Dear George: "We are having some confusion about figuring the square footage in our house. Can we use the survey that we received at closing? It is a single story home with an attached garage. Our real estate agent used the survey. The agent calculated the exterior wall dimensions. Can that be accurate? -- Confused

Dear Confused: An appraisal usually provides a more accurate calculation regarding "square footage." The Uniform Residential Appraisal Report calls for the Gross Living Area on page 2 for the subject property as well as the comparables.

Dear George: "My elderly mother has worried for years about not having a clear title on her home. It was built in 1963. The mortgage was paid off years ago. A long driveway in an alley that partially covers a utility easement accesses the garage. My parents didn't know it until the builder casually mentioned it later. However, at no time in the 47 years my parents owned the property, has the utility company demanded or needed access to this easement. My mother would like to get her affairs in order. Part of that is making sure she has clear title to her home. She does not know where to start. We would greatly appreciate your advice as to how we should proceed. -- Concerned Daughter

Dear Concerned: Contact a Title Company. What you are want is a "Title Report." You are not seeking a "Title Commitment." Ask what the Title Company charges for a Title Report. I obtained one quote for $150. The report should note any deficiencies or problems with the chain of title.

Dear George: "I am in contract to buy a home. I'm using a real estate agent. I received a loan approval letter from a bank. Everything seemed to be going well. The bank did not honor its commitment. The loan officer is no longer with the bank. This is a very well known, large bank. I just don't understand how they can approve a loan then not fund it. How do I make a complaint against this bank? -- Steamed

Dear Steamed: The federal government regulates the bank named in your communication. To file a complaint against a federally-regulated bank, go to www.occ.treas.gov/customer.htm.

Dear George: "I am trying to sell my house myself. I also own the vacant lot adjacent to it. I am also trying to sell the lot. I've read two books on the process.

However, I still have a few unanswered questions: How do I go about appraising an empty lot myself? There are no other lots for sale in the area. Do I need to get the vacant lot surveyed? Or, does the buyer pay to have it surveyed? I've talked briefly with a real estate attorney about writing up the contracts. Can you recommend any other resources for educating myself? I want to make sure everything is done legally. Also, I want to make sure I'm using every resource possible to advertise my house. I hope you can help. -- Hoping

Dear Hoping: If your motive for selling your property yourself is to learn everything you can about the process, I recommend that you obtain a real estate license. Take the required courses. Sit for the exam. You will be amazed at the amount of information you can gain.

If your motive is to save money by not paying real estate commissions or attorney fees, then I advise against trying to sell your properties yourself.

Dear George: "We have a home under contract through a Texas real estate broker. We requested that the sellers not continue to show the house while we were under contract. Everything was fine until the seller's listing agent called our lender. She found out that our loan depends upon the home's appraisal. In addition, she found out that the funds available for our type of government loan program were running out. We have since found out that the home we are buying has been put back on the market as Active Available. We have also learned that our agent only had a 'verbal' agreement with the listing agent to not show the home. I'm confused as to what has happened here. Can you shed any light on the situation? -- Confused

Dear Confused: The Texas contract does allow the seller to continue showing the property for "back up" offers unless "expressly prohibited in writing by the parties" My question to you, however, is "why did you not want the seller to show for back-up?" Were you concerned about the availability of funds for your loan?

Dear George: "Can you give me a website to search for house rentals in San Antonio, Texas? I can search houses for sale or to buy. I can also search apartment rentals. But I do not have a site address to search for house rentals. -- Help!

Dear Help: The site is the San Antonio Board of Realtors. Once there, click on "Home Search." On the next page, click "Homes For Rent" on the left hand side under the "Home Search" sign.

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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: September 14, 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.