Question: I have been offered a chance to purchase 5 acres of land. The seller had purchased 40 acres on a land contract, and the house on that land is in need of repair. To make the repairs he wants to sell 5 acres. Can he sell this property without sub-dividing it?

Answer: The "seller" bought 40 acres with a land contract. A land contract is an installment sale where title only goes to the buyer after some or all payments on the land contract are made. Thus the first question is this: Does the "seller" actually have title to the property? Without title what can be sold?

For you to have separate title the property must be subdivided. However, does the land contract still exist? Is there a mortgage? If yes, can the property be subdivided or must it remain whole because it is security for a lender or the holder of the land contract? It may be that to market you five acres the seller will need both to subdivide the property and refinance.

Is the land you are considering suitable for construction? Is your purchase contingent on the ability to get proper permits? Before going further, please sit down with a local real estate broker or attorney and review the specifics of this proposal.

Question: We are planning to buy a home out of state. I had once read an article that houses can be hard to insure due to water damage and insurance claims. How can I tell if such claims have been made?

Answer: You want a CLUE property database report . This is a study which shows all insurance claims for a given property during the past five years. The cost is about $20. ("CLUE" is short for "Comprehensive Loss Underwriting Exchange" Property Database.)

However, what if there was damage but no insurance claim was made? Be sure to get a professional home inspection to determine the current condition of the property.

Question: My husband's uncle rented a house to us for $1,200. My husband's parents and brother also moved-in together. We divided the rent in two. Then, two years later our landlord informed us that they would sell the house, but if the house did not sell the rent would rise to $1,400. Is this okay to do? They did not even put the house on the market.

They now want to increase the rent to $1,550 because my sister-in-law just moved in. I told them that we are just going to pay our fourth of November's payment. I don't have a say so if my sister-in-law lives here. The landlord told me that I have to pay half of the payment. I told them since we are all on the lease that each adult is accountable of the share of the rent.

Can the landlord let anyone live here without my permission? It seems they make up their own rules for their family but when it comes to me making up my rules, they don't like it. For instance, I just added a small Chihuahua. Now my family has been informed that we have to move in 30 days. The landlord says that we can't have a dog because it isn't covered on their insurance policy, yet they took down the fence around the pool and I have small children. This does not make sense to me.

Answer: The landlord, even an uncle, cannot require you to share your home with others. In the absence of rent control and lease provisions to the contrary, a landlord can raise rents. That increase can either be accepted by you or not. If not accepted, you need to move. As to a fence around the pool, the local health or housing department will want to assure that the pool is safe. You can contact them for details.

The rent is something which is owed by all tenants. How the rent is divided up is not the landlord's business, what counts is that the landlord receives all rent when due.

With regard to the dog, you need to see what the lease allows. Some leases ban pets, others allow them, and still others allow pets with an additional fee and deposit.

Most importantly, you need to move. You plainly are not happy with the current situation and the landlord is not happy with your little dog.

Question: I'm selling a home and on the listing agreement the broker is asking for a processing fee of several hundred dollars. Is this normal? I have never seen this in a real estate listing contract.

Answer: You often read about real estate brokers who handle billions of dollars in volume each year. That's true. What's also true is this: Very little of that money actually goes to the broker. Most of it goes to sellers. Much of what's left is paid to salespeople and associate brokers who work under the broker's authority to outside brokers who list a home or represent a purchaser. Moreover, what is paid to the broker largely goes for office expenses, advertising, insurance, etc.

The result is that brokerage is not as profitable as many believe, especially given the volume of sale dollars involved. To obtain a better return, and in some cases to stay above water, many brokerages began charging an administrative or processing fee several years ago.

In the context of a real estate sale an administrative fee is usually a few hundred dollars. If this fee is not acceptable to you, then you need to consider other brokers. However, you also need to consider that your goal is to sell the property for the best possible price and terms. If the broker with the processing fee is best able to deliver the results you want, then paying the fee may be a lot cheaper then potentially selling the property at a lesser price and terms.

Question: Where I can find grants/low/no-downpayment information for a first time home buyer?

Answer: Local brokers will have such information. Be sure to ask about such programs as bond-backed mortgages and mortgage credit certificate (MCC) loans that are offered by state governments. Also, ask about grants from local groups and whether your employer has any housing assistance programs. For loans with little down, ask about financing guaranteed by the FHA, VA and with private mortgage insurance (MI).

Question: Where on the Internet can I file an arbitration claim?

Answer: Arbitration is not really an Internet matter. Instead you need to look at your sale agreement, mortgage loan papers, listing agreement or lease to see if there is an arbitration provision. If yes, then information for filing a claim will be provided. If there is no arrangement in place, then you and the other party must agree to seek arbitration. A good source is the American Arbitration Association .

Question: I live in a condo with 180 units. A recent survey of the residents revealed that 20 percent of respondents are experiencing serious problems with cigarette smoke coming into their units from unknown sources. The board of directors will not act on this information and abate the nuisance, although we believe the condo by-laws obligate them to do so. We would like to find a referral in the area whom we could consult. Where would we find such a listing? The smoke is creating a serious health hazard, making living and working in our units nearly impossible.

Answer: What you're looking for is a consultant who specializes in indoor air quality issues. Such folks can be found online and you can also find equipment manufacturers who offer smoke abatement systems. Also, contact a local branch of the American Lung Association -- they may have some recommendations.

Ultimately, though, it may be that given the way the building is ventilated there is no solution other than to have a smoke-free building. Such rules -- proposed after the condo by-laws have been established -- raise a host of privacy and enforcement questions and could even be seen as a "taking" of sorts.

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.