, interior leaks from baths or laundry rooms, etc. Make sure there are no exposed nails or warped boards. Roofing and surface water. Inspect your roof and chimney regularly with binoculars or from a ladder, when safe. Remove debris from gutters, and trim overhanging branches. Make sure to inspect after severe storms and high winds. Garage. Check the door opener to make sure the safety reverse is working. Prime the inside and outside edges and check the rollers, tracks, and weather-stripping several times a year. Walls and ceilings. Don't igonre minor leaks. They are sure to become major ones. Mildew and mold can be indicators of a serious problem. Maintain painted surfaces, inspect grout and caulking around sinks, tubs and showers. Replace missing grout to prevent damage to subsurfaces. Attic. If your attic is accessible, inspect roof sheathing, insulation and moisture barriers. Mechanical systems. Trip circuit breaker every 6 months and ground fault circuit interrupters (GFCIs) every month. Check lamp cords, extension cords and plugs.Test outlets near water for proper polarity and grounding. Most hardware stores carry testers that are inexpensive and easy to use. If fuses blow or breakers trip, have an electrician inspect your wiring. Ask him to make certain GFCIs are installed at any outlet within 6 feet of water. Never work with or near electricity when your hands or feet are wet. Never remove service panel covers. Avoid using extension cords when possible. Never replace blown fuses with larger fuses. Plumbing systems. Know where the turnoff is for your system. Do periodic inspections of toilet tanks to ensure they are not wasting water. Make sure your water heater is performing as outlined in your owner’s manual. Remove sediment that has accumulated at the bottom of the tank. The pressure relief valve at the top of the water heater shoud be opened periodically to see that it is in operating condition. Check all valves in your home from time to time. If corroded, clean them and check for leaks. Water treatment systems. Install a water softner if you have hard water to extend the life of your water heater and pipes. Sump pumps. Periodically check for proper operation. Heating and air conditioning. Service annually. Oil furnaces have parts that must be replaced periodically. Check for leaks, odor and soot. Keep bleaches, paint and other materials sealed and away from the heater. Service air conditioners every spring according to the operating instructions.

As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Both the front and back yards of our house offer a buffer between our home and the outside world. Often, especially in the case of backyards, they may be manipulated into a sanctuary outside, giving us a place to relax and enjoy the outdoors at home. Many weekend warriors find outdoor projects fun and rewarding challenges for their spring through fall months. However, sometimes an idea may be too grand or a space too oddly shaped for us to visualize how to put it all together. This is where a landscape designer** may be helpful. These professionals are the "exterior decorators" of the outdoors. They can help in a wide range of outdoor projects whether it be redesigning a whole yard or helping incorporate one feature into your greater masterpiece. They also have an extensive knowledge of plants that will help you find the right color and texture for your yard with a plant that will be happy in that area's light and soil conditions. Before hiring a landscape designer, you should first consider what you want to get out of your yard/project. After this you can begin interviewing different landscape designers to find one that will work with your ideas.

**Frequently today the terms landscaper, landscape designer, landscape architect, landscape contractor are used synonymously. For ease we have chosen to use landscape designer as a "Jack/Jill of all trades" in this article. Keep in mind that these professionals may use the different titles. Also, keep in mind that sometimes your project will require a team of landscape professionals as they may be more specialized. For example, you may hire one landscaper who does only pre-design of the project and hires out the labor to another contractor. Contents: Introduction

Part I: Determining Your Yard Project

One of the major hurdles to your landscape design or redesign will be deciding on what you want to change. Many times the change options can be overwhelming. However, if you concentrate on limitations and functionality of your living space, you will be better prepared to meet with a landscape designer. Here is a basic checklist of things to consider before contacting a landscape designer:

• The most important first step you can take is to determine your budget. Be honest with yourself and set your limit in advance. Once you get started with a landscape designer it can be tempting to stretch your budget. Your landscape designer will appreciate knowing in advance what budget to work in, and your wallet will too!
• **To save money, some do-it-yourself warriors may hire a landscape designer for only a plan and do all the physical work themselves. Many landscape designers will do this and include a list of plants and types of building materials for your reference. Knowing your budget in advance may help determine if this is the best option for you.
• Next you will want to consider your time frame. How quickly do you want things done? Do you need things done by a certain time for an event such as a wedding? Or are you interested in a tackling one area at a time and can spread it out over months or even years? The latter may be considered by those who are interested in purchasing plans but may do most of the physical labor themselves.
• Consider what will be the function of the landscaped space. Are you interested in a gathering place for entertaining guests; a play area for kids and pets; a private hideaway; or a garden for growing flowers and/or edibles? You may even be interested in a combination of more than one of these uses. Also, if you don't use your back or front yard much now, it may help to consider how a change to the space will make you use it more. Or if you are not interested in using it more, perhaps how a change to the design will help with self-maintenance.
• After you have considered the function of your new space(s), you will want to consider any of the hardscapes. These are areas such as patios, decks, paths or anything else that may mean putting down cement, wood, pavers, etc. Knowing what you would like to use for some of these areas will help the landscape designer determine cost and possible layouts. There may also be the chance that the landscape designer will need to contract out some of this work and this effect the price and/or the timeline.
• Think about any particular plants you want to either keep or incorporate into your yard. If you have a tree you want to protect or transplant this can effect design and cost. Or if you want more privacy you may want to consider the growth rate, height and coverage of a particular plant or plant type.

Part II: What to Look for in a Landscape Designer

After you have considered your budget, timeline, function, etc., you will be prepared to contact landscape designers and start to collect estimates. Like working with any other contractor, you should get at least three or more estimates and compare the landscapers available. Do research, review contracts and credentials and make certain you get all your questions answered. Many landscape design projects will not come cheap, so doing your homework will be worth your time and money. Here are a few things to look for when hiring a landscape designer:

• You may want to start in locating a landscape designer by asking friends, family and neighbors who may have first hand knowledge of their work. You may also search the phone book or an online database. More and more you may find examples of their work posted on online websites which may help in your initial selection process as well. Finally, check with local nurseries in your area as they will more than likely know quite a few landscape designers (and they might be able to give some "reference" input as to their reputation as well)!
• When you contact the landscape designer, ask them to come out to your home and view your yard first hand. This way they can get a good idea of the layout of your land and give a more accurate estimate. It is also helpful if you have a list of criteria, gathered during your pre-planning, to give them as a guide to follow.
• It will also be beneficial to look at a couple of the projects they have done in the past. Preferably they will be projects similar to your project's size and style. Many landscape designers will have pictures available, however, if possible try to see a couple sights in person.
• Like with any other contractor, you will want to get a bid before moving forward. Again, having a rough outline of what you want to see accomplished will help the bidding process.
• Ask for references and call them! One of the common errors people make is that they ask for references but then never follow up. Granted, references are rarely dissatisfied customers. But their insight on how the whole project and process worked for them can be invaluable when working out any details for the contract.
• Review licensing and insurance information. If the landscape designer and their crew will be working on your property, you want to make certain they are covered by their insurance. Also make certain they are going to apply for or help you apply for any needed permits. Any contractor that says, "You don't really need that." should be quickly shown the door!
• Once you have decided on a landscape designer, get a written contract for the project. This should detail cost, payment agreement (never pay all in advance!), timeline, materials included, labor included and any warranties. Also, consider any changes to the timeline or cost in advance. How much of a delay is acceptable if the weather turns bad? Is there any leeway on material costs?
• Know the details of any warranty - make sure to determine what is covered under warranty and for how long. What happens if plants die, the fountain breaks, etc.? Who do you contact if your fountain stops working after two years?
• Detail any sub-contracted areas on your project. Who will be sub-contracted, what will they be expected to do and who will be in charge of resolving any questions if the work is not 100% satisfactory.
• Consider the size of plants that will be included in the project. Many nursery plants will not see their potential size until later - sometimes years later. Consider if you want to pay more for a more mature sized plant or change the plant chosen due to its size and growth rate. Go over this carefully in advance with your landscape designer!

So your yard is perfect. You don't need anyone to change a thing or add anything new. But there is that little task of maintenance. Do you have the time to keep your eden in tip top shape? If not, you may want to consider hiring landscape maintenance. Here are some things to look for when hiring for landscape maintenance:

• Before you call, make sure to consider exactly what you want to see done. Is it just weeding, mowing and raking? Or do you also need special maintenance for your pond or pool? Also consider a schedule. What tasks should be done on a weekly, monthly or seasonally basis?
• Ask friends, family and neighbors for references. Check to see if there are already landscapers who come to your neighborhood. Also check with local nurseries. Check the yellow pages or online directories.
• Get estimates! Have the landscaper come out and see your yard. Give them a list of the exact tasks you want to see done. This way they can better see the size and scope of the projects and give you a better estimate.
• Ask for references and call them! Check on to see if they are punctual, neat, thorough and easy to work with. Find out if there is anything you should be more specific on in the contract to avoid any miscommunication.
• Check for business licence and insurance. They will be working on your property, make sure they have their own insurance to cover any accidents.
• Make sure they are aware of and respect local laws. Are they aware of watering restrictions, burn bans, etc.
• If this will be a long term agreement, then make certain to get a written contract. Even for a one weekend job you may want to get a contract to make sure there are no questions about what is expected. As with any contract, the more details the better. Specify cost, payment, timelines, warranties and delays in service.
• Discuss if there is any warranty on their work. If they are taking care of your coy pond and all the fish die, who is responsible?
• Discuss the types of chemicals they may use on your yard. If you have children and pets playing in the yard there may be certain products you do not want used! Discuss the type of equipment they will use. Do they expect to use any of your equipment? Do they have equipment that is safe and properly running?
• Keep in mind that working with a landscape maintenance crew can be a dynamic rather than static relationship. Make sure you continue to get good service and communication is open and easy. If at any time you feel you are not getting your moneys worth or being understood, it is time to end the contract. Don't just accept that this is "just how it is" or "they know better than I do." It is a business deal like any other and you should feel comfortable that you are getting the services you pay for.

Conclusion

It can be fun being the week-end warrior and master of your outdoor domain. However, sometimes the projects you have in mind for your front and/or back yard can be a bit overwhelming. Consider hiring a landscape designer for part or all of the project. You will learn some great design and technique ideas from them and save your back a bit too!

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.

The phrase "buyer's market" is used a lot in the news today. Frankly, it is one. The interest rates are encouraging, although not the lowest for 30 year loans, they are still low and make it a good time to buy. Also, there is quite a choice for buyers to choose from on the market. This only increases as we get into spring and summer. So how do you get your home for sale to stand out from the crowd? Set a realistic sale price. First, know the appraisal value of your home. If you don't, hire an appraiser. You need to know what the bank thinks your home is worth. Setting your price too high can break a sale at closing. Next, take a good look at the market around you. Compare yourself with like homes; homes that are the same age, similar square footage, comparable yards, and in similar neighborhoods. Then see which of these homes have been selling and which have been sitting. Consider how long you want to be on the market. Depending on your location, even a well priced home may take 60-90 days or longer in a buyer's market. Make sure to concentrate on here and now, do not get stuck looking at what your home might have sold for last summer or fall. Facing the reality of how much your home is worth on the current market will help you avoid reducing your price or offering incentives you would rather avoid. Know your competition. As stated above, make sure to compare yourself to like homes. Also, check to see what, if any, incentives comparable homes are offering. Tour some of the homes. Get an idea of what updates have been done. Take a look at how comparable homes are being staged or what they are lacking in their staging. Sometimes using a critical eye on homes you are not attached to can help you discover what potential buyers may be seeing in your home. Get an experienced realtor. Find a realtor who has been selling homes for a while. Especially with the recent fall in home sales for most of the nation, you want to make sure you get a realtor who will avoid knee jerk reactions to a market they haven't experienced before. A realtor who is familiar with your neighborhood and knows what buyers are looking for can help you prepare the house for sale. Stage your home for showing. Set your home up as a model home. Go to an open house at a new development or home and garden show in your area. Notice how there are tasteful decorations that offer the aesthetics without the personality? Take down family pictures, collectables, anything that tells about your personality. You are moving anyway, so get these items boxed up now. You want buyers to walk through your home seeing the home as one they can picture themselves in. You don't want the buyers to walk away thinking, "Wow, they really like Elvis!" Ramp up the curb appeal. Make sure to keep the yard and front walkway pristine. This is the first impression before a potential buyer walks in or even picks up that flyer. Your backyard should be cleaned up as well. Sometimes people forget that the outside of the home can say a lot about the owner. If you have a neglected yard, buyers may wonder if you are neglecting other problems inside your home as well. Fix or update problem areas now. The last thing you want is to get an offer and then have something come up in a home inspection that can break the deal! If you aren't sure, it is not uncommon for buyers to have their home inspected before placing it on the market. Unless you are pricing your home below value as a fixer-upper, then you need to get any repairs done before going to market. Be realistic, although a new kitchen may add to your home, most likely the cost of remodeling will not be recuperated in your selling price. Instead concentrate on items that either have to be done or you can do easily and at little cost to yourself. Offer incentives for buyers. Incentives can vary in scope. Perhaps the carpets are old but you don't want to get them replaced; you can offer a carpeting/flooring allowance. Perhaps you want to drive the buyers to close by offering to pay closing costs. You can pay for other buyer costs such as homeowners insurance, home appraisal or home inspection. In the case of a condo, you can offer to pay the first 6 or x months of homeowner dues. Another incentive that might help is being flexible on your move in date. Respond to offers and questions quickly. Don't let potential buyers sit wondering what happened to their offer. Get back to any offers or questions about the home as quickly as you can. This will include the help of your realtor as buyers will contact them first. Make sure your realtor is a good communicator and will respond quickly!

Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.