Question: My sister wants to sell our house. We bought together eight years ago. The price of the house is going up now, and she wants to sell the house but I don't. If she really wants to sell it without my agreement and signature, can she sell by herself? I have paid everything -- fire insurance, property taxes, etc. Can I prevent the house sale?

Answer: Most likely there will be what is called a suit for "partition." The judge might order a sale -- but the judge might also award you a larger percentage of the profit because of your additional contributions.

What would make the most sense and produce the fewest legal fees would be to buy out your sister's interest. Deduct your expenses from her equity and then make an offer. Point out how much will be saved by not going to court or paying the costs to market the home.

Question: I became ill around May of 2005. I have been bedridden most of the summer suffering from severe respiratory complications and skin disorders. My joints have begun to hurt and make cracking sounds, and I have begun to shake. My doctor excused me from work in August 2005. My internal medicine physician suggests I visit a psychiatrist and basically accept the illness. I have gotten behind on all of my bills and for the most part find it difficult to continue on this way. I have lost 25 pounds and my skin and hair are severely damaged. Since every test I've taken is negative, we are assuming over-exposure of mold and possible lead paint have caused my illness. There is mold on all of our leather goods, clothes, shoes, and some household items. My seven-year old son is now experiencing headaches and skin irritation.

Our insurance company has denied the claim of mold and water damage. My son and I need a safe living environment and I need to salvage what little we have vested in the home.

Are there any organizations that can assist us? Is there any cure for mold exposure? Do we have any recourse or chance of ever owning a home again if we abandon this house?

Answer: You and your son need to speak with another physician, immediately, for a second opinion.

Given that every test you have taken is negative, why do you assume the problem is either lead or mold -- two very different environmental issues? There may well be other causes for your medical conditions, however you should be tested for both the presence of lead in your blood and allergies to mold.

Be aware, however, that you will always find mold. According to the Environmental Protection Agency, "It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust." For specifics, speak with an allergist or other appropriate medical professional.

If you have mold on leather goods, clothes, shoes etc. then you likely have a leak somewhere. Find the source of the moisture and you should be able to eliminate excess mold levels.

Homes built before 1978 may well contain lead paint (but many do not) and the property should be checked. There is debate regarding how to deal with lead paint; regardless you and your son should be tested for lead levels.

Local public health officials may be able to provide tests or recommend appropriate professional assistance.

Question: I have an older home for sale. It has a large storage room that has plumbing and electrical work not recorded at the city. What or how should I handle this?

Answer: You should have a licensed plumber and electrician immediately look at the work now in place to see that it is not hazardous. It may be that the work was done at a time when permits were not required and is actually up to code. Whatever is required, if anything, to bring the work up to code should be done before placing the home on the market.

Question: I have wonderful neighbors except for one -- and he is pretty bad. Do I need to disclose this if I sell my home?

Answer: Just what qualities make this neighbor so noxious? Are they matters on the public record?

Maybe the buyers will get along just fine with this individual, so why muddy the neighborhood waters? When selling real estate stick to bricks and mortar -- comments about people can result in suits for libel and slander as well as claims of bias.

Question: Is there a cap on how much a real estate broker can get from the sale of a property? In this particular deal, the broker is getting at least twice the usual fee. I'm the buyer, but the seller is an elderly person, and I don't want to see him get taken advantage of. I was thinking about reporting the broker to the state real estate department on his behalf.

Answer: Brokers have a right to charge whatever the market will bear for their services. Purchasers of brokerage services, in turn, have a right to shop around for the package of services and prices which best meet their needs. As you are not a party to the listing agreement, you do not know what obligations the broker has undertaken.

However, as a buyer you want to assure that you receive good, marketable and insurable title. This means in part that the owner has the capacity to sell and is not drunk, addlepated, senile, confused, a drug addict, a bigamist, etc. If you have any concerns regarding the owner's ability to participate in the transaction, then contact a local attorney immediately -- otherwise your ownership may be contested in the future.

Question: Can a seller require a buyer to use a certain lender?

Answer: No.

What you sometimes see, especially with homebuilders, is that they will make a price or construction concession if you will use their lender or favorite closing agent. Why? You can be certain that the value of any concession is recovered through the use of preferred or subsidiary vendors.

Question: My fiancee and I are planning to sell our two separately-owned properties two months before we wed next year. I bought my condo 16 months ago. Will there be a tax penalty if I sell before two years? Is there an exemption for a "life changing" event?

Answer: To avoid the federal capital gains tax on the sale of a personal residence you must have occupied the property for two of the past five years. However, there are exceptions or "safe harbors" as they are called.

When the exceptions were being written it was suggested that marriage should be among them. Alas, the IRS determined that "marriage and adoption are voluntary events that typically lack the degree of unforeseeability common in the other unforeseen circumstances safe harbors."

Since you have now owned the property 16 months and the wedding is not until next year, perhaps it would make sense to not begin selling for another eight months or so -- and to require a closing date that would give you two full years of occupancy. For details, please see a tax professional.

Question: Is it a good time to buy now that the houses are priced so high or is it better to buy when prices are lower but at a time when the interest rate will be higher?

Answer: Your real question is one of monthly costs -- a $500,000 mortgage at 5.5 percent interest costs $2,839 per month for principal and interest. At 7 percent, the same monthly payment only finances a loan worth $426,715.

Of course, we don't actually know that prices will or will not decline. Higher interest rates may produce more modest price increases -- but even a small price "increase" is not a price "drop."

While there are arguments on both sides of the question, the answer here is a little different: Given that all properties are unique, if you see a particular home that you really like, is rationally priced and you would enjoy for many years, go for it.

The equation for investment properties is different because numbers count more than personal preferences. Regardless of price and interest rates, the numbers must make sense or you should look into other investment formats such as stocks and bonds.

Question: I have lived in a rented property for about 15 years and never had problems with my landlady. Now her daughters have taken over. I'm in Baltimore. What are my rights?

Answer: Your rights are defined by your lease -- most probably you now live on the property on a month-to-month basis which means that with proper notice you can easily move and also that the rent can be increased.

Baltimore's nationally-regarded Community Law Center (410-366-0922) may be able to provide pro bono assistance or direct you to an appropriate community group.

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Published: December 2, 2005

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