July 6, 2008
July 6, 2008
Dear Dave: We live now in the Lower 48 and, when we bought our home here, we had to pay $500 for the Appraisal. Now we are selling a property in Alaska which we have owned as a rental for many years, but our agent says we have to pay $600 for the Appraisal, even though we are not the buyers. Why is this?
Answer: Almost all closing costs, including the appraisal fee, are negotiable items and what your agent is telling you is a tradition, not a law. It is true that Alaska has contradicted the national trend on appraisal fees. In most States, the buyer does pay this fee but, in Alaska, we typically see the seller pay it.
When negotiating your home purchase or sale, ask your Real Estate Licensee which closing costs, if any, are mandatory buyer or seller costs. This will depend on whether you are using VA, FHA or Conventional financing. There is absolutely nothing wrong with trying to negotiate a favorable split in the non-mandated closing costs. After all, it is a dollar component in your net cost or net sale, depending which side you are on.
Dear Dave: We’ve just put in a new fence on our property line and the neighbors’ children are already climbing on it. Since we paid for the fence we don’t think they should be touching it. What do you think?
Answer: Fences on the property line are always a tricky business. If you were worried about the neighbors, there were two things you could have done. First, put the smooth side of the fence to face the neighbor. Then the children would have nothing to climb on.
Secondly, you could have placed the fence 2 inches inside your property line. Then, if your neighbors’ children continued to touch it, they would be trespassing on your property.
When erecting fences it is always a good idea to consult with the neighbors first. Maybe they would have split the cost of the fence and you could have discussed your various concerns before they became a nuisance. As it is, the fence does belong to you if you paid for it, and it would be reasonable to expect your neighbors to control their kids a little better.
Dear Dave: I had my house painted this year and paid the contractor on completion. Just 2 days later the paint began to blister and I am having a hard time getting the painter back to repair it. What can I do?
Answer: I receive many complaints about contractors and have had some personal experiences just like yours. The strongest and best advice I can give is to always withhold payment (or part of the payment) until you are completely satisfied. The only ace in your hand with a contractor is the money you owe him. Once paid, his motivation level to perform drops rapidly.
Most painters have a warranty statement on their bill (usually 2 years), and this is enforceable. You could hire an Attorney, or go to Small Claims Court yourself. If the contractor does not respond within a reasonable period, and you have documented your complaint, the Courts will generally support you for damages. An Attorney can give you specific legal advice.
Another option is to make a complaint to the Better Business Bureau (Telephone 562-0704). They can often bring pressure to bear on the offending contractor. However, whether it is painting, plumbing or building a new home, never forget that your checkbook is your strongest weapon.
Dear Dave: We are selling our home in Fairbanks and have listed it with a Real Estate agent. Are we obliged to include the refrigerator, washer and dryer?
Answer: When Real Estate is listed for sale Buyers can assume that ALL the Real Estate is included. Real Property is, by definition, land and everything attached to the land such as fences, trees and the house. In turn, everything attached to the house is Real Property. This would include such things as light fixtures, built-in shelves and cabinets, and built-in appliances.
Since the refrigerator, washer and dryer are not usually built-in like the dishwasher or range, they are not part of the Real Estate. They are more like the television or furniture which are considered ‘Personal Property’. A microwave may be considered part of the Real Estate if built-in, but not if sitting loosely on a shelf or counter-top.
Your Real Estate Licensee will advise you on what automatically goes with the property, but be sure to clarify with him anything you wish to take with you. Misunderstandings over window treatments, light fixtures, appliances, garden sheds, perennials in the yard and even garage shelving have caused several sales to go sour at closing.
Dear Dave: I do not speak English very well but am fluent in the Spanish language. How can I find a Realtor in Alaska who speaks Spanish to help me in purchasing a home?
Answer: You are not alone. There are now many language groups in the American society. Unfortunately, there is no roster of Realtors in Alaska showing their language capabilities at the present time. Some individual Real Estate offices have the information available on the internet for their particular company.
Your best bet is to have a friend call some of the Real Estate offices in your Alaska location and ask them individually for a Spanish speaking agent. In Anchorage there are at least 6 of these.
David Windsor
RE/MAX Properties, Inc.
Senior Vice President
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