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Author: Monty

  • Tree trimming thorny issue between neighbors

    Reader Question: Our neighbor has a tree with branches that encroach on our property and pollutes our swimming pool. Our neighbor says we cannot touch their tree, as it will ruin its shape. Can we rid ourselves of this nuisance? Monty’s Answer: Many property owners see trees as a valuable resource that adds value to…

  • Multiple choices improve consumer experience

      Reader Question: Why do you recommend interviewing multiple people when choosing a real estate agent? Honestly, it seems unwieldy but I would like to understand the logic. Paul H. Monty’s Answer: Interviewing all service providers, not just real estate agents, is a practice that improves the consumer experience. It does take some time to…

  • I want out of the sales contract

    Reader Question: I want out of the sales contract I signed yesterday. Can I change my mind and decide not to sell? If I can do this, what liabilities would there be to me? Monty’s Answer: First know it is not uncommon for a seller to experience a malady called “sellers jitters.” Our most cherished memories…

  • Six tips on when to restore, or replace vintage home components

    Reader Question: I have a mid-century, brick, two bedrooms, and two-bath vintage home in a nice older neighborhood. Paid $215K for it and did some remodeling. The last appraisal was $236K. The soffit is very wide (4′ or so) and is part of the architectural design of the house. I have four spots that need repair…

  • Fallen tree concerns next-door neighbor

    Reader Question: If a fallen tree from my neighbor’s yard, or a huge branch damages the fence or wall between our houses or my pool or pool equipment is he liable? My insurance agent gave me a very vague response about the insurance adjuster determining liability. How can I be liable for his tree, or…

  • Can an agent legally work for both parties and earn both commissions?

    Reader Question: Is it legal for a real estate agent to work with the seller and the buyer and if it is, then get both commissions? Jonie P. Monty’s Answer: It is legal for a real estate agent to work with both a buyer and a seller. Real estate law in every state says that…

  • Eight tips for rent-to-own homebuyers

      Reader Question: My mother-in-law would like to do a rent-to-own agreement on a house she currently owns with my husband and me. The house is free and clear, and she wants to help us out. We would like to buy the house in about two years. What are both parties’ legal obligations in a…

  • Staging a successful real estate proposal

    Reader Question: I want to create a successful real estate proposal for a property owner. These are modest houses in a decent neighborhood where we own other rentals. One is vacant. We have a rental right next to the homes I would like to purchase. I have become somewhat of a friend of the homeowner to…

  • Home seller agrees to pre-closing occupancy

      Reader Question: Pre-closing occupancy is okay with me. I am selling my home myself. The buyer wants to move furniture in before closing? I want to do it legally. Help! Thanks, Mary T. Monty’s Answer: Your question is one of the thorniest situations in real estate transactions. The potential of alienating the buyer by saying…

  • Property owner questions eminent domain offer

    Reader Question: We are in the middle of an eminent domain offer. Our rental house is being taken for a new highway. We have 101,685 square foot property with a 1466 square foot 3 bedroom, two bath house. The Department of Transportation (DOT) offer came in at two hundred thousand dollars. Based on other sales…

  • Neighbors look to sue a sloppy neighbor

    Reader Question: Can you tell me if a homeowner can sue a sloppy neighbor or the city for not taking action on a neglected property? We have owned our home for fourteen years now. The neighbors take good care of their property. But, three years ago the pristine property across the street was sold. The…

  • Which real estate agent to choose?

      Reader Question: I am going to sell my home. One Realtor has an awesome marketing plan and a lower commission, but there was no chemistry. Another Realtor whose commission is higher, and marketing is not as vast, but good; established some chemistry. Which real estate agent do I choose? Ashley B. Monty’s Answer: Based…

  • Five tips to evaluate income property

      Reader Question: We want to make our first real estate investment purchase. We have decided on investing in older 2-4 family apartments. It appears there are different ways to decide what a property is worth. How do you evaluate an old three family? Julie and Rob P. Monty’s Answer: There are many theories regarding…

  • Five tips to vet a shared driveway

      Reader Question: We are interested in a home that has a shared driveway. I cannot think of any pro, except maybe the shared cost to maintain. What are the cons to worry about with a shared driveway? Thanks! Chris Z. Monty’s Answer: Shared driveways are fairly common. Most often, there are written rules that…

  • Should home sellers consider an auction sale?

    Reader Question:  As home sellers consider an auction sale and a traditional listing and cannot decide, your take on the differences would be valuable for us to know. Is an auction sale a good idea? Monty’s Answer: A real estate auction is an event conducted by an auctioneer on a certain date, place and time where…