Dear George: Our landlord shows very little concern about his property. We have about 7 months left on our one-year lease. My husband and I want to make some repairs before our baby arrives. The landlord says it is "okay' with him as long as we pay for the repairs. Should we take him at his word? -- Expecting

Dear Expecting: No. Hire an attorney to prepare an amendment to your lease agreement.

Dear George: The seller of a home we have under contract is not able to deliver clear title before the closing. We are willing to sign an extension but the seller has refused. Her response was to send us a signed form to release our earnest money to us. We have not signed the form. We'd like to know if it is normal practice to hold the seller's feet to the fire to make her close even if somewhat past the closing date?" --Disappointed

Dear Disappointed: While "specific performance" is mentioned in many sale agreements, its use as a remedy is not a very common occurrence. Furthermore, the seller may not have been able, due to factors beyond seller's control, to deliver the title commitment. Have you paid for inspections? Are there other costs you've incurred? Perhaps the seller would reimburse you for expended funds plus release your earnest money. Since you are ready, willing and able buyers that would seem to be the right thing to do.

Dear George:When you give a check for earnest money, when is it cashed? --Curious

Dear Curious: In most areas deposit checks are not cashed until there is a ratified agreement. Funds from the check are then deposited in a broker's escrow (trust) account. Until then, your broker normally submits a photocopy of your check, together with your written offer, to the listing broker. For specifics in your area, please speak with local brokers.

Dear George: Our real estate agent found us a new construction home. It was listed in the local MLS. When we viewed the home, the builder's sales representative told us that its price was nearly $8,000 more than the price listed in the MLS. When the builder sells ten homes, he raises the prices on the remaining homes. He stated the increases were between $1,200 and $1,700.

I figure there had to be more than 4 price increases for us to be $8,000 off. The builder claimed that he just couldn't keep up with price changes in the MLS. That did not prevent him from changing the home to "pending" in the MLS immediately after I signed the papers. Isn't that false advertising? Should I file a complaint with the Attorney General's office or with the Better Business Bureau? -- Consumer

Dear Consumer: You are entitled to file complaints with both entities. Also, check with your real estate agent. There are MLS rules and regulations concerning false or misleading advertising.

Dear George:We are considering buying a home. It's for sale by the owners. They do not want a real estate agent involved because of the commission. We do not mind working with the sellers. This is not our first time to buy a home. Do you know where we can obtain contract forms? -- Considering

Dear Considering: I urge you to reconsider. Is the seller passing on his savings to you? For most people, buying a home is the largest financial transaction in their lives. It is also the most complex. I suggest you hire a real estate licensee to represent you. Otherwise, you should hire an attorney. However, if you are determined to ignore my advice, then go to your state real estate commission website to see if they carry standardized forms.

For instance, the Texas Real Estate Commission ("TREC") properly cautions consumers that as public records, contract forms are available to anyone. "However," the state agency warns, "TREC contract forms are intended for use only by licensed real estate brokers or salespersons who are trained in their correct use." The warning states that mistakes made in the use of a form could result in financial loss. Another result could be an unenforceable contract.

Dear George: I moved into my new home. My real estate broker sold my old home. It will close in two weeks. In the meantime, the buyers want to know if they can leave their loaded trailer in the driveway of my old home until closing. My broker advises against this. Do you agree? -- Concerned

Dear Concerned: I agree with your broker. That is, unless you are willing to enter into the local equivalent of a buyer's temporary residential lease agreement which is specifically designed to work with your purchase agreement. Otherwise, everybody's interests are better served if the buyer puts the trailer in a temporary storage facility.

Dear George: How long does a mortgage company have to let you know if or when your loan has been accepted or denied?' -- Waiting

Dear Waiting: That depends on a number of variables. For example, for a self-employed person the approval process usually requires more documentation. Therefore, it also requires more verification and more time. The type of loan can also affect the approval time. Has your mortgage company told you when you should expect to hear from it? It is possible the mortgage company is submitting your loan to multiple investors. However, they should (in my opinion) keep you informed as your loan application progress and developments occur.

George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.

Published: June 1, 2001

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.