Author: Monty

  • Is earnest money returned when real estate transactions fail?

    Reader Question: If we paid our good faith money to the agent, and the deal doesn’t go through, do we still get that money back, or do we have to go to court? Monty’s Answer: This question is a potential landmine. Real estate law varies from state to state, contracts are often poorly drafted, so…

  • Three Tips For A Potential Real Estate Investor

    Reader Question: I am a young person who inherited money. I’ve been looking at different career options, and I have decided to invest in real estate, but I have little knowledge about it. Where do I find people with money who are looking for attractive real estate deals with a partner? Monty’s Answer: Real estate…

  • Will a zoning change cause our property value to drop?

    Reader Question: We own a small, well cared for, older home in a moderate neighborhood in a small midwestern city of about 30,000. We are one block off off of a feeder street near downtown that has both similar single-family homes plus a few apartments and small medical offices. The zoning allows for a medical…

  • Who pays the real estate commission?

    Reader Question: We are preparing to place our home for sale in the spring market. As we interview real estate agents, they differ on who pays the real estate commission in the transaction. This difference is curious to us. How would you answer the question? Monty’s Answer: Who pays the real estate commission is an…

  • Must a home be listed in the MLS to be “for sale?”

    Reader Question: Must a home be listed in the MLS to be for sale? What, if any, legal issues would be caused by offering on a home that’s off the MLS but was on it recently? Should the seller’s agent re-list it before one makes an offer? Monty’s Answer: Any seller is free to sell…

  • Our offer was accepted. How do we get out?

      Reader Question: We have an accepted offer on a home. The home we really wanted has come down in price, and we would love to get it. Can we do this? Monty’s Answer: The first consideration is to accept that going down this road will involve a cost to you to determine if it…

  • Household waste disposal gone wild

    Reader Question: I have a neighbor with a house for sale. It’s household waste disposal gone wild. He had another neighbor with a backhoe come into his yard the other day and dig up a portion of the yard to bury a large amount of trash. By trash, I mean lumber, building materials, large metal…

  • Three Ways to Buy a Home with No Down-Payment and Marginal Credit

    Reader Question: Can I buy a home with no down payment and marginal credit? I have been working a good job for over two years. I had several years of a bad road earlier. Do you have any advice? Monty’s Answer: For any person to buy property without a down payment and good credit may…

  • Can a Seller Contact a Prospective Buyer Directly?

    Reader Question: Can a Seller Contact a Prospective Buyer Directly? Is it OK to reach out to the prospective buyer and see if they have any questions about my house? They came and looked and appeared interested. My real estate agent will not communicate with us, so we do not know the status. Monty’s Answer:…

  • Rebuilding A Damaged Historic 18th Century Home

    Reader Question: What happens if a tree falls on my neighbor’s 18th century home and destroys it? Who determines the cost of rebuilding an “antique” like that? Monty’s Answer: Let us assume the tree in question is on your property. If the tree were alive and healthy and fell onto your neighbors home the neighbor’s…

  • Trust Our Real Estate Agent?

    Reader Question: We wanted to trust our real estate agent. We accepted a purchase offer which allowed us to stay for 21 days after closing with no cost and an additional 45 days at a nominal daily rate. We were out of town during the entire transaction, and our agent sent us the electronic document and…

  • We have an offer for a million dollars over appraisal

    Reader Question: We have an offer for a million dollars over appraisal for our building and parking lot from a developer. They offered 2.2 million dollars with a one-year requirement for us to vacate. We have a separate independent appraisal valuing the two parcels at about $1.2 million. The plan is to demolish the building and…

  • To Own Your Home, or Not

    Reader Question: Should we own a home, or not? We have been married for six years. We have rented till now and have saved enough for a twenty-percent down payment with a tidy reserve. A variety of concerns make us wonder if we should buy a home. The economy appears to be doing well, but underfunded…

  • Five tips when researching for a housing cooperative

    Readers Question: What is a housing cooperative? Monty’s Answer: When researching for a housing cooperative here are five tips. A housing cooperative is a form of ownership that creates an interest in an abode through stock ownership in a company, as opposed to a deed to a parcel of real estate. It could also be…

  • Retirement Home Search Requires Effort

    Reader Question: My wife and I are getting closer to retirement, and we can go anywhere we want in the USA. We want to find the right lake or mountain home. I am looking for a single agent/source to help us find what we want anywhere in the USA. I am discovering that real estate…