Welcome to my Buyers Section of my website.  This section provides a wide array of information.  To help you navigate this section easier, I have provided bullets that are links to more detailed information.

 

 

 

 

 

 
 

Letter To Buyer

In order to server you better, we would like to share with you some important information about the real estate relationship.

I can show you any home that is for sale that is listed on MLS, Multiple Listing Service.  This includes homes listed with Prudential as well as any other real estate company.  This includes new homes, resale's, as well as For Sale by Owner.

I am paid on a commission basis.  I receive my share of the real estate commission after you have closed on you new home.  The real estate commission is generally paid by the seller and is shared by the listing company, the listing agent, the selling company, and the selling agent.  I will be delighted to represent you in the purchase of your home as a buyer’s agent, or if you purchase a home listed by Prudential Carolinas Realty, as a designated or dual agent.  I have enclosed a brochure on “working with Real Estate Agents”. Together we will review these forms, which disclose agency and further explain the relationship between you, the buyer, and me, your agent.

I am an independent contractor.  Although I am associated with Allen Tate Realtors, I function as a self-employed person.  I am responsible for all of my own business expenses including my automobile, gasoline, mobile phone, meals, etc.  My company does not reimburse me for any of these expenses.  Instead I am happy to bear them in anticipation of a successful sale.

For the above reasons, your loyalty to me is greatly appreciated.  In working together, we will work as a team.  As a team, Together Everyone Accomplishes More.  I promise to give you100% of my ability, resources, skills, and expertise in return for your loyalty.

Please rely on me exclusively.  Call me when you see a property that you wish to visit.  If I am not available, please leave me a voice mail with the address of the property and I will research the property and promptly return your call.  If you stop at an open house or a new home community, please give the on-site agent one of my cards or my name and tell the agent that I am assisting you with the search for your new home.

Together, we will be successful in finding the right home for you.

 

 
 

As Your Buyer Agent, I Will:

  • Explain real estate agency relationships to you and should you need or desire more services than outlined below, I will discuss the opportunity of Buyer Representation.

  • Ask you lots of questions and will always listen to your answers.

  • Give you straight informative answers to your questions.

  • Keep you fully informed, spending whatever time is necessary to explain the complex terms and practices of real estate and your options in every situation.

  • Assist you in determining your price range by pre-qualifying you or by helping you contact a lender of your choice to be pre-qualified.

  • Give you a community tour of Greensboro and surrounding areas to acclimate you to locations of job, churches, schools, and residential neighborhoods if applicable.

  • Give you a tour of all residential communities meeting your requirements.

  • Provide you with an orientation of all new construction in the area as applicable.

  • Provide you with community information on recreation, municipal service, schools, churches, and shopping facilities.

  • Help select properties that meet your requirements and financial guidelines using the most current Prudential listings as well as those of the Multiple Listing Service.

  • Make all arrangements for appointments for you to see the homes selected and accompany you as you inspect these homes sharing with you all the property information available to me.

  • Provide additional information on any property in which you express an interest such as property taxes, zoning, and utility cost.

  • Monitor the market daily to bring to your attention any new inventory that may be suitable.

  • Provide you with information regarding values of other properties in the area in order to assist you in making an informative decision.

  • Explain the buying process to you and provide you with a copy of our standard Offer to Purchase and Contract form and other documents as determined necessary for your situation.

  • Describe the basic financing alternatives available to you; however, I cannot lock in your interest rate.

  • Give you an estimate of the total amount of cash you will need to buy the home of your choice including down payment, closing costs, and pre-paids.

  • Assist you in completing the offer, promptly present your offer to the seller, or the seller's agent, and report back on any acceptance or counter offer.

  • Review with you your rights as a buyer and suggest that you seek the services of other professionals such as an attorney, tax specialist or appraiser, as it appears you need additional professional advice or representation. 

  • Explain our home warranty program to you and the many benefits it can provide in the first year of ownership.                    .                        .

  • Inform you of other services you will need such as home inspection, termite inspection, or homeowners insurance.

  • Keep you fully informed of the process from the time of contract to the time of closing, coordinating all details between the contract and closing.

  • Coordinate the details of contract to settlement with other professionals involved in the transaction and give frequent updates as to status of your transaction.

  • Provide you with a list of the utility companies and neighborhood services you will need to contact. I will try to provide access to any special family resources you may need.

  • Attend closing with you.

  • Keep in touch with you after the move to assist in your transaction in your new home and community.

  • Be available to you.

 

 

 
 

How the process works

What are the steps involved in buying a home?  Even if you've bought or sold a home before, this process can still be daunting.  The steps below are designed to help you better understand the many steps involved and how I work to tie them together.

  • Once you decide to buy a home, I will meet with you to answer questions about the buying process. 

  • I will explain agency and what my relationship as an agent will be to you.

  • We will discuss how Allen Tate Realtors can assist in locating your new home.

  • I can set up a Listing Book account to allow you to easily perform internet home searches.

  • Once we find a home you want to make an offer on, I will develop a Comparative Market Analysis (CMA).  This compares similar homes in the area that are for sale, sold, and expired.  This will help establish the price that you want to offer. 

  • We will formally write the offer and present it to the seller's agent along with the earnest money.  Earnest money is generally 1-2% of the offer price.  This money is credited toward your purchase at closing.  I will explain earnest money in more detail because there are situations where earnest money is non-refundable.

  • Once an offer is submitted, the negotiation process begins, and then the offer is accepted.

  • You will then submit a loan application.

  • Home inspections are scheduled.

  • The loan is approved.

  • I will assist in coordinating all activities required for closing.

  • We will review the closing documents.

  • We then will finalize and close the transaction.

 

 
 

Typical information needed at application: 

  1. Legal names, marital status, social security numbers.
  2. Residences address(es) - past 2 years.
  3. Landlord/Mortgage Co. mailing address, account numbers, phone numbers for your previous consecutive 2 year residence.
  4. Employer's names and addresses and phone numbers for past 2 years.
  5. Names, addresses, account numbers, balances of all bank accounts; and most recent 3 months bank statements. Include account numbers for the following: Savings, checking, credit unions, stocks and bonds, IRA, 401K, and any other asset accounts.
  6. Addresses and loan information on other real estate owned and leases if applicable.
  7. Names, addresses, account numbers with balances and monthly payments on all open credit obligations.
  8. Last 2 years' W-2s, or tax returns if self-employed, and most recent pay stubs to cover 30 consecutive days.
  9. Your personal check for cost of credit report and appraisal
  10. If self-employed, last 2 years' federal tax returns with all schedules, year-to-date profit and loss statement, and balance sheet and corporate and/or partnership returns if available.
  11. Child support or alimony received per month or paid per month. Documentation may be requested.
  12. Complete copy of the signed purchase agreement.
  13. Certificate of Eligibility (VA only).
  14. (Additional information may be required.) 

 

 
 

A Mortgage & Home Buyers Glossary       

Add-on Rate

A type of loan repayment plan arranged to divide the principal into equal installments. Interest is added-on to the principal, resulting in high initial monthly payments that, over time, are reduced as the principal balance is reduced.

 

Adjustable Rate Mortgage (ARM)

A mortgage in which Interest and pay­ment rates vary periodically, based on a specific index, such as 30 year Treasury bills or the Cost-of-Funds index.

 

Adjustments

Money credited to either/both buyer and seller at closing, including real estate taxes, price adjustments based on disclo­sures in the inspection, etc.

 

Agent

A licensed person who represents the seller (and/or buyer) and who provides market assessment, sales or buying strategy, recommends various services and sources important to the seller or buyer.

 

Amortization

A method by which monthly mortgage payments are equalized over the life of the loan despite the fact that the proportion of principal to interest changes.

 

Appraisal

Professional and unbiased written opin­ion of property's value based on recent, comparable sales, quality of construction and current condition, and style of architecture.

 

Asking Price

The price at which the property has been placed on the market for sale.

 

Assessor

A municipal or county official who determines the value of properties for the purpose of taxation.

 

Assumption of Mortgage

The buyer assumes liability for an existing mortgage held by the seller, subject to approval by the lender.

 

Balloon Mortgage

A short-term mortgage, generally at a fixed rate of interest, to be paid back in pre-determined, equal monthly payments, with a large, final payment for the balance of the loan paid at the end of the term.

 

Binder

Generally a small amount of money from the buyer, accompanying a brief written offer to buy. (See Earnest Money.)

 

Broker

A person licensed to represent home buyers or sellers for a contracted fee. Most real estate offices are managed by a broker who employs licensed sales agents to sell the properties.'

 

Cap

A limit on the total amount an interest rate can be increased. (See ARM.)

 

Closing

The final settlement at which time the title is transferred from seller to buyer, accounts are settled, new mortgages signed and all fees and expenses dispersed or satisfied.

 

Closing Costs

All fees, taxes, charges, commissions and other costs paid by buyer and/or seller at the closing.

 

Commission

A previously agreed upon percentage of the home's sale price paid to the listing and selling agents.

 

Comparables

Closely similar properties in type, size and price that have changed hands within recent months, used for comparison in the appraisal report.

 

Condominium (Condo)

Real estate ownership in which a proper­ty owner has title to a specific unit, but shared interest in the common areas.

 

Conventional Mortgage                            ,

Most popular home financing form not insured by FHA or guaranteed by VA. Available from many lenders at varying rates, terms and conditions.

 

Conversion Clause

Clause in an ARM permitting conversion from an adjustable to a fixed-rate loan.

 

Cooperative (Co-op)

Real estate ownership in which all property owners (shareholders) own the entire property and each 'shareholder has proprietary rights, to specific units.

 

Counter Offer

An offer made by a buyer or seller to the other party, responding to the asking price or a subsequent adjustment to that price to complete a purchase or sale.

 

Curb Appeal

A term used by realtors including all that a buyer sees from the street that may induce the buyer to look more closely at the property.

 

Deed

A legal "instrument" that conveys the title to a property from seller to buyer.

 

Down Payment

The buyer's payment to the seller at the time the sales contract has been mutually agreed to, or at closing, for the percentage of the total purchase price required by the buyer's mortgage loan.

 

Earnest Money

Money paid by the buyer at the time an official offer to purchase is submitted to the seller, intended to demonstrate the good faith of the buyer to complete the purchase. Earnest money is applied against the purchase price; however, it may be forfeited if the buyer fails to complete the purchase under the terms of the sales contract.

 

Equity

The difference between the sale price of a property and the mortgage on the property.

 

Escrow Account

A third party account used to retain funds including the property owner's real estate taxes, buyer's earnest money or hazard insurance premiums.

 

Fair Market Value

The highest price an informed buyer will pay, assuming there is no unusual pressure to complete the purchase.

 

Fannie Mae

Federal National Mortgage Association (FNMA), is a privately owned corporation created by Congress to buy mortgage notes from local lenders and provide guidelines for most lenders to use to qualify borrowers.

 

FHA Insured Mortgage

The Federal Housing Administration makes available through banks and other lenders, insured mortgages with low down payment requirements.

 

Fixed-Rate Mortgage

A mortgage that has a set interest rate and is basically unaffected, by interest rate changes.

 

Graduated Payment Mortgage

This mortgage offers low initial monthly payments which increase at a pre-determined rate, then cap at a final level for the duration of the mortgage.

 

Hazard Insurance

Often confused with "Home Owner's" insurance, it's designed to compensate for specific hazards including fire and wind. An "all-risk home owner's policy" provides more complete coverage.

 

Home Inspection

A formal survey of a home's structure, mechanical systems and overall condition, generally performed by a licensed professional inspector.

 

Home Warranty

A policy available to the buyer or seller as assurance against unanticipated home repair costs.

 

Homeowner's Policy

A hazard insurance policy covering at the very least the appraised value of a house and property.

 

Inspection Clause

A written stipulation contained in an offer-to-buy that makes the sales contract contingent upon the findings of a professional home Inspector.

 

Interest

The pre-determined charge or fee paid to a lender by the borrower for the use of monies loaned.        .

 

Lease-Purchase Agreement

An agreement between owner and tenant specifying a portion of monthly rent, during a specified period, to be credited toward purchase of property.

 

Listing

A contract through which a seller agrees to terms and a fee with the agent who will sell the property to a buyer.

 

Market Price

The actual price at which a property is sold.

 

Market Value

The price that is established by existing economic conditions, property location and market style and size preferences.

 

Mortgage

A legal claim received by the lender on a property as security for the loan made to a buyer to facilitate the purchase.

 

Mortgage Broker

An independent, third-party, licensed broker who arranges loan transactions between lenders and borrowers by facilitating the application and approval process and by securing favorable terms.

 

Multiple Listing Service (MLS)

A system through which participating brokers agree to share commissions, on a pre-determined percentage split, on the sale of properties listed by any broker in the system.

 

Negative Amortization

Most likely to occur with ARMs when monthly payments are not sufficient to cover interest costs. Additional interest is added to principal balance and the bor­rower may end up owing more than at the initiation of the loan.

 

Offer

A legally binding, written contract that defines how much a buyer will pay for a property, depending on satisfactory agreement with a list of contingencies.

 

Open House

A period of time when the seller's house is open to prospective buyers to view the house in a low-pressure environment usually without their own sales agent.

 

Origination Fee

Similar to a point, this fee is a supplemental fee paid by buyers to lenders.

 

Over Improvement

Additions or improvements in which the cost is greater than the value added.

 

PITI

Common real estate acronym meaning Principal, Interest, Taxes, Insurance.

 

Point

A single percent of the loan principal, often charged by the lender in addition to various fees and interest.

 

Prepayment

Borrower pays off an entire mortgage before the scheduled date.

 

Prepayment Penalty

A fee included in the mortgage agreement requiring borrower to pay in the event the loan IS paid before the due date.

 

Prequalification

An Informal estimate of the "financing potential" of a prospective borrower.

 

Principal

The amount of money borrowed against which interest and possibly fees will be charged. (A second meaning: one of the parties to a contract.)

 

Prorate

Proportionate division of expense based on days or time occupied or used by the _ seller and/or buyer.

 

Purchase Agreement

See definition of Contract.

 

Qualify

Ability of a borrower to satisfy a lender's mortgage approval requirements.

 

Rate Cap

See definition of Cap.

 

Referral

The recommendation by one agent of a potential buyer and/or seller to another agent either locally or long distance.

 

Refinancing

The process of applying for a new mortgage to gain better terms or use of equity.

 

Relocation Specialists

A firm or person specializing in advising buyers or sellers on relocating to differe­nt and/or new communities.

 

RESPA Statement

The Real Estate Settlement Procedures Act requires a precise listing of all clos­ing costs for both sellers and buyers.

 

Return on Investment (ROI)

The profit gained as the result of money spent on an improvement or addition to a home or property.

 

Settlement

This term relates to all legal and financial transactions required to finalize the con­tract between buyer and seller, at the conclusion of which closing takes place.

 

Settlement Disclosure Statement

A statement or list providing a complete breakdown of costs Involved in finalizing a real estate transaction, prepared by the lender's agent prior to and reviewed at closing by buyer and seller.

 

Title

A legal document that defines the property, right of ownership and possession.

 

Title Insurance

An insurance policy that protects the buyer against errors omissions or any defects in the title.

 

Title Search

A highly detailed search of the document history of a property title for the purpose of identifying any/all legal encumbrances to the property, prior to title transfer to a new owner.

 

V A Mortgage

The Department of Veterans Affairs has made guaranteed mortgages available through banks and other lending institu­tions, to active military personnel, veterans, or spouses of veterans who died of service-related injuries.

 

Walk-Through Inspection

The final inspection by the buyer, usually in the company of the buyer's real estate sales agent, to ensure that all conditions noted in the offer-to-purchase, and all seller-related contingencies have been met. This inspection is most often completed immediately prior to the offi­cial act of closing, after the seller has vacated the premises.

 

Zoning

Virtually all local communities have established specific restrictions for land use, new construction, remodeling and/or improvements made to existing structures. Records of all recent construction and/or remodeling activity are available to you through a local regulatory depart­ment such as The Building Inspector's department. or office, or The Planning and Zoning Board (P&Z).

 

 

 

 
 

Disclosures

 

In any area that you are buying, there may be items such as road construction, air traffic, manufacturing facilities, etc that should be disclosed to buyers.  In the Guilford County area there are several disclosures that we may have you sign.  Some of them are as follows:

 

FEDERAL EXPRESS DISTRIBUTION CENTER

 

If you are considering purchasing a home in Guilford County, be aware that Federal Express has announced its intent to construct a regional distribution center at Piedmont Triad International Airport.  You should contact the airport authority to get the most current information.

 

You may wish to contact:  Mr. Mickie Elmore, Piedmont Triad Airport Authority, P. O. Box 35445, Greensboro, NC 27425, Telephone: (336) 665-5600

 

TRANSPORTATION PROJECT

 

It has been acknowledged by the buyer(s) that they have been informed that a road, bridge, highway, railway, and/or airport projects have been proposed or planned in the vicinity of real property being considered for purchase. For detailed information regarding any of these projects, the buyers are urged to contact the following:

 

FOR MORE INFORMATION –

  • To see the adopted NCDOT STIP online, point your web browser to www.dotstate.nc.us. The STIP provides cost, scheduling and descriptive information on NCDOT projects. For more information on NCDOT Projects contact the NCDOT Division 7 Office (336) 334-3192.

  • City of Greensboro Projects contact the City of Greensboro Department of Engineering and Inspections (336) 373-2302. For Plans, proposals, and future needs contact the City of Greensboro DOT (336) 373-2332. Visit the GDOT Web Site to see this project update and related information online. www.ci.greensboro.nc.us/GDOT/

  • City of High Point Projects contact Department of Engineering (336) 883-3194 and Inspections (336) 883-3151.  For Plans, proposals, and future needs contact the Guilford County DOT (336) 334-3161.  Visit the High Point City web site to see this project update and related information online.  www.high-point.net

 

URBAN LOOP DISCLOSURE

 

Our REALTOR has informed us of the proposed location of The Urban Loop and its proximity to the property address listed at the bottom of page 3.  

 

We understand the final determination of the Urban Loop’s exact location in relation to this property should be determined by the Department of Transportation with the state of North Carolina and/or city of Greensboro.  Our Realtor will be able to assist us in obtaining further information, or we may wish to contact:  The NC Department of Transportation located at 1584 Yanceyville Street, Greensboro, NC  27405 (336) 334-3192, or Craig McKinney at the City of Greensboro Department of Transportation at (336) 373-2375.

 

After consideration and discussion of the location of the Urban Loop with our REALTOR, we have elected to pursue purchase of this property.  We as buyers hereby agree to indemnify and hold the Realtor and Allen Tate Realtors harmless from and against any and all liability, claim, loss, damage, suit, or expense related to the information provided or secured by us from the NC Department of Transportation and/or the City of Greensboro.

 

Pine Needles LNG Company

Stokesdale / Summerfield / Oak Ridge Area

 

I/We have been advised by my REALTOR, that Pine Needle LNG Company located at 8001 Haw River Road, Stokesdale, NC is a natural gas liquefaction storage and vaporization facility completed in 1999 consisting of two tanks. Each tank measures 161 feet in height by 206 feet in diameter, located on a 50 acre site within an 828 acre undeveloped tract, located approximately 1.8 miles southwest of downtown Stokesdale and in the general area of a residence under consideration for purchase.

 

I/we understand that I/we may contact: Federal Energy Regulatory Commission, Michael Boyle, at 1-202-208-0839 if you wish to obtain a copy of the environmental impact study regarding this structure. Request Pine Needle LNG Project Environmental Assessment Docket # CP96-52-000.

 

EFIS DISCLOSURE STATEMENT

 

The house you are considering purchasing is clad with a product known as exterior insulation and finishing system (“EIFS”, also referred to as “synthetic stucco”). You should be aware that tests performed on a number of EIFS-clad homes in certain parts of North Carolina have revealed moisture-related problems. In Wilmington, 90% of the homes tested by local architects and building inspectors exhibited problems.

 

Testing has shown that moisture entering the wall cavities may become trapped behind the EIFS exterior. In some cases, the trapped moisture has caused substantial damage, including rot, to underlying wood sheathing and framing members. In other cases, little or no damage has been observed.

 

Legal responsibility for correction of the observed problems has yet to be determined. Several class action lawsuits have been filed by homeowners against certain EIFS manufacturers. In addition, several individual lawsuits against builders, manufacturers and tradesmen known as EIFS applicators have been filed in the Wilmington area. These lawsuits are currently pending.

 

On March 12, 1996, the North Carolina Building Code Council adopted stringent guidelines for the application of EIFS to new residential structures and for any repairs of existing EIFS-clad houses with moisture damage problems. The Council is expected to tighten these requirements further by mandating that drainage systems be installed in the exterior walls of all EIFS-clad homes constructed in the future.

 

Before deciding whether to buy, you may want to have the house tested by a qualified moisture intrusion expert using EIFS testing guidelines available from the N.C. Department of Insurance’s Engineering Division (telephone 919-733-3901). 

  

MOLD DISCLOSURE and WAIVER

 

Mold contaminants may exist in the property of which your agent is unaware.  These contaminants generally grow in places where there is or may have been excessive moisture, such as where leakage may have occurred in roofs, pipes, walls, plant pots, or where there has been flooding.  These conditions may be identified with a typical home inspection.  Your agent recommends you obtain a home inspection to better determine the condition of the property.  Your agent is not an expert in the field of mold contaminants.   In the event suspect mold contamination is discovered, it is recommended that you satisfy yourself as to the property condition by having a mold inspection performed.  The cost and quality of such inspections vary.  Companies able to perform appropriate inspections may be found in the yellow pages or on the Internet under “Microbial or Mold Inspections” or Environmental and Ecological Services.”

 

WAIVER – Buyer agrees to hold the agent harmless in the event any mold contaminants are found on the property.  You understand mold is a naturally occurring microbe and that mold should pose no health threat unless concentrated at high levels in the living environment.  The agent will immediately notify you should he/she be made aware of any mold.  The only way to determine if a mold like substance is truly mold or is present at high levels is through sample collecting and analytical testing.

 

RECEIPT AND ACKNOWLEDGEMENT – By initialing this section, you are acknowledging:

  • receipt of a copy of this document

  • agent has recommended a home inspection

  • agent has recommended a mold inspection if you feel it necessary

  • you have been advised to consult a professional regarding any mold contaminants questions
  • that this document does not attempt to offer legal advice.   If you feel the need to for legal advice, consult the attorney of choice before initialing this section.

 

BUYER ACKNOWLEDGEMENT

 

Prior to submitting any offer on any property, I was given a copy of the Offer to Purchase and Contract, Standard Form #2 T, Copyright 7/2004, which has been jointly approved by the North Carolina Bar Association and North Carolina Association of REALTORS, Inc.  I understand that the Allen Tate Associate cannot give me legal advice.  If I have any questions regarding real estate law I should consult an attorney.

 

I was informed to pay special attention to the Standard Provisions of the Contract, especially Paragraph #4 (a), Earnest Money; Paragraph #13 Property Inspection, Appraisal, Investigation; Paragraph #17, Other Provisions and Conditions; and Paragraph #22, Entire Agreement.

 

I was specifically advised that Standard Provisions #13 of the Offer to Purchase and Contract provide for inspection of specific components of the property by myself or an independent inspector.  The Allen Tate Associate with whom I am working has explained to me the importance of inspections and the problems that can arise for items such as mold, radon gas, asbestos, lead paint, well/water, septic/sewer systems, ground water contamination from buried oil tanks, or other possible health risks associated with the property.  I have been advised to include such requests for said inspections, where applicable, as a condition of the Offer to Purchase and Contract.

 

I understand that it is my responsibility to hire my own inspectors, verify for myself their qualifications and reputation and find out what warranties, if any, they give with their inspections.  I fully understand that the

Allen Tate Associate assisting me is neither trained nor qualified to do inspections.  If I ask for and receive names of inspectors from the Allen Tate Associate, the names I receive are believed to be qualified and reputable inspectors, but I fully understand that the Allen Tate Associate cannot give any guarantees as to their qualifications or competency.

 

It was also explained to me that many factors can affect the environment of and future value of any property.  I have been advised to explore fully the impact of any existing covenants planned or proposed construction of roads, highways, or additional infrastructure, planned or proposed zoning changes, adjacent land uses, including landfills and environmental hazards. I acknowledge that Allen Tate and its Agents make no warranties about school assignment information. Such information may not be correct or accurate; may not be applicable to a different student; and/or may be changed at any time. 

 

I have been advised of the benefits of obtaining a survey, a title opinion and/or title insurance, a homeowners warranty and the importance of a “walk through” of the premises prior to closing.  Further, I am satisfied that the property meets my spatial needs regardless of printed square footage measurements.

 

I hereby acknowledge that I fully understand that closing shall constitute acceptance of the property, unless provision is otherwise made in writing.

 

 

 

 
 

Questions and Answers on Earnest Money Deposits

This brochure in the Commission’s Questions & Answers series examines issues arising from the payment of earnest money deposits prior to closing a residential real estate sales transaction. Since payments made before closing are not treated the same in all transactions, it is important to understand the purpose of earnest money and how it will be handled during the transaction. This is usually spelled out in the offer to purchase or sales contract.

Therefore, you should always read the contract or offer to purchase before paying any money and CONSULT YOUR OWN ATTORNEY IF YOU DO NOT UNDERSTAND THE PURPOSES AND DISPOSITION OF ANY PAYMENT OR ANY OTHER TERMS IN THE CONTRACT OR OFFER.

The questions raised in this publication are of special concern to real estate purchasers. Consequently, they are posed from the standpoint of the purchaser.

Questions

Answers

What is “earnest money?”

It is money you give to the seller (or the seller’s agent) to show your good faith when making an offer to purchase the seller’s property.

 

Do I have to pay an earnest money deposit to have a valid contract?

Although no law requires it, sellers typically do require it. If you agree to pay earnest money but do not make the required payment or your earnest money check “bounces,” you will probably be considered in breach of the contract.

 

How much earnest money should I pay?

The amount is negotiated between you and the seller. It is typically a small percentage of the purchase price and can vary depending upon local market conditions, the price of the property, the type of property (e.g. vacant land, existing housing, or new construction), whether cash advances to a builder or seller are involved, and other factors.

 

What happens to the earnest money before closing?

The purchase contract governs where earnest money will go. It should also specify the amount(s) to be paid, when the payments are to be made, whether the money will be held in a trust (escrow) account, who will hold it, whether it will be credited against the purchase price at closing, and what may happen to it if the transaction does not close.

 

Will my earnest money earn interest between contract and closing?

Probably not. Most earnest money is held by real estate brokers in non-interest-bearing trust or escrow accounts. In order for the money to earn interest, the buyer and seller must agree, and they also must determine who will earn the interest. Such an agreement should be included in the purchase contract and may require the assistance of an attorney to prepare.

 

Who can hold earnest money?

Any person (or entity) agreeable to you and the seller, but usually a licensed real estate broker. As a buyer, be aware that if you allow earnest money to be held and deposited by a seller or by a builder or developer for use in construction, you risk that they will not be able to return it to you in the event the transaction does not close (due to the seller’s death, divorce, bankruptcy, judgment liens, receivership, fraud, tax liens, title problems, etc.). Consequently, most buyers prefer to have real estate agents or attorneys hold the earnest money deposit. Since they are licensed by the state and required to deposit the money in a trust or escrow account, this reduces the risk that the monies will be improperly used.

 

Under the standard Offer to Purchase and Contract form*, who holds the earnest money?

The form permits the parties to select who will hold the money - typically, the listing firm. Whenever a licensed real estate firm or agent holds any earnest money, it must be deposited in a trust or escrow account until closing. However, if any addenda are used with the form, check to see whether they conflict with any provisions in the form concerning who will hold the earnest money or other pre-closing deposits.

*The Standard Form No. 2-T, Offer to Purchase and Contract is a well-known and widely used form jointly adopted by the North Carolina Bar Association (a voluntary professional association of attorneys) and the North Carolina Association of REALTORS® (a voluntary professional organization of real estate agents).

What if the standard contract form is not used?

Many developers, builders, employee relocation services and lenders’ asset managers use their own sales contract forms. Generic contract forms are also commonly available and can now be found on the Internet. Many will require you to make an earnest money deposit or similar deposit, but they may differ from the standard form in how it is to be handled. For example, unlike the standard Offer to Purchase and Contract form which contains inspection and repair provisions, title requirements and other protections, there may be no provision allowing you to obtain a refund of the earnest money under any circumstances. Therefore, you must read every contract form carefully and consult with your attorney if you have questions.

 

If a contract contains a rescission (“cooling off”) period, can I get my earnest money back if I cancel the contract during that time?

Probably; however, most purchase contracts do not have a rescission period. Only in certain kinds of transactions will you be allowed (for a limited time) to cancel the contract. These transactions include developer offerings of condominiums, timeshares, and interstate land sales; and where a seller fails to give you certain disclosures in a timely manner, including the Residential Property Disclosure Statement and, (for properties built before 1978) the lead-based paint disclosure. These rescission rights are usually created by state or federal law. The amount of time varies but is typically only a few days. You should consult your own attorney about rescission rights in such transactions.

 

Isn’t there a federal law that allows me to rescind my home loan and get my earnest money back?

No. Although there is a federal law that gives you three days to cancel a home loan commitment, it does not give you the right to cancel a purchase contract and get a refund of your earnest money. Your obligation to purchase as set forth in the sales contract is unrelated to your right to obtain the best possible loan or avoid a loan that has hidden conditions. Even if the sales contract has a financing contingency clause (such as the one found in the standard Offer to Purchase and Contract form), your cancellation of an approved loan is not one of the conditions that would release you from the sales contract.

Under the standard Offer to Purchase and Contract, do I get my earnest money back if the transaction does not close?

It depends on why the contract isn’t consummated. For example, the standard contract typically includes various conditions and/or contingencies which must be met for the contract to proceed. These may include the requirement that you make a good faith effort to obtain necessary financing or to sell your own property; or that the seller make certain repairs and provide good title. If the seller does not meet his requirements, you may be entitled to a refund. On the other hand, if you breach the contract, you may forfeit the earnest money deposit. The party injured by the breach may also seek additional damages or try to enforce the contract by asking for “specific performance” where a court is asked to compel the breaching party to perform their promise—either to purchase or to sell. If your purchase contract does not close, you should consult your attorney over the remedies that may be available.

 

What if a contract fails and the seller and I cannot agree on who is entitled to the earnest money?

According to the terms of the standard Offer to Purchase and Contract and the rules governing real estate brokers, if there is a dispute between you and the seller over the return or forfeiture of an earnest money deposit, the broker must continue to hold the funds in trust until you and the seller resolve the dispute in writing or until a court decides the matter (less than $4000, Small Claims Court; more than $4000, usually District or Superior Court although some cases may go to federal court). The parties may also resolve disputes through voluntary or court-ordered mediation. If an attorney for you or the seller holds the earnest money, the attorney must hold or dispose of the funds in accordance with the rules of the North Carolina State Bar. When a form other than the standard Offer to Purchase and Contract is used, it may allow the seller access to the money whether or not the closing occurs as scheduled. In any event, while a broker is not allowed to pursue a claim for earnest money for you, the broker may appear as a witness in court and make documents available.

 

 

 
 

WATCH OUT FOR LEAD-BASED PAINT POISONING!

 

If the home you intend to purchase was built prior to 1978, it may contain lead –based paint.  About 3 of every 4 pre-1978 homes have lead based paint.

 

WHAT IS LEAD POISONING?

Lead poisoning means having high concentrations of lead in the body. Lead can:

  • Cause major health problems, especially in children under 7 years old.

  • Damage a child's brain, nervous system, kidneys, hearing, or coordination.

  • Affect learning.

  • Cause behavior problems, blindness, and even death

  • Cause problems in pregnancy and affect a baby's normal development

  •  

WHO GETS LEAD POISONING?

Anyone can get it, but children under 7 are at the greatest risk, because their bodies are not fully grown and are easily damaged. The risk is worse if the child:

  • Lives in an older home (built/constructed before 1978, and even more so before 1960).

  • Does not eat regular meals (an empty stomach accepts lead more easily).

  • Does not eat enough foods with iron or calcium.

  • Has parents who work in lead-related jobs.

  • Has played in the same places brothers, sisters, and friends who have lead poisoning. (Lead poison can not be spread from person to person. It comes from contact with lead.)

Women of childbearing age are also at risk. because lead poisoning can cause miscarriages, premature births, and the poison can be passed onto their unborn babies.

 

WHERE DOES IT COME FROM?

The lead hazards that children most often touch are lead dust, leaded soil, loose chips, and chewable surfaces painted with lead ­based paint. A child may be harmed when it puts into its mouth toys, pacifiers, or hands that have leaded soil or lead dust all them. Lead also comes from:

  • Moving parts of windows and doors that can make lead dust and chips.

  • Lead based paint on windows, doors, wood trim, walls and cabinets in kitchens and bathrooms, on porches, stairs, railings, fire escapes and lamp posts.                                          '

  • Soil next to exterior of buildings that have been painted with lead-based paint and leaded gasoline dust in soil near  busy streets.

  • Drinking water. (pipes and solder)

  • Parents who may bring lead dust home from work on skin, clothes, and hair.

  • Colored newsprint and car batteries.

  • Highly glazed pottery and cookware from other countries.

  • Removing old paint when refinishing furniture.

In recent years, some uses of lead in products that could cause lead poisoning have been reduced or banned. This is true for lead in gasoline, lead in solder used in water pipes, and lead in paint.  Still, a great deal of lead remains in and around older homes, and lead based paint and accompanying lead dust are seen as the major causes.

 

HOW DO I KNOW IF MY CHILD IS AFFECTED!

 Is your child:

  • Cranky

  • Vomiting

  • Tired

  • Unwilling to eat or play

  • Complaining of stomach aches or headaches

  • Unable to concentrate

  • Hyperactive

  • Playing with children who have these symptoms

These can be symptoms of poisoning. However, your children might not show these signs and yet be poisoned; only your clinic or Doctor can test for sure.

 

WHAT CAN I DO ABOUT IT?

Your child should first be tested for lead in the blood between six months and one year old. Ask the clinic or your doctor to do it during a regular checkup. Your doctor will tell you how often you should have: your child tested after that. A small amount of lead in the blood may not make your child seem very sick, but it can affect how well be or she can learn. If your does have high .a mounts of lead in the blood, you should start treatment and have: your home tested for lead based paint and lead dust..

 

HOW DO I KNOW IF MY HOME HAS LEAD-BASED PAINT?

The HUD inspection does not determine whether a home actually has lead-based paint. It only identifies whether there is defective paint in a home that might have lead-based paint. Therefore, the only way you can know for sure is to have the home tested by a qualified firm or laboratory. Both the interior and exterior should be tested. You should contact your local health or environmental office for help.

 

WHAT DO I DO IF MY HOME DOES HAVE LEAD?

Do not try to get rid of the lead based paint on your own.  You could make things worse for you and your family. If your home contains lead-based paint, contact a company that specializes in lead-based paint abatement. Have professionals do the job correctly and safely. This may cost thousands of dollars, depending on the amount of lead-based paint and lead dust found in your home, but it will also protect you and your children from the effects of lead poisoning. In the meantime, there are things you can do immediately to protect your child:

  • Keep your child away from paint chips and dust.

  • Wet-mop floors and wipe down surface often, especially where the floors and walls meet. Be sure to clean the space where the window sash rests on the sill. Keeping the floor clear of paint chips, dust, and dirt is easy and very important. Do  not sweep or vacuum lead-based paint chips or lead dust with an ordinary vacuum cleaner. Lead dust is so fine it will pass  through a vacuum cleaner bag and spread into the air you breathe.

  • Make sure your children wash their hands frequently and always before eating. .

  • Wash toys, teething ring, and pacifiers frequently.

  •  

WILL HUD INSURE A MORTGAGE LOAN ON A HOME WITH LEAD-BASED PAINT?

HUD will insure a mortgage on a house even if it has lead-based paint. If you purchase t property with lead-based paint, HUD will not remove it. You will have to pay for the cost of removal yourself.

 

 

 
 

USGS home page

Radon in Ground Water in Guilford County , North Carolina

 

Timothy B. Spruill, Janie B. Williams, David R. Galeone,

and Douglas A. Harned

INTRODUCTION
Approximately 30 percent of the water used in Guilford County, North Carolina, is from ground-water sources (Terziotti and others, 1994). All rural supplies are from ground water; approximately 65,000 residents used ground water for their domestic water supplies in 1990.

The U.S. Geological Survey (USGS), in cooperation with the Guilford County Soil and Water Conservation District and the Guilford County Department of Health, began a study in 1996 of the hydrogeology of Guilford County to update previous work (Mundorff, 1948; Daniel and Sharpless, 1983; Daniel, 1989). As part of this effort and according to methods presented in Koterba and others (1995), dissolved radon samples were collected from 70 wells throughout the county. Because radon in ground water poses a potential health hazard, this report presents results from this sampling effort and the implications that radon may have on ground-water use in Guilford County.

RADON
Radon-222 (referred to in this report as radon) is a colorless, odorless, and tasteless gas that was discovered in 1900 by Fredrich Dorn, a chemist who was studying the natural radioactive decay of the element radium. Radon is a heavy gas 7.5 times heavier than air and is the only gas that is naturally radioactive (Heiserman, 1992). Radon and many other radionuclides are associated with rocks containing uranium. Radon is one of the many decay products that result from the radioactive decay of uranium-238 to lead- 206 (Friedlander and Kennedy, 1949). Radioactive alpha or beta particles are emitted at each stage of the decay process. Specifically, radon forms from the decay of radium-226. Radon then emits alpha radiation during its decay to polonium. The relative abundance of uranium in selected rock types is shown in table 1.

Several nationwide studies have shown a relation between geology and radon activity/uranium concentrations (Loomis, 1987; Ogden and others, 1987; Dixon and Lee, 1989; Lindsey and Ator, 1996). Activities of radon in water supplies from various rock types in North Carolina are shown in table 2.

WHY IS RADON A HEALTH CONCERN?

The decay of radon gas produces radioactive particles. Once inhaled, these particles may be retained in the lungs. Further particle decay emits 'bursts' of energy, damaging lung tissue and potentially resulting in lung cancer (U.S Environmental Protection Agency, 1992). Inhalation of air with elevated radon levels presents a much greater health risk than consumption of water with elevated radon (table 3). However, well water may introduce radon gas into air in the home during showering and other household water-use activities. Nationally, radon was reported by Gabler and others (1988) to occur in drinking water at an average value of 240 picocuries per liter (pCi/L) for large water systems and 780 pCi/L in small systems. The U.S. Environmental Protection Agency (USEPA) (1994) reported a median radon< activity of 246 pCi/L in public water supplies for about 81,000,000 people in the United States.

Inhalation is thought to be the principal exposure to radon gas. The National Cancer Institute estimates that approximately 10 percent of lung cancer deaths (15,000 deaths each year) in the United States are related to residential radon (National Cancer Institute, 1997). Reports indicate that children are at higher risk for certain cancers from radon (U.S. Environmental Protection Agency, 1992). Smoking and radon combined provide an elevated potential for health problems.

Health risks associated with drinking water containing radon are not well understood. Based on recent information presented in a report to Congress by the USEPA (1994), excess lifetime cancer risks associated with ingestion of water containing various levels of radon and inhalation of indoor air containing radon are shown in table 3. The risks of contracting a radon-related cancer in a 70-year lifetime are compared with risks associated with cigarette smoking and inhaling ambient urban air pollution over a similar 70-year lifetime.

Radon in air and water has been reported as one of the most significant sources of cancer (Gabler and others, 1988). The proposed maximum contaminant level (MCL) for radon in water (300 pCi/L) was withdrawn under the Safe Drinking Water Act Amendments of 1996 (SDWA96) (U.S. Environmental Protection Agency, 1996). The SDWA96 requires the USEPA to determine a new MCL by August 1999. Findings from studies by the National Academy of Sciences (NAS) are planned to be the basis of this new MCL. The NAS will assess the risk of radon in drinking water and the benefits of radon-reduction procedures. Analyses of the radon-reduction benefits and costs are scheduled to be published by the USEPA in February 1999.

DISTRIBUTION OF RADON IN GUILFORD COUNTY GROUND WATER

Radon activities in the ground water of Guilford County range from 37 to 6,300 pCi/L with a median of 735 pCi/L. The areal distribution of radon activities in water from hydrogeologic units in Guilford County is shown in figure 1. The highest radon activities occurred in younger granites in the northwestern portion of the county (unit IFI) and in the biotite gneiss and schist units in the extreme northwestern part of the county (units GNM and SCH). Lower activities occurred in the older metamorphosed volcanic units in the central and southern part of the county (units MIF, MII, MVM and MIM). Data collected for this study are statistically summarized in table 4. Median activities of radon in each hydrogeologic unit are shown in figure 2. Median radon activities in all hydrogeologic units exceeded 300 pCi/L, the former proposed MCL.

 

IMPLICATIONS FOR HOMEOWNERS

Because radon inhalation is considered to be a primary hazard to human health, it is recommended that homeowners in areas with high radon potential have the ambient air in their homes tested. Methods to seal off radon from homes are presented in several publications (U.S. Environmental Protection Agency, 1992, 1993; U.S. Environmental Protection Agency and Centers for Disease Control, 1992).

Because the risks associated with drinking water containing radon are considered much lower than the risks associated with inhalation of radon (U.S. Environmental Protection Agency, 1994), control methods for radon in drinking water have not received as much attention as control methods for radon in indoor air. The Wisconsin Department of Natural Resources (1996) suggests that homeowners find an alternate water supply if radon levels exceed 5,000 pCi/L; however, this may not be practical or possible. In most cases, radon in drinking water can be reduced effectively by treatment. Aeration systems can be installed at the tap or before the water enters the house. These systems are considered to be the best treatment systems for reducing radon levels in water (Wisconsin Department of Natural Resources, 1996). Granular activated carbon devices also are very effective in lowering radon levels. These devices contain filters which remove radon from water; however, the filters can accumulate high levels of radiation over time, so they must be handled and disposed of properly. Even though the radon activities in water in Guilford County (shown in fig. 2) appear to be high (>300 pCi/L), the risk of contracting cancer from consuming water with the highest radon activity observed during this study (6,200 pCi/L; table 4) is less than the risk from breathing indoor air containing the average radon activity (1.25 pCi/L) for residents throughout the United States (2,100 versus 3,800 chances in one million, as shown in table 3).

REFERENCES

Daniel, C.C., III, 1989, Statistical analysis relating well yield to construction practices and siting of wells in the Piedmont and Blue Ridge Provinces of North Carolina: U.S. Geological Survey Water-Supply Paper 2341-A, 27 p.

Daniel, C.C., III, and Sharpless, N.B., 1983, Ground-water supply potential and procedures for well-site selection in the upper Cape Fear River Basin, North Carolina: North Carolina Department of Natural Resources and Community Development, 73 p.

Dixon, K.L., and Lee, R.G., 1989, Radon in ground water supplies: Water Well Journal WWJOA9, v. 43, no. 6, p. 44-49.

Friedlander, Gerhart, and Kennedy, J.W., 1949, Nuclear and radiochemistry: New York, John Wiley & Sons, 468 p.

Gabler, R., and the Editors of Consumer Reports Books, 1988, Is your water safe to drink?: Mount Vernon, N.Y., ConsumerÕs Union, 390 p.

Heiserman, D.L., 1992, Exploring chemical elements and their compounds: Blue Ridge Summit, Pa., TAB Books, 376 p.

Koterba, M.T., Wilde, F.D., and Lapham, W.W., 1995, Ground-water data collection protocols and procedures for the National Water-Quality Assessment Program: Collection and documentation of water-quality samples and related data: U.S. Geological Survey Open-File Report 95-399, 133 p.

Krauskopf, K.B., 1979, Introduction to geochemistry (2d ed.): New York, McGraw-Hill, Inc., 617 p.

Lindsey, B.D., and Ator, S.W., 1996, Radon in ground water of the Susquehanna and Potomac River Basins: U.S. Geological Survey Water-Resources Investigations Report 96-4156, 6 p.

Loomis, D.P., 1987, Radon-222 concen-tration and aquifer lithology in North Carolina: Ground Water Monitoring Review, v. 7, no. 2, p. 33-39.

Mundorff, M.J., 1948, Geology and ground water in the Greensboro area, North Carolina: North Carolina Department of Conservation and Development, Bulletin No. 55, 108 p.

National Cancer Institute, 1997, Meta-analysis of 8 residential radon epidemiological studies: National Cancer Institute General Fact Sheet, 2 p.

Ogden, A.E., Welling, W.B., Funderburg, R.D., and Boschult, L.C., 1987, Preliminary assessment of factors affecting radon levels in Idaho, in Proceedings of the National Water-Well Association conference on radon, radium, and other radioactivity in ground water: Hydro-geologic impact and application to indoor airborne contamination: Somerset, N.J., p. 83-96.

Terziotti, Sylvia, Schrader, T.P., and Treece, M.W., Jr., 1994, Estimated water use, by county, in North Carolina, 1990: U.S. Geological Survey Open-File Report 94-522, 102 p.

U.S. Environmental Protection Agency, 1992, Consumers guide to radon reduction: How to reduce radon levels in your home: EPA 402-K-92-003, 17 p.

_____1993, Home buyer's and seller's guide to radon: EPA 402-R-93-003, 32 p.

_____1994, Report to the United States Congress on radon in drinking water, multimedia risk and cost assessment of radon: EPA 811-R-94-001.

_____1996, Safe Drinking Water Act [Section 1412 (b) (13) (A-D), Radon in drinking water]: Washington, D.C., The Bureau of National Affairs, Inc., p. 71:5608.

U.S. Environmental Protection Agencyand Centers for Disease Control, 1992, A citizen's guide to radon -The guide to protecting yourself and your family from radon (2d ed.): EPA 402-K-92-001, 15 p.

Wisconsin Department of Natural Resources, 1996, Radon in private well water: Wisconsin Department of Natural Resources Publication WS-036.

INFORMATION ON THE WORLDWIDE WEB:

U.S. Geological Survey, Radon in earth, air, and water:

http://sedwww.cr.usgs.gov:8080/radon/radonhome.html

U.S. Environmental Protection Agency Radon Home Page:

http://www.epa.gov/iedweb00/radon/index.html

CONTACTS:

Guilford County Department of Public Health
1100 E. Wendover Ave.
Greensboro, NC 27405
(910) 373-3188

Guilford Soil and Water Conservation District
3309 Burlington Road
Greensboro, NC 27405
(919) 333-5400

District Chief, U.S. Geological Survey
3916 Sunset Ridge Road
Raleigh, NC 27607-6416
(919) 571-4000

Safe Drinking Water Hotline - U.S. Environmental Protection Agency, Office of Water and Drinking Water
4601 Resource Center
401 M. Street S.W.
Washington, D.C. 20460
(800) 426-4791

National Radon Hotline
Box 33435
Washington, D.C. 20035-0435
(800) SOS-RADON [(800) 767-7236]

Fact Sheet FS-147-97

 

 

 
 

Questions and Answers on Condos and Townhouses

Every condo or townhouse development also has "common areas" of the property (recreation areas, sidewalks, parking lots, etc.). Condo owners share ownership of the common areas with other owners, while common areas in townhouse developments are usually owned by the homeowners' association for the benefit and use of unit owners.

Are there any other legal differences between condos and townhouses?

Yes. The creation, sale and management of condos are governed by specific statutes (the "Unit Ownership Act" for condos created before October 1, 1986 and the "North Carolina Condominium Act" for condos created on or after October 1, 1986). There are no specific statutes governing most townhouses. However, townhouse projects of more than 20 units and created on or after January 1, 1999 are covered by the Planned Community Act. So are certain developments which volunteer to be subject to all or a portion of the Act. Townhouses that fall outside the Planned Community Act are governed by the same general laws that govern single-family houses. For this reason, developers are much more likely to market townhouses. Consequently, there are far more townhouse projects than condominium projects in North Carolina.

What is a Declaration of Restrictive Covenants or Declaration of Condominium?

Unit ownership in both condo and townhouse projects is subject to certain restrictive covenants (deed restrictions). These are usually embodied in a recorded legal document called a "Declaration of Condominium" or "Declaration of Restrictive Covenants" which is recorded at the county Register of Deeds office. The declaration describes the nature of the project and establishes rules to govern the use of the units and common areas. For example, the declaration may limit the property to residential use, require that units be a minimum size and certain architectural style, etc.

 

Will the closing attorney or real estate agent furnish me a copy of the declaration, restrictive covenants, and bylaws of the homeowners' association?

Not necessarily. The closing attorney does not have the specific duty to furnish these documents, but will do so if you request them. If a real estate agent is assisting you in your purchase of a condo or townhouse, the agent can probably obtain a copy of these documents. But you may want to directly consult your attorney and/or the homeowners' association. If a real estate agent furnishes you a copy of the bylaws or covenants, you should be aware that they may not be current, since they remain subject to amendment by the developer or homeowners' association.

Are there any special protections for condo purchasers?

In the past, home ownership typically involved a single family house with a yard. But today, due to increased prices of single family homes and changes in lifestyles, many people either cannot afford or simply prefer not to own traditional single-family homes. In response to their needs, alternative forms of home ownership have been developed. Among these are multifamily housing complexes containing townhouses and condominiums (often referred to as "condos").

This pamphlet focuses on questions frequently asked about purchasing and owning a townhouse or condo. What are homeowners' associations? What are my responsibilities as an owner of a condo or townhouse? What are the developer's responsibilities? These are some of the subject areas addressed.

The reader is cautioned however that the legal aspects of condo and townhouse ownership are too complex to be treated in detail in this pamphlet. Therefore, prospective purchasers and owners of condos and townhouses are advised to consult their attorneys for specific guidance.

Purchasing a Condo or Townhouse

What's the difference between a condo and a townhouse?

Condo unit owners own the inside of their units. Townhouse owners own the complete unit, including exterior surfaces and the land on which the unit is built.

Maybe. If you are considering the purchase of a new condo unit created on or after October 1, 1986, the developer (or the developer's agent) must give you a public offering statement. This statement is prepared by the developer and contains information about the size of the development, the projected completion date, the legal documents which govern the property, and the projected common expense assessment.

It will also inform you of your right to cancel the purchase contract within SEVEN CALENDAR DAYS following your execution of the contract.

No public offering statement is required to be given to you if you purchase a condo created before October 1, 1986, a condo which is not new, or a townhouse. And you have no automatic right to cancel your purchase contract.

However, when purchasing any pre owned condo unit created on or after October 1, 1986, the seller must give you a "resale certificate." This statement sets forth the monthly assessment for common expenses and any other fees payable by the unit owner.

Does the developer have to finish the development?

No. Unless the developer has specifically contracted to complete the development, it can stop construction of new units at any time and sell any remaining undeveloped portions of the development (subject to applicable local and state laws).

Does the developer have to provide promised amenities?

For condos created on or after October 1, 1986, the developer is required to file a plat or plan showing any improvements (swimming pools, tennis courts, club house, etc.) which are planned. Each improvement must be labeled "MUST BE BUILT" or "NEED NOT BE BUILT." The developer is required to provide only the amenities which are labeled "MUST BE BUILT." However, the developer may not promote any amenities which are labeled "NEED NOT BE BUILT."

For condos created before October 1, 1986 and for townhouses, no law requires developers to provide promised amenities. However, if the developer fails to provide a promised amenity, a property owner may file a civil suit based on the developer's misrepresentation.

Purchasers should be especially cautious when purchasing a condo or townhouse unit in a development that is incomplete.

Owning a Condo or Townhouse

Who is responsible for maintaining my condo or townhouse?

Owners are responsible for maintaining the interior of their units; and townhouse owners may also be required to maintain their doors, windows, and the crawl space under their units. The homeowners' association is typically responsible for maintaining all common areas and the exterior of buildings.

What is a homeowners' association?

In all condo and townhouse projects, the "common areas" of the property (open spaces, recreation areas, tennis courts, etc.) must be managed and maintained for the benefit of unit owners. To accomplish this, a homeowners' association is usually established when the project is created. The association will have an elected executive board which will manage the association and perform such tasks as enforcing the rules and regulations and collecting the homeowners' dues.

The developer, however, usually remains in control of the association until the developer no longer has the majority of the votes in the association, or until a predetermined deadline has passed.

Can my homeowners' dues be increased?

Yes. The common expenses of your development may include grounds' upkeep, building maintenance, insurance premiums, property taxes and management fees. When these expenses go up, the cost is usually passed on to the property owners in the form of increased dues and assessments. The legal authority to increase dues and to assess homeowners should be set forth in the documents which govern the development.

Prior to signing a contract to purchase a condominium or townhouse, you should examine the governing documents to determine if you will be obligated to pay maintenance fees and assessments which may increase over time. You should find out who has the authority to establish fees and assessments and whether there are any limits to the amount which can be charged. You are less likely to be shocked by fee increases if you have read this information prior to signing a purchase agreement.

Can an owner avoid paying assessments for the common expense of the property?

No. All owners of condos (including the developer) must pay their share of common expenses. The same would also be true of townhouse owners if there is a clear and definite statement in the restrictive covenants specifying the purpose of the assessment and the authority of the homeowners' association to collect the assessment.

Can the homeowners' association tell me what I can and cannot do on my own property?

Maybe. The law allows you great freedom to tailor the use of your property to your particular lifestyle. However, this freedom is not unlimited and is subject to certain restraints. A homeowners' association (or the developer) may be authorized by the declaration to adopt bylaws or other rules and regulations which may govern your conduct. This can substantially affect your ability to use your property. It could even restrict your ability to rent your unit to others.

So before you purchase a townhouse or condo, you should carefully read the rules governing the project and consult your attorney if you have any questions.

What should I do if I disagree with the association's rules?

If a dispute arises between you and the association over any of the association's rules, it may be necessary to resolve the matter in court. Just because a provision appears in the bylaws or rules does not automatically mean that it is enforceable. But in most cases, a rule will be upheld by the courts if it is considered "reasonable."

Or, you may try to change the rules. Any change in the bylaws or rules and regulations of the homeowners' association requires approval by the members of the association or its executive board. Each homeowner is entitled to vote.

What happens if I do not abide by the restrictive covenants, bylaws, or rules and regulations?

If you own a condo created before October 1, 1986 or a townhouse, you may be taken to court by another homeowner in the development, or by the homeowners' association (in townhouse cases), or by the developer in order to force your compliance with the development's regulations.

If you own a condo created on or after October 1, 1986, you may be subjected to a hearing before the association's judicial panel where you could be fined a maximum of $150. In addition, another condo owner, or the association, or the developer (if units are still being built in the complex) may take you to court to force compliance.

The same procedures would apply if you wish to complain about a neighbor who may be violating one of the homeowners' association's regulations. However, other problems (such as a noisy neighbor) may not be covered by the development's covenants, bylaws or rules and regulations. In these cases, you may have to contact a law enforcement official or resort to other legal action.

Can the homeowners' association employ a management company to assist in managing my condo or townhouse complex?

Yes. A homeowners' association, through its executive board, will often employ a management company to take care of maintenance, collect dues and assessments, and carry out other day to day responsibilities of the homeowners' association.

The members of the executive board and the staff of management companies are NOT required to be licensed by the N.C. Real Estate Commission or any other state agency so long as their management activities do not involve the sale or rental of units. However, licensed real estate brokers who manage homeowners' associations must adhere to the N.C. Real Estate License Law and related rules. This includes keeping the collected funds of others in a trust account, and maintaining records of all collections and disbursement of these funds.

Can the homeowners' association do anything about a developer who is causing problems in the development?

If the developer is still in control of the association, it is unlikely that the association will be able to effectively take action against the developer; however, the individual homeowners may be able to take legal action against a controlling developer. If the developer is not in control, the association can treat the developer just as it would any other homeowner.

 

 

 
 
 

MLS & Listingbook

 

What is the Multiple Listing Service (MLS)?   MLS  is a constantly evolving database of properties that are currently on the market in any given area.  An MLS listing, submitted by the seller's agent, generally includes all the important information on a home such as square footage, number of bedrooms and bathrooms, special features and the listing price.

 

Can a Buyer have access to the MLS?  No, not directly.  One option to the data is through the use of Listingbook.  Below is information explaining how Listing Book works.  I can set you up on Listing Book.  I will need you to send me you name, address, email address, and telephone numbers.  This information can be sent to me by using the feedback page. 

 

 

Here is what Listingbook can do for you:
Find the perfect home in half the time, while working closely myself. With Listingbook's powerful but easy searches and detailed property reports, you can quickly find and explore any listing on the market that's of interest to you.

Listingbook gives you all the tools you need to research the properties that catch your eye. In depth feature reports with property notes and multiple images give you all the details you need. Area sales reports show you which nearby properties sold recently and how much they sold for. Loan reports calculate estimated housing expenses based on your financing preferences.
Stay on top of things with Listingbook's advanced property activity monitoring. Be the first to know when your ideal home comes on the market or drops in price.

Immediately after logging in to Listingbook, you'll be notified of any relevant property changes that occurred since your last visit. You'll be kept up-to-date without having to sift through hundreds of listings.

Price history information gives you the ability to view the most recent price changes for any listing.
The Quick Search tool allows you to find houses by street name, sub-division, price range, and target price. Filter down further by beds, baths, square footage, age and acreage.

With Listingbook's Quick Search, you can find any listing on the market with incredible speed and ease of use.
Listingbook's integrated messaging system makes staying in touch with me a snap. Through your Listingbook account, you can send and receive messages from me no matter where you are. At home, at the office, or on vacation, with web access you're never more than a few seconds from your Listingbook account.

With two clicks, you can send me your questions and thoughts, no fumbling with email addresses required. The ability to attach properties to messages lets us discuss a property with its detailed reports only one click away.
With Listingbook's built in calendar you'll be able to easily schedule important events and appointments, stay in sync with myself through shared tasks, and access all of your information whenever and wherever you are.

In a single glance the calendar lets you know what approaching appointments need attention and when they are. You'll be reminded when tasks are nearing their due date, keeping you from missing that important meeting.

 

Working with Real Estate Agents

When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide many useful services and work with you in different ways. In some real estate transactions, the agents work for the seller. In others, the seller and buyer may each have agents. And sometimes the same agents work for both the buyer and the seller. It is important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party.

This article addresses the various types of working relationships that may be available to you. It should help you decide which relationship you want to have with a real estate agent. It will also give you useful information about the various services real estate agents can provide buyers and sellers, and it will help explain how real estate agents are paid.

SELLERS

Seller's Agent

If you are selling real estate, you may want to "list" your property for sale with a real estate firm. If so, you will sign a "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your seller's agent. You may also be asked to allow agents from other firms to help find a buyer for your property.

Be sure to read and understand the listing agreement before you sign it.

Duties to Seller:

The listing firm and its agents must

  • promote your best interests
  • be loyal to you
  • follow your lawful instructions
  • provide you with all material facts that could influence your decisions
  • use reasonable skill, care and diligence, and
  • account for all monies they handle for you.

Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents without your permission so long as they represent you. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know.

Services and Compensation:

To help you sell your property, the listing firm and its agents will offer to perform a number of services for you. These may include

  • helping you price your property
  • advertising and marketing your property
  • giving you all required property disclosure forms for you to complete
  • negotiating for you the best possible price and terms
  • reviewing all written offers with you and
  • otherwise promoting your interests.

For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to share its commission with agents representing the buyer.

Dual Agent

You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual agency relationship" is most likely to happen if an agent with your listing firm is working as a buyer's agent with someone who wants to purchase your property. If this occurs and you have not already agreed to a dual agency relationship in your listing agreement, your listing agent will ask you to sign a separate agreement or document permitting the agent to act as agent for both you and the buyer.

It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

  • what your relationship is with the dual agent and
  • what the agent will be doing for you in the transaction.

BUYERS

When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer's agent). You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller's agent or subagent). Some agents will offer you a choice of these services. Others may not.

Buyer's Agent

Duties to Buyer:

If the real estate firm and its agents represent you, they must

  • promote your best interests
  • be loyal to you
  • follow your lawful instructions
  • provide you with all material facts that could influence your decisions
  • use reasonable skill, care and diligence, and
  • account for all monies they handle for you.

Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission. But until you make this agreement with your buyer's agent, you should avoid telling the agent anything you would not want a seller to know.

Unwritten Agreements:

To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement. However, some firms may be willing to represent and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must obtain a written agency agreement. If you do not sign it, the agent can no longer represent and assist you and is no longer required to keep information about you confidential. Furthermore, if you later purchase the property through an agent with another firm, the agent who first showed you the property may seek compensation from the other firm.

Be sure to read and understand any agency agreement before you sign it.

Services and Compensation:

Whether you have a written or unwritten agreement, a buyer's agent will perform a number of services for you. These may include helping you

  • find a suitable property
  • arrange financing
  • learn more about the property and
  • other-wise promote your best interests.

If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller.

A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses. Whatever the case, be sure your compensation arrangement with your buyer's agent is spelled out in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision.

Dual Agent

You may permit an agent or firm to represent you and the seller at the same time. This "dual agency relationship" is most likely to happen if you become interested in a property listed with your buyer's agent or the agent's firm. If this occurs and you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement, your buyer's agent will ask you to sign a separate agreement or document permitting him or her to act as agent for both you and the seller. It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

  • what your relationship is with the dual agent and
  • what the agent will be doing for you in the transaction.

This can best be accomplished by putting the agreement in writing at the earliest possible time.

Seller's Agent Working With a Buyer

If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller's agent (or "subagent"). The agent can still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about properties.

But remember, the agent represents the seller—not you— and therefore must try to obtain for the seller the best possible price and terms for the seller's property. Furthermore, a seller's agent is required to give the seller any information about you (even personal, financial or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are sellers' agents before you say anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should avoid saying anything you do not want a seller to know.

Sellers' agents are compensated by the sellers.

The acknowledgement card for this document is available here for you to print and sign.

 

 

 
 

Moving Day

 

After coming to an agreement on your home transaction and your loan approved, moving is next on your agenda. Pre-planning and preparation will make your move much easier. Start by setting up a calendar for your move.
 

The Mover
One of the first things you need to do to prepare for your move is decide on a mover. When selecting a mover, always obtain a written cost estimate from each moving company you consider.  Fees for local moves — 50 miles or less — are usually determined on an hourly basis. Long distance moves generally are priced by load weight and mileage.

For long distance moves, purchase protection at full value for each item being moved. After selecting your mover, arrange a moving date. Then use the 30-day checklist below. It will help make the big job much easier.

Countdown
Thirty Days Before . . .

  • Determine what you are going to move and start getting rid of everything else.

  • Decide what you are going to pack yourself and what the movers will pack.     The mover is not responsible for breakage of items you pack. Obtain packing cartons from the mover.

  • Notify the post office of your new address. Fill out change of address cards.

  • Gather medical and dental records for all family members.

  • Notify schools and arrange to have transcripts and records forwarded to the new schools.

  • Close local charge accounts.

  • Start a possessions inventory.

  • Solicit estimates from moving companies.

  • Create a file for documenting all moving papers and receipts.

Two Weeks Before. . .

  • Start packing. Do a little at a time. Don't try to do it all in a day or two.

  • Return borrowed items and reclaim items borrowed from you.

  • Arrange disconnect/connect dates with local utilities.

  • Develop a floor plan to show the movers where you want your belongings placed in your new home.

One Week Before . . .

  • Dispose of all flammable materials.

  • Dismantle outdoor play or gym equipment.

  • Transfer bank accounts and contents of safe deposit box.

  • Pack items you want to move yourself and mark "Do Not Move."

One Day Before . . .

  • Empty and defrost your refrigerator and freezer; let the appliances air out for 24 hours.

  • Finish packing personal items.

  • Get a good night's sleep.

Moving Day . . .

  • Strip beds, but leave fitted bottom sheets on mattresses.

  • Be present to answer movers' questions.

  • Accompany movers through the house for an inventory of things to be moved.

  • Confirm destination address with van operator. Also confirm time and date of delivery.

  • Close all windows and turn out all lights.

  • Lock all doors.

  • Look forward to enjoying your home.

 

 
 
Proper maintenance increases the value of your home.

A neat, well  maintained home generally produces more traffic, a faster sale, and a higher price. This is also true for home improvement projects, no matter how small they may be.  Even if you're not planning on moving in the foreseeable future, keeping up with routine maintenance will save you considerable time, trouble and expense. It also makes home ownership more rewarding.  Please click here to open an appliance record sheet.

 

A clean, well-maintained home creates a favorable impression. Interior painting is often the least expensive way to improve the appearance of your home. Painting techniques are not difficult; success depends on proper preparation and following certain procedures.

Consult your paint dealer for the proper paint to use. Buy a top quality paint. This will add enduring beauty to the finished project and give you several years before the project needs to be redone.

Latex and Oil Base
Most interior paints in use today are latex-based. This type goes on easier and      faster than does oil-based paint. Latex paints have other advantages as well. They dry quickly, usually in about an hour. They have little or no odor and clean up with soap and water.

Oil based paints are recommended for woodwork such as railings and banisters. They are also used for areas which receive heavy hand or foot traffic. With their higher gloss and harder film, they create a professional finish.

Finishes
Interior paints have different gloss levels or finishes. The finish determines the amount of sheen or light reflection a paint will have. Choosing a particular finish is often a matter of personal preference, but certain finishes are more durable and scrubbable than others.

A flat finish has no sheen and minimizes surface defects. It is normally used on     walls or ceilings which don't require frequent washing.

A satin, or eggshell, finish has a soft sheen which looks more like a flat finish, but     can be scrubbed. It is more versatile than a flat finish and can be used in foyers,     living rooms, hallways, and bedrooms.

A semi-gloss finish has added sheen which is popular for accents, trim, woodwork, and furniture. Its hard, smooth finish is easy to keep clean. This makes it popular for kitchens, children's rooms, and similar areas which have a lot of traffic.

Ceiling paint is designed to drip less than other paints and hide surface      defects well. In kitchens and bathrooms where steam is a frequent factor and frequent washing more necessary, a semi-gloss oil-based ceiling paint is often a good choice.

Tools
It is important to use high-quality painting tools. They make the job easier, conserve paint and give a professional appearance to the finished project. Thick, washable roller covers and bristle paint brushes make a difference.

Preparation
When you plan to paint the interior of your home, be sure to first prepare the surface properly. These are the steps you should follow.

  1. Scrape away any loose paint.

  2. Fill small cracks and holes with spackling.

  3. Fill large cracks and holes with patching plaster.

  4. Sand repaired areas to a smooth finish.

  5. Wash the surface with a non-sudsing, non-oil detergent.

  6. Scrub all stubborn stains and cover with a stain sealer.

  7. Prime all repaired areas and other bare surfaces.

  8. Apply a single coat of paint when repainting with the same or a similar color.

  9. After the first coat has dried, apply a second coat if you are changing the color significantly.
     

 

 

Questions and Answers About: Fair Housing

 

The purpose of the fair housing laws is to protect a person's right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful discrimination. The fair housing laws are intended to allow everyone equal access to housing. State and Federal fair housing laws prohibit discrimination in the housing market on the basis of race, color, sex, religion, national origin, handicap, or familial status. To discriminate against a person on the basis of his or her membership in one of these protected categories is against the law.

This pamphlet will focus primarily on the fair housing laws as they are applied in the State of North Carolina.

Q: Do the fair housing laws apply to all housing transactions?

A: Yes, except for the following limited exemptions:

  • The rental of a unit in a multi-family dwelling with not more than four units where the owner (or a member of the owner's family) lives in one of the units

  • The rental of a room or rooms in a private house where the owner (or a member of the owner's family) lives in the house  

  • Lodging owned or operated by private clubs which give preference to their members

  • Religious, charitable, or educational institutions or organizations which are operated, supervised, or controlled by religious institutions or organiza­tions that give preference in real estate transac­tions to their members, provided the organization does not exclude members of a protected category

  • Single-sex dormitories

 Discriminatory Practices

Q: What are some common unIawfu1 acts of discrimination?

A: Refusing to sell, rent or negotiate - It is against the law to take any of the following actions because a person is a member of one of the protected categories:

  • To refuse to engage in a real estate transaction

  • To refuse to rent or sell housing

  • To discriminate in terms, conditions, or privileges for the sale or rental of housing

  • To refuse to receive or fail to transmit a bona fide offer to engage ifl a real estate transaction

  • To indicate that housing is not available when it actually is available

  • To discriminate by providing different facilities or services

  • To refuse to negotiate for housing

Steering - Discouraging a person from seeking housing in a particular community, neighborhood, or development because the person is or is not a member of a protected category, For example, a real estate agent shows a black person housing in predominately black neighborhoods and a white person housing in predominately white neighbor­hoods.

Interference, coercion, or intimidation - Trying to limit the benefits of renting or buying housing in an area because the person is a member of one of the protected categories, This includes trying to coerce, threaten, intimidate, retaliate against, or interfere in any way with the use and enjoyment of housing.

Discriminatory advertising - Advertising or making any statement which indicates directly or indirectly an intent to make a limitation, specifica­tion, or to discriminate with respect to members of one of the protected categories.

Blockbusting (also referred to as panic peddling) ­Trying, in a direct or subtle way, to scare a person into moving out of a neighborhood by representing that a person from one of the protected categories is considering or is in fact moving into the neighbor­hood, For example, stating that the neighborhood would decline or that the crime rate would increase if members of a protected category moved into the neighborhood would be unlawful.

Redlining - Being denied or subjected to stricter conditions in applying for a loan on property in a particular area because of the racial composition of the area, including loans to purchase, construct, improve, repair, or maintain housing.

Q: Can a person other than the seller or land­lord be guilty of violating the fair housing laws?

A: Yes. Anyone involved in the real estate transac­tion who discriminates based on a protected category has violated the fair housing laws. For example, a local banker informs a real estate agent that if the agent allows anyone else with kids to move into the neighborhood, the bank will not do business with the agent or the agent's customers.

 

Q: Does an owner have to rent or sell to a person just because he or she is in a protected category?

A: No. Owners may rent or sell to whomever they choose as long as their decisions are not based on the fact that a would-be tenant or buyer is a member of a protected category. If someone from a protected category becomes a tenant, the owner may hold that tenant to the same standard of performance and behavior as everyone else.

Handicap

Q: What conditions are considered handicaps under the fair housing laws?

A:  A handicapping condition exists if someone has a physical or mental impairment which substantially limits one or more major life activities. Some examples are: physical disability, mental illness or retardation, cerebral palsy, muscular dystrophy, cancer, heart disease, Human Immunodeficiency Virus (HIV) infection or AIDS, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. However, a landlord does not have to rent to anyone, including a handicapped person, who would constitute a genuine, direct threat to the health or safety of other tenants or whose tenancy would result in substantial physical damage to the property of others.

 

Q: Can landlords protect themselves from complaints of discrimination when they reject someone from a protected category?

A: Yes. A landlord should have detailed standards for deciding who is acceptable as a tenant and who is not. However, these standards may not be based upon a prospective tenant's membership in a pro­tected category. Such standards are particularly important in decisions to reject a tenant applicant because of poor credit, and to place would-be tenants on a "waiting list." The landlord should then apply these standards equally to every tenant applicant. If a waiting list is used, the landlord must make sure that every applicant who is told that his or her name will be placed on the list is indeed put there and that, as an applicant's name comes up, the applicant is notified of this fact.

 

Q:  Does a landlord have to allow a handicapped person to make modifications to a rental unit?

A: Yes. A landlord must allow a handicapped person to make reasonable modifications to the existing premises as necessary for the full enjoyment of the premises, such as widening doorways, installing handrails, and installing wheelchair ramps. However, the handicapped person is responsible for the cost of the modifications. A landlord may condition permission to make modifications on the tenant's agreeing to restore the interior of the premises to the original condition if the modifica­tions made by the handicapped tenant would interfere with the next tenant's reasonable use and enjoyment of the property. The landlord may also withhold permission until seeing a description of the proposed modifications which provides reasonable assurance that the modifications will be done in a workmanlike manner. [Note: All multifamily dwellings covered by the fair housing laws and ready for first occupancy after March 13, 1991, have to be designed and constructed so that few, if any, modifications will be necessary.]

 

Q: Can a landlord charge a higher security deposit to a handicapped person who makes modifications to a rental unit?

 A:  No_ However, if the nature of the modifica­tions is such as would interfere with the next tenant's use and enjoyment of the property, and correction of the modifications would be espe­cially costly, the landlord may, as part of a restoration agreement, between the landlord and tenant, require the tenant to pay into an interest-bearing escrow account a reasonable amount to cover restoration costs. The tenant would be entitled to any interest which accrues on the escrow account.

 

 Q:  Does a landlord have to make other accommodations for a handicapped tenant?

 A:   Yes. A landlord must make reasonable accommodations in rules, policies, practices, or services as necessary to afford a handicapped person equal opportunity to use and enjoy a housing unit, including public and common use areas; for example, allowing a visually-impaired tenant to have an aid dog in a community where no pets are allowed, and allowing a tenant with a serious heart condition to have a reserved parking space close to the tenant's apartment

 

Q: Are "adults only" communities allowed?

A: No, unless they qualify for one of the two exemptions which allow for adults only housing for elderly persons. [Note: There are numerous require­ments which must be met to qualify for these exemp­tions. Contact the North Carolina Human Relations Commission for further details.] If a housing complex qualifies for the elderly person exemption, then it may discriminate based on familial status only. It may not discriminate on the basis of any of the other protected categories.

 

Q: Can an owner or agent segregate families with children from other tenants?

A: No. A member of a protected category may not be assigned to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of being a member of a particular category.

 

Q: If a landlord has available units which are equipped for the handicapped, does a handicapped person have to take one of those units?

A: No. A landlord can advise a handicapped person of the availability of specially equipped units, but the handicapped person must be allowed to choose from any of the units which are available.

Familial Status

Q: Can persons with children be denied housing on that basis?

A: No. The fair housing laws protect a person who

  • has a child under the age of 18

  • has legal custody of a child

  • is designated by the parent to care for a child (provided that the designee has written permission from the parent)

  • is pregnant

  • is in the process of obtaining legal custody of a child.

However, the fair housing laws do not protect persons denied housing because they are single, married, or living with someone.

 

Q:  Can a landlord or agent limit the number of children allowed in a bedroom, or prohibit the sharing of bedrooms by children of the oppo­site sex?

A: No. Although a landlord may set "occupancy standards" for the number of people that will be allowed to live in a unit, the standards should not be based on the age or sex of the individuals. [Note: The fair housing laws do not limit the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of persons permit­ted to occupy a housing unit]

Real Estate Agents and Fair Housing

Q: May a real estate agent discriminate at the direction of the owner?

A: No. Even if a real estate agent has no discriminatory intent, the agent is in violation of the fair housing laws when discriminating against persons from one of the protected categories at the direction of the owner or lessor. Likewise, an agent is in violation if he or she knows that members of protected categories may be unlawfully rejected by the owner or lessor.

 

Q: What should a real estate agent do if he or I she finds out that the seller or landlord intends! to discriminate against a member of a protected category?

A: The agent should immediately terminate the agency relationship with the seller or landlord. The agent should then send a letter to the seller or landlord stating that the relationship has been terminated and explaining why. Next, the agent should inform any other agents or other parties to the transaction that he or she no longer represents the seller or landlord.

 

Q: Can a real estate agent decline to show property in a particular area because members of a protected category reside in that area?

A: No. This is steering, even if the buyer requests the real estate agent should inform the buyer that I or she can show property based on any of the buyer's other criteria, but not the presence or absence in the area of members of a protected category.

 

Q: Is a real estate brokerage firm in violation of the fair housing laws if one of its employees or agents unlawfully discriminates?

A: Yes.

 

Q: Can a real estate agent answer questions about the characteristics of a neighborhood if the questions concern one of the protected categories?

A: No.

 

Q: Is it a violation of the fair housing laws to deny an agent who is a member of a protected category access to real estate related services?

A:  Yes. It is a violation of the fair housing laws to deny a qualified real estate agent access to or membership in any membership listing service, real estate brokers' organization or other service, organi­zation, or facility relating to the business of selling or renting housing, because he or she is a member of one of the protected categories.

 

Q: Can a violation of the fair housing law affect a real estate broker's or salesman's license?

A: Yes. A violation of the fair housing laws is a violation of the North Carolina Real Estate License Law; therefore, it could result in suspension or revocation of the agent's license by the North Carolina Real Estate Commission.

Enforcement of the Fair Housing Laws

Q: What should I do if I suspect that I or some­one else has experienced unlawful discrimina­tion in a housing transaction?

A:  You may file a complaint or notify the North Carolina Human Relations Commission (NCHRC), 217 W. Jones St., Raleigh, NC 27603-1336. (Phone: 919/733-7996). However, the complaint must be filed within one year after the alleged violation occurred. The North Carolina Human Relations Commission will be glad to answer any questions you may have.

 

Q: What happens after I file a complaint?

A: The NCHRC will investigate to determine whether unlawful discrimination has occurred. If it has, the NCHRC will attempt to eliminate or correct the discriminatory practice by informal conference, persuasion, or conciliation. If it is unable to resolve the matter:

  • you may request a right-to-sue letter so that you may file a civil lawsuit

  • the NCHRC may file a lawsuit for you

  • if neither of the two previous options is taken, an administrative hearing may take place where a formal decision on the matter will be made.

 

If the NCHRC fails to find that discrimination has taken place, it will dismiss the complaint and issue a right-to-sue letter.

Of course, you have the right to file a civil suit, at your expense, at any time based on a violation of the fair housing laws without filing a complaint with the NCHRC.

 

 

 
 

Questions and Answers on:

HOME INSPECTIONS

     For most persons, purchasing a home is the largest investment they will ever make. It is no wonder then that many homebuyers employ professionals to inspect the structural and mechanical systems of the home and report to them on their condition. Sometimes sellers also employ Home Inspectors to alert them to problems with their homes, which could arise later in the transaction. But normally Home Inspectors are employed by buyers. For this reason, this brochure is written from the viewpoint of the potential homebuyer.

     This brochure is a joint publication of the North Carolina Home Inspector Licensure Board and the North Carolina Real Estate Commission designed to give consumers a better understanding of the home inspection process. What a home inspection is, who can perform an inspection and what to expect. If you have further questions regarding home inspections and Home Inspectors, you should contact the North Carolina Home Inspector Licensure Board, 410 North Boylan Avenue, Raleigh, NC 27603, Phone 919/715-0991.

Q:  What is a home inspection?

A:  It is an evaluation of the visible and accessible systems and components of a home (plumbing system, roof, etc.) and is intended to give the client (usually a homebuyer) a better understanding of their condition. It is also important to know what a home inspection is not! It is not an appraisal of the property's value; nor should you expect it to address the cost of repairs. It does not guarantee that the home complies with local building codes (which are subject to periodic change) or protect you in the event an item inspected fails in the future. [Note.. Warranties can be purchased to cover many items.] Nor should it be considered a "technically exhaustive" evaluation, but rather an evaluation of the property on the day it is inspected, taking into consideration normal wear and tear.

Q:  Can anyone perform a home inspection?

A:  No. Only persons licensed by the North Carolina Home Inspector Licensure Board are permitted to perform home inspections for compensation. To qualify for licensure, they must satisfy certain education and experience requirements and pass a state licensing examination. Their inspections must be conducted in accordance with the Board's Standards of Practice and Code of Ethics.

Q:  Why should I have the home inspected?

A:  Most homebuyers lack the knowledge, skill and emotional detachment needed to inspect homes themselves. By using the services of a licensed Home Inspector, they can gain a better understanding of the condition of the property, especially whether any items do not "function as intended” or "adversely affect the habitability of the dwelling” or "warrant further investigation" by a person who specializes in the item in question.

Q:  In my home purchase I have chosen to sign the standard Offer to Purchase and Contract* form which many real estate and legal professionals use. It states that I have the right to have the home inspected and the right to request that the seller repair identified problems with the home. Will the home inspection identify all of these problems?

A:  Yes and No. Home Inspectors typically evaluate structural components (floors, walls, roofs, chimneys, foundations, etc.), mechanical systems (plumbing, electrical, heating/air conditioning, installed appliances and other major components of the property. The Home Inspector Licensure Board's Standards of Practice do not require Home Inspectors to report on: wood-destroying insects, environmental contamination, pools and spas, detached structures and certain other items listed in the Offer to Purchase and Contract form. Always ask the Home Inspector if he covers all the things which are important to you. If not, it is your responsibility to arrange for an inspection of these items by the appropriate professionals. For a description of the services to be provided by the Home Inspector (and their cost), you should read carefully the written contract which the Home Inspector must give you and which you must sign before the Home Inspection can be performed.

Q:  How do I request a home inspection, and who will pay for it?

A:   You can arrange for the home inspection or ask your real estate agent to assist you. Unless you otherwise agree, you will be responsible for payment of the home inspection and any subsequent inspections. If the inspection is to be performed after you have signed the purchase contract, be sure to schedule the inspection as soon as possible to allow adequate time for any repairs to be performed.

Q:   Should I be present when the home inspection is performed?

A:   Whenever possible, you should be present. The inspector can review with you the results of the inspection and point out any problems found. Usually the inspection of the home can be completed in two to three hours (the time can vary depending upon the size and age of the dwelling). The Home Inspector must give you a written report of the home inspection within three business days after the inspection is performed (unless otherwise stated in your contract with the Home Inspector). The home inspection report is your property. The Home Inspector may only give it to you and may not share it with other persons without your permission.

Q:  Are all inspection reports the same?

A:   No. While the Home Inspector Licensure Board has established a minimum requirement for report-writing, reports can vary greatly. They can range from a "checklist" of the systems and components to a full narrative evaluation or any combination of the two. Home Inspectors are required to give you a written "Summary" of their inspection identifying any system or component that does not function as intended, or adversely affects the habitability of the dwelling, or appears to warrant further investigation by a specialist. The summary does not necessarily include all items that have been found to be defective or deficient. Therefore, do not read only the summary. Carefully read and understand the entire home inspection report.

Q:  What should I do if I feel something has been missed on the inspection?

A:  Before any repairs are made (except emergency repairs), call the inspector or inspection company to discuss the problem. Many times a "trip charge" can be saved by explaining the problem to the inspector who can answer the question over the telephone. This also gives the inspector a chance to promptly handle any problems that may have been overlooked in the inspection.

Q:  If, following the home inspection, the seller repairs an item found in the home inspection, may I have the Home Inspector perform a "re-inspection”?

A:  Yes.  Some repairs may not be as straightforward as they might seem. The inspector may be able to help you evaluate the repair, but you should be aware that the re-inspection is not a warranty of the repairs that have been made. Some Home Inspectors charge a fee for re-inspections.

 
 
     
     
     
     
     
     
     
 

Send mail to webmaster@dannysides.com with questions or comments about this web site.
Copyright © 2005 DMS Inc
Last modified: 09/04/2007 11:53 AM