Question (CA): I've just learned via a new surveyor that the contractor, who built the new garage and loft building for us four years ago, set the building 1' over the back property line thus encroaching on the alley owned by the city. I'm already in the process of a law suit against the contractor for shoddy work. Can you offer any guidelines for estimating damages for the encroachment? I do not yet know what the city's position will be.

Answer: You can always hire a certified appraiser whom you have given the assignment of appraising your property with the encroachment and then without the encroachment. However, we would be highly surprised if the appraiser found any difference. When you've heard from the city, see if it will grant you a variance.

Question (FL): How can we find out what a fair selling price for our home would be? We do not want to take anyone to the cleaners nor do we want to sell too cheaply since the only reason we are selling is because we need extra capital right now.

Answer: The best way to find out what the FMV (Fair Market Value) would be for no-charge or for a nominal charge, is to contact several Realtors and have them do a CMA (Comparative Market Value or Competitive Market Value) on your home in the Fort Meyers/Cape Coral, Florida area. Inform the Realtor that you want to sell, but have not yet chosen a real estate firm, and ask the Realtor what he or she would charge for a CMA. You will find that many Realtor firms do not charge for this service while others do, so it is a good thing to clear up to begin with.

Otherwise, you will be looking at hiring an appraiser to perform a Uniform Residential Appraisal Report (URAR) on your property. Select your favorite search engine and enter the words "Cape+Coral+Florida+Residential+Appraisal" in the search bar. I used Google.com and it returned 10 listings of about 47,900 in 0.17 seconds, including www.realtytrac.com that provides a free CMA based upon the number of square feet in your home and the zip code of the home's location. Of course, a hired appraiser will provide a more detailed and more accurate appraisal based upon selected comparable properties and the appraiser's experience in the market place.

Question (SC): I am selling my condo next week. It is in South Carolina. Do I as the seller have to have an attorney at closing?

Answer: Attorneys often handle closings, title insurance, prorations, and title transfers. Each state is unique on how the closing process is handled. In South Carolina attorneys customarily handle closings.

Also, attorneys cannot ethically discourage you from having an attorney at closing or to have an attorney answer any questions you may have about a real estate contract, disclosures, etc. We suggest you have someone, an attorney or a real estate licensee, represent your best interests as a seller at closing.

Question (TX): We live in Virginia but are relocating to Texas and we're under contract on a Texas home. We have not received a seller's disclosure notice after several requests. We paid for a home inspection, and our option period expired without a seller's disclosure notice or a written agreement to fix items identified by a home inspection. Yesterday documents arrived in the mail from the title company we have our earnest money escrowed in, exempting several items from the policy including a lien for over $260,000.00 in HOA assessments. To top it off, unknown to us, the sellers had filed for bankruptcy in April which is still pending. We are out of state getting ready to relocate. We visited the home and signed the contract, but returned to our home state to get ready to move. How can they legally sell a house with liens at more than 80 percent of the home's value? Can I get my money back or back out of the contract?

Answer: The answers to your two questions are:

1. Can I get my money back? Possibly if 7B(2) of the contract is checked (instead of 7B(1) or 7B(3)); and,

2. (Can I) back out of the contract? Yes, according to provision 7B(2).

NOTE: If you decide to proceed with the sale, the actual sale may be subject to the Bankruptcy Court's approval. I suggest you consult with a bankruptcy attorney in the court's venue should you decide to proceed with the sale.

7B(2) of your contract states: "Buyer has not received the Notice. Within _____days after the effective date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer."

The seller's mortgage company is most likely filing a motion to lift the stay so that the mortgage company can foreclose upon the property. The mortgage company could then sell the property. In any case, the title company will require that any liens be paid off at closing so that they can convey clear title to you.

We suggest you communicate with your real estate agent, and tell him or her that he or she needs to communicate with the seller to determine the following:

1. Who is the seller? Exact name and/or entity to determine if the seller is exempted from compliance with the Texas Property Code Section 5.008 that provides for the Seller's Disclosure Notice;

2. Assuming the Seller's Disclosure Notice is required, then the provisions of 7B(2) apply and the seller's real estate agent needs to be informed that:

You have (X) number of days from the date you actually receive the Seller's Disclosure Notice; or,

You wish to terminate the contract in which case Paragraph 7B(2) provides for the return of your earnest money.