Dear George: "We bought a beautiful home a year ago. Shortly after we moved in, the neighbors behind us bought a dog. This dog barks constantly. I had hoped that once the dog got used to his new home the barking would stop. It didn't. My parents don't visit anymore. They can't sleep with the dog barking all night. I work night shifts. I try to sleep during the day. The dog barks all day long as well. I know if someone's music were too loud, the police would put a stop to it. Shouldn't the neighbors have to keep the dog in the house?" - Help

Dear Help: Have you tried communicating with your neighbors? Do they know the upset their dog is causing? Surely the barking is as bothersome to them as it is to others. Perhaps the dog chews furniture or isn't house-trained. If tactful communication fails, try reporting the disturbance to the police. You might discover a local ordinance that will assist.

Dear George: "My husband owned his house when we met 11 years ago. I owned mine. We rented his house to tenants all this time while we lived in mine. Now we wish to move to a different area of the state. We've heard about exchanging real property. Could you please tell me the requirements for something called a '1031 exchange'? We want to sell my house too." - Exchanger

Dear Exchanger: The Section 1031 Exchange is named after Section 1031 of the Internal Revenue Code of 1986, as amended. Some people call it a "like kind exchange." Seek competent, professional help before attempting a Section 1031 Exchange. Enter "Section 1031 Exchange" in the search box of your favorite search engine. You will find many organizations that claim to handle them. Among such firms is Investment Property Exchange Services, Inc. (http://www.fnx1031.com). It states on its home page that it is "...a subsidiary of Fidelity National Financial, Inc., the world's largest title insurance organization, including Fidelity National Title, Chicago Title, Ticor Title, Security Union Title and Alamo Title..."

Dear George: "We have been renting out our former home for a year to two girls. Wanting to sell the house, we gave them first option to buy. It turns out they have less than acceptable credit. Finally, one mortgage company wants to do a deal where I, the seller, will backdate a contract for deed for 1 year, as if I had been financing the home to them for that time. Then, proving that they have made monthly payments to me on time for one year that will establish good credit for them. This will allow them to buy the house with no money down, and a fairly low interest rate. Should I do this? More importantly, should I sign this contract? Is this a deception or is it just a technicality? Please advise." - In A Quandary

Dear In A Quandary: There is little doubt in my mind that it is a deception. But, more importantly, there might be some undesired consequences. For example, if the rent home has a mortgage you might discover there is a "due on sale" clause in the Deed of Trust. By signing a backdated contract (or even a three year lease) you might trigger a mortgage loan default. My gut tells me there is no such thing as "just a technicality" when making representations in writing. However, lenders tend to dismiss rent checks offhand. But, if checks for the same amount over the same period of time are for a home purchase, suddenly they become credible. Before taking any action on this, hire an attorney.

Dear George: "Our home is currently on the market, and we have had some offers. One of the contingencies we are running across is the buyer's home not yet on the market. Without the commitment of the buyer already marketing their home, we are hesitant about the level of commitment there. Is a move up buyer just more security oriented? Do they need the next house before they will let go of theirs? We'd prefer their home be in escrow before we sign. Are we being level headed?" - Not Sure

Dear Not Sure: You are level headed as long as it is a seller's market in your area. If it flattens, you might want to require that a buyer's home be listed at a sellable price as a condition of your agreement.

Published: May 17, 2002

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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.