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Sunday, July 12, 2009
Edith Lank :: Townhall.com Columnist
Must They Tell?
by Edith Lank
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Ms. Lank: I do not have any contract with a broker who showed me a property, nor do I wish to use her anymore. I saw this house for the second time with the listing agent. Do I have to tell him I have seen the house with another agent two months ago? -- S.A.

Answer: I don't think you have any legal obligation to reveal the earlier viewing, but you have an ethical and practical one. The listing agent can certainly work directly with you, but he should be alerted to the situation.

If there is any dispute about commission in the future, it would be directly between the agents, and you shouldn't be involved. Disclosure at this point, though, is a courtesy that could head off problems.

On Her Own

Hello Edith Lank: I will be "on my own" in a few months. My husband and I currently own a house together. I think I am a co-owner, but am not sure. Once I'm single I expect to purchase a house. Will I be eligible to take advantage of the $8,000 tax break? -- L.W.

Answer: Your first step is to investigate whether you are listed in the county's public records as co-owner of your present home. With a divorce looming, you should certainly have found out by now. You should be using a lawyer, who can tell you what it says on the deed to your home. Or you can go down to the public records office and find out for yourself.

If it turns out you're not a co-owner of your present home, you could be eligible as a first-time homebuyer, but you'd have to be really single by the time you buy. The sale must be completed before December 1, so there's not a lot of time left one way and another.

Need People With Respect

Hello. We rent out a little house in the country. Don't ask much money per month. But we get young people in there who don't pay rent and also trash the inside, dog pee on the carpet, do what they want. How can we get people to rent who have respect for other people's property and who won't damage the walls? -- L. and H.M.

Answer: To get people with respect, don't rent to people without respect. As I write here so often, being a landlord takes skill and effort, and tenant selection is probably the most important part of the job. Don't turn over your house to just anyone who asks. Take your time, and put some effort into finding the right tenants.

Don't automatically refuse young people. That violates fair housing laws, and you could easily turn away some good renters. Continued...

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About The Author

Edith Lank is an authority on housing issues.

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