Question: I'm a lender and have clients who are selling their home. They're wondering if it's standard practice for the seller to have to pay the entire brokerage fee or is this negotiable?

Answer: Anything not required by law should be seen as negotiable. Having said that, let's take a deeper look at your question.

In a real estate transaction the seller gives up title and the buyer gives up cash, usually in the form of mortgage financing. At the end of the process the seller has money and the buyer owns the property. Realistically, buyers have no cash to pay brokers because what money they have has been spent to acquire the home.

As well, a listing agreement is an arrangement between an owner and a broker. The buyer does not have standing to renegotiate an agreement to which he or she is not a part.

If your seller has sufficient market leverage, then the best strategy is to increase the price of the house or reduce concessions in general rather than debate who pays the brokerage fee.

Question: We were thinking of purchasing a property. The house was built in 2005 and the model is no longer available. The owner purchased the house for $520,000 and put in $60,000 in options. So the total price for the house is $580,000. OK, so all that aside, the agent put that house on sale for $660,000 and had given us counter offers. Our last offer was for $565,000. However, the agent called us and asked if we wanted to increase the price we were offering. We only made a $5,000 increase and the agent/seller approved it. HOWEVER, the agent wants us to do the loan and mortgage through his company, the owner is covering 50 percent of the escrow fees and was initially giving us $10,000 in closing costs, and now is giving us nothing in closing costs.

Answer: Is the agent/seller offering a discount if you will use his mortgage firm, a trade of sorts? What if you can get a better loan elsewhere? Is there a cap on the interest rate and points? Is the loan a fixed-rate product or a toxic mortgage?

If your market is so weak that you can cut the price by $100,000 then don't you have leverage? Is there a line of people waiting to buy this property? If not, why agree to any terms you don't like?

You need a buyer broker or a real estate attorney to give you specific advice, without professional help you not be able to bargain as an equal.

Question: I'm a broker. Any advice regarding how to contact and approach FSBOs. How to get them to list?

Answer: FSBOs -- individuals marketing their property "for sale by owner" -- are exactly like all property owners, each is unique. There is no general pattern or identifying quality other than a desire to sell without a broker.

That said, the sale of real estate is complex and in slow markets it's especially tough to get a buyer. The National Association of Realtors reports that in 2006 some 5 percent of all sellers who started out as self-sellers ultimately used a broker while 1 percent started with a broker but ultimately sold by themselves.

The best approach to self-sellers is to consider the individual needs and preferences of each homeowner and to tailor your approach appropriately.

Question: We paid off our 30-year loan in 15 years by adding monthly to the principle. We have been advised that it would be to our benefit to have our mortgage analyzed. How do we do that and do you think there is benefit in pursuing that course?

Answer: With mortgages being sold and re-sold with electronic speed it sometimes happens that loan terms are botched and borrowers are over-charged for financing. For instance, with an ARM it may be that the lender has applied the wrong index or margin.

In your situation you have paid off your mortgage early -- a smart choice for many reasons. If you have had an ARM you might want to consider the value of a mortgage analysis to see if you were properly charged by your lender. Alternatively, you have to ask such questions as: How far back will your loan be reviewed? What is the cost? Check the Internet for providers of the service you seek -- and ask to see sample work and results.

Question: I purchased a mobile home in 1985 and financed it with a lender. In 2000, I refinanced with the same lender in order to get equity from my home for repairs and renovation. The lender sent out an appraiser who valued my home at $80,000 and they gave me the money at 12 percent interest for my renovations. I assumed that I got a valid appraisal and believed that appraisers are honest. In 2006 the lender sold my loan to another lender. I asked that lender to refinance my home at a lower interest rate and was later told "no" because the first lender had over-estimated the value of my home and that my home was not worth what I still owed. What can I do about the first lender's greedy business practices. I am probably stuck with my loan as it is.

Answer: If you look at real estate values across the country you will see that in many cases home prices have fallen. The $80,000 appraisal you received eight years ago for a mobile home may well have been right at that time -- but there is no guarantee from anyone that values will remain the same or rise.

If your second lender does not want to refinance your property at a lower rate, so what? There are huge numbers of lenders out there, take your business elsewhere and see if you can get a lower rate with someone else. The betting here is that you will not find a better loan for a 23-year-old mobile home.

Question: My husband and I just purchased our first home. The house is new, but we have had nothing but trouble and are continually finding problems. We have a one-year warranty, but we are beginning to think that there may be troubles deeper than skin deep (such as foundational). Is there a way out of our purchase?

Answer: It does not make sense to act in the absence of information. Your first step should be to hire a licensed structural engineer to look at the foundation to see if there is any problem. If there is a problem then you should look to the builder for repairs. Note that many states require builders to provide a 10-year warranty for major structural systems such as a foundation. For details, speak with a real estate attorney in your jurisdiction.

Question: My question concerns a home that my ex-wife and I have for sale with a real estate broker. My ex lowered the asking price $35,000 without my permission or knowledge. Not surprisingly, we received an offer the very next day. Our agent told me it was okay to lower the asking price as long as one of us gave permission to do so. Is this true?

Answer: I disagree. I think brokers are obligated to have everyone who signed the listing contract approve a price change, unless the agreement contains language to the contrary. For specifics, please contact the real estate commission in your state or speak with a real estate attorney. A good list of real estate regulators can be found at ARELLO.com .

Question: I'm in the market to buy and have a question about foundations. What's the difference -- or advantage -- of pier-and-beam versus slab foundations?

Answer: The type of foundation under a home should be appropriate to the climate and soil. Homes with pier-and-beam foundations tend to have greater stability because they rest on piers sunk deep into the ground. Slab foundations are made from poured concrete and are more common today as they are less expensive to install.

Both types of foundation are perfectly fine if properly installed and suitable for a given area. However, if you see cracks in your walls at an angle from doors and windows, you may be seeing evidence of settling. Some settlement is normal, some is not. For specifics, speak with a professional home inspector or structural engineer.

Question: When you go in to get a mortgage, they talk about points. What are points?

Answer: A point is equal to a percent of the mortgage amount. If you borrow $200,000 and pay 1 point, you will have a $2,000 cost at closing.

Points are nothing more than a form of deferred interest. Generally you want to avoid points if you expect to be a short-term borrower, but points can be okay if you expect to have a mortgage for many years. Always ask lenders to quote mortgage costs at "par" or without points so you can better understand financing expenses.

Question: Do you have any suggestions -- other than meeting with a lender -- on how I can figure out how much home I can afford?

Answer: There are affordability calculators online. However, their use is extremely limited because what you can afford depends not only on your income but also your non-housing debt level, credit standing, job stability, and your preference for credit -- are you comfortable with a lot of debt or a little?

There's no reason not to speak with several lenders to determine how much you can borrow. There is also no reason not to borrow less if the idea of big monthly costs is discomforting.

Question: My neighbor has a cat that constantly uses my yard as its litterbox. What recourse do I have? Or how can I deter the critter?

Answer: Call your local animal control department to determine your rights.

Question: I rent right now. My family constantly harasses me about buying. But I'm happy renting! I pay about $900 a month in a market where homes average about $150,000. Am I making a mistake renting?

Answer: No. Ownership is right for most people but not for everyone. Generally buying now is not a good idea if you expect to move within a few years, if you expect your income to decline, if you have weak credit or if you're in a market when home values are falling.

There are financial reasons which tend to favor ownership -- such as tax deductions and the potential for appreciation -- and personal reasons -- such as your ability to control your environment and (hopefully) gain equity over time. But everyone has different interests and preferences; you have to see what's best for you.

Have a real estate question? Send your inquiry to Ask Realty Times . Because of the volume of mail received, Mr. Miller cannot respond to questions individually or privately. Published letters may be edited for space and style. For comments regarding other Realty Times articles, please contact individual authors by pressing here . For past columns, please press Ask Realty Times .

This column is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional services. If legal services or other expert assistance is required, the services of a competent professional person should be sought.