Question: (NY) A recent MLS listing from the Syosset, NY office shows possible "mother/daughter with permits" as part of the listing information. There are no possible mother/daughters at the address the listing shows. It is an illegal term in the Towne of Oyster Bay.

The last house this agent published with the same "mother/daughter with permits" listing information was at the house next door and is now an illegal rental setup. Who should I go to stop the "block buster" tactics of this real estate firm?

Answer: Mother/Daughter is a term that is seldom (if ever) heard outside the New York area. We presume by "mother/daughter" you are referring to a single family home that has (or in this case, has not) been issued permits to be used as a two-family residence. This is normally an issue dealing with zoning or deed restrictions.

We suggest that you contact the County Clerk of Nassau County, New York in which Syosset's property records should be filed (perhaps even permits and/or exceptions). That office should be able to provide you with the appropriate Building and Planning department's telephone number. You should also file a fair housing complaint with the city, should you feel it is warranted.

Question: (WA) I currently own rental properties in which I have 73 percent equity. They are yielding a 51 percent net return. Do you think refinancing the free and clear ones to buy more is a good idea?

From what I have been reading in your column, I should buy as many properties as I can, then later sell some and pay off the others. I have been doing this for over 35 years. I like buying and remodeling, but dealing with renters is a different story. I need direction!

Answer: If we were in your position, here is what we'd do:

1. First, check out the rental market conditions in the Centralia, WA area (see: Centralia, Washington). Is it strong and growing, flat, or weakening and diminishing?

2. Second, if the current market indicates a strong demand for rental housing of the type you own, then you have a business decision to make: Specifically, will the market support a professional management company to relieve you of your most "un-favorite" management burdens? If not, or you simply don't wish to assume the additional burdens and you don't want to hire a professional management company, then don't re-finance in order to acquire additional properties;

3. Third, consider doing this if the market is good: Buy and remodel but only refinance to 50 percent loan to value. We know it sounds conservative, but the hedge against a soft market is a good safety net for long term growth.

4. Instead of renting and choosing not to hire a professional management company, we suggest you list the property, resell, and then keep the profits. We also suggest that you hire a realtor if you list a property for resale. Interview several realtors and then select the one from whom you believe you will receive the best service and customer care. If the realtor is able to perform, he or she will have no problem with putting a commitment to service in writing as a part of your Listing Agreement.

Question: (CA) I would like to sell my home. However, I live next to a group home for one to five boys from about 5 to 17 years of age with which we have had problems. How do I go about disclosing this?

They and their counselors can be unpleasant, as can be the owner of the home. They all have mouths like "garbage cans." We cannot use our pool as they have thrown everything from dead rats to human excrement into it. They also do not take care of the gutters and the overflow has caused problems on my property. I can not get anyone to do anything about this.

Answer: That is a common suit for nuisance; a civil matter. We can't imagine a judge not being sensitive to it. Furthermore, there are two California cases that say the owner has to disclose bad neighbors in the event of a sale! We can understand your wanting to get out of your property, but you will need to disclose the "bad neighbors." We suggest you hire a realtor. Interview listing agents until you find one that can deal adequately with your seller's disclosure. We also recommend you hire an attorney familiar with this type of civil action who can advise you as to exactly what you can and cannot state in your disclosure notice as to the neighbors.

Question: I recently tried to get a personal loan through a credit union. I was denied because of a collection debt on my credit report. After some investigating I learned there is a judgement on my credit report against me. How do I find out what the judgement is? Thanks for your help.

Answer: You need to find out who (or what entity) obtained a judgement against you and in which court it was obtained. When you are denied credit, the Fair Credit Reporting Act requires the lender to notify you in writing and to also notify you of your rights under the Fair Credit Reporting Act. You may also have additional rights under West Virginia statutes. If you haven't already, try speaking with a customer service representative in your credit union to determine how or from whom you could obtain the judgement information.

If you cannot obtain the information you seek from the credit union, another alternative would be to contact your local area guide Get a customer representative from the credit reporting service on the phone (or send the customer representative an email), and ask him or her to identify the entity that obtained the judgement against you (credit card account, student loan, a retail establishment, etc).

If the credit reporting agency has already provided the one free credit report to which you are entitled each year, you might be asked to pay either $14.95 (copy of your credit report with score) or $34.95 (three credit reports from the three main national providers plus your credit score) to obtain the information you want.

Published: August 24, 2005

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

George Stephens, CRB is the Broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas, and a real estate broker in Texas, Georgia, and Massachusetts. Charles J. Jacobus, JD is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law, and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate, Houston Community College, and is an adjunct professor at the University of Houston Law Center. To send us a question visit AskGeorge.net and click the "Ask A Question" button. The answers to questions in this column do not contain legal advice. George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency, published by Thomson Publishing. If you wish to obtain legal advice, you should consult your own attorney.