The Internal Revenue Service has concluded that a landlord or a homeowner with a home business who needs to have mold remediation performed at their home is tax deductible as an ordinary and necessary business expense.  It qualifies as a repair that has to be done to protect the investment of your home and business.

Renovations that increase the value of your home can’t be counted as business expenses.  Mold remediation does not add value to the property, so it is tax deductible.  Mold remediation is necessary because the health of you, your employees, or your tenants would be affected if not performed, thus affecting the cash flow into your home business.  Only the mold remediation is deductible, not any upgrades or renovations to the property.

The total cost of the mold remediation project, including any pre or post-testing that an on site mold analysis could do for you, is what you would declare as your deduction at the end of the year.  In addition, any building materials that you have to purchase after the mold remediation is tax deductible too. These are necessary to complete the repairs caused by the mold in the first place. 

It’s also possible that relocation expenses for you, your family, or your tenants may be deductible as well.  Check with your tax adviser and ask them if these costs could be deductible.

With all the talk about mold being the kiss of death in real estate transactions, it’s good to know that there actually is an economical advantage to a moldy situation.

I recommend you consult with your CPA to see if this applies to your particular situation.  If you need assistance with mold identification or removal, contact Courtney Silverman.

HOW TO SELL YOUR HOME FOR TOP DOLLAR. If you are thinking about selling your house or condo, this is the best time of year to do so. However, a successful home sale requires preparation and planning.
 
 The first step is to get your residence into near “model home” condition. That means cleaning, repairing and painting. But don’t go overboard with renovations. Let your buyers remodel to their taste. Most home improvements rarely bring in as much in additional sales price as they cost.
 
 However, modest-cost cosmetic improvements usually pay off. Profitable examples include fresh paint inside and outside (paint is the most profitable dollar-for-dollar improvement you can make), new light fixtures, new floor coverings (if needed) such as wall-to-wall carpets, and outdoor landscaping spruce-up.
 
 THE BEST WAYS TO DETERMINE YOUR HOME’S MARKET VALUE. Home sales prices depend on recent sales prices of nearby comparable residences within the last few months. A good place to start is on the Internet to determine your home’s approximate market value.
 
 A brand-new Internet Web site that provides free “guesstimates” of home values is www.Zillow.com. When I checked my home, I was amazed to see an aerial photo of my house, including the lot boundaries. The Zillow estimate of my home’s market value was remarkably accurate. However, this remarkable new Web site doesn’t yet cover the entire nation.Another free Internet home-value-estimate Web sites include www.REALTOR.com  This Web site will often refer you to a local realty agent.
 
 After you have had fun with the Internet estimates of your home’s market value, if you are a serious home seller, the best way to obtain a more accurate market value estimate is to interview at least three successful local real estate sales agents.
 
 Even if you are thinking about selling your home alone (known as “FSBO - For Sale By Owner” or “fizzbo”) the agents you interview won’t mind giving you their listing presentations. The reason is they know most “for sale by owners” give up and list with a professional agent within 30 to 60 days.
 
 KEY QUESTIONS TO THE LISTING AGENT YOU INTERVIEW. The reason it is so important to interview your local agents is to understand their sales ability and their CMAs (comparative market analysis) of your home’s market value.
 
 The interview, including the agent’s inspection of your home, should take about an hour. This will be time well spent.
 
 The reason is that the agent should prepare a written CMA showing the agent’s estimate of your home’s market value. The CMA will include recent sales prices of comparable nearby homes, the asking prices of neighborhood homes now listed for sale (your competition), a list of recently expired nearby listings which didn’t sell, and the agent’s estimate of your home’s market value.
 
 In addition to receiving each interviewed agent’s CMA, here is a list of key questions to ask each agent (the best agents anticipate these questions as part of their listing presentations):
 
 1.) What are the names, addresses, and phones of your five most recent home sales listings?
 Before you decide to list with one of the agents interviewed, be sure to phone those recent sellers to ask, “Were you in any way unhappy with your listing agent?” and, “Would you list another home for sale with the same agent?”
 
 2.) How long have you been selling homes in this area? Do you sell real estate full-time? What professional courses and designations have you completed?
 
 Some agents will resent these questions, realizing you are a well-educated home seller. But the best agents will have anticipated these important questions.
 
 Occasionally, you will find a successful part-time agent who comes highly recommended by recent home sellers. Or you might encounter a promising new licensee who has lots of time to devote to selling your home listing.
 
 3.) What is your marketing plan for my home? The best agents will have anticipated this question by providing a written marketing plan as part of their listing presentation.
 
 Each written marketing plan should include at a minimum a) a weekday open house tour for all MLS (multiple listing service) member local agents, b) Internet promotion on the agent’s personal Web site and at www.REALTOR.com  (where 76 percent of today’s home buyers begin their search), c) brochures (ask to see samples of the agent’s past brochures for other listings).
 
 4.) How many listings do you have now? What are their addresses? Do you have an office assistant? What percentage of your listings didn’t sell last year? What day of the week do you take off and who covers for you when you are gone? Are you planning any vacations during the next three months?
 
 If the agent you are considering has too many listings, he or she might not be able to devote enough time to your home sale. Watch out for “numbers agents” who take many listings, have several assistants, but sell a low percentage of their listings. However, consider it a bonus if two agents work as a “team” to handle a large percentage of their listings.
 
 Having an office assistant is another bonus to free the agent’s time for sales while the assistant handles the details such as arranging inspections, appraisals, and sales closings.
 
 5.) What sales commission do you charge for a home like mine?
 
 If the listing commission is competitive, this is not the time to cut the agent’s commission and incentive to get your home sold. Presuming the agent’s references and success record are satisfactory, a sales commission up to 8 percent could be acceptable.
 
 The most important part of the sales commission is the portion that will go to the buyer’s agent. To illustrate, if your home sale listing offers only a 2.5 percent commission to the buyer’s agent, but other local listings offer a 3.5 percent commission, agents representing buyers are likely to show those homes before yours.
 
 Courtney Silverman advertises her listings extensively on http://www.realtor.com/ .  This allows for maximum exposure of your property to the the buyer population. Contact Courtney Silverman with The Keyes Company / Realtors for to understand how she works to get your property sold.
 
 

Second Consecutive Rise Points to Limited Fallout From Market Slump in 2007
By CHRISTOPHER CONKEY, WSJ.com
WASHINGTON — Sales of existing homes rose for the second consecutive month in November, a sign of rebounding demand that suggests the economic fallout from the housing market’s slump will be limited next year.  The National Association of Realtors said sales of existing homes last month increased 0.6% from October to an annual rate of 6.28 million units, down 10.7% from a year earlier. Spurred by lower interest rates and home prices, sales have now increased in back-to-back months for the first time in more than a year. 

Together with a recent upturn in the rate of new-home sales, the modest rise in existing-home sales indicates that home-buying activity may be stabilizing after a yearlong downturn. ”The change was small, but the results were encouraging nonetheless because they suggested activity is beginning to form a bottom” said Michael Moran, chief economist at Daiwa Securities America Inc.

If the housing slump is indeed bottoming out and starts to reverse itself in the months ahead, it would gradually lift a great weight off the broader economy. Housing-related industries have been shedding thousands of jobs in recent months, and builders have been forced to scale back construction to match waning demand. That has been a major factor behind the slowing economy this year, and many economists say growth — now running at an inflation-adjusted annual rate of about 2.0% — won’t fully bounce back until the housing correction has run its course.

Of course, it is far from certain that the housing slump is over. Inventories of unsold homes remained large in November, with a 7.3-month supply on the market at current sales rates, according to NAR data, up from a five-month supply a year earlier. That suggests builders will continue to cut production until supply is better aligned with demand. In the meantime, large inventories will continue to put downward pressure on prices.

Last month’s median home price — the price at which half of homes sold for more and half sold for less — was down 3.1% from a year earlier. November was the fourth month in a row that median home prices were down from a year earlier. NAR President Pat Vredevoogd Combs described current conditions as a “window for buyers” to re-enter the market.  Go to Courtney Silverman’s website to look at local inventories in Broward County, Florida.

  Additional support for a rebound is coming from the competitive labor market, which is producing solid wage gains and lifting consumer sentiment. As with the recent data on housing, which generated more relief than enthusiasm among economists, the improved sentiment reading was due more to a moderation in pessimism than any surge in optimism. More than anything, the data suggest the nation’s economy will be able to maintain its current pace of slow-to-moderate growth as the housing imbalance is corrected. “There’s nothing signaling a severe downturn or a severe upturn,” said Lynn Franco, who oversees the Conference Board survey. 

What you can do?
Review your Escrow Account Statement:
Did your lender or loan servicer:
Forget to pay your taxes? 
Pay your taxes late? 
Charge the late fees/penalties to your escrow account? 
 
If so, complain directly to your lender or loan servicer and ask for a refund of the late fees.  Some questions and answers: 
 
Question 1: What’s the law require? 
Answer: Section 6(g) of RESPA requires loan servicers to pay taxes, insurance and other escrow account charges on time to avoid late fees or penalties. (Section 6(g) is found at: 12 U.S.C. 2605(g).) HUD interprets Section 6 (g) of RESPA to require lenders to pay borrowers’ tax bills on time so long as the homeowners were current in their mortgage payments. If the lender pays the tax bill late and the homeowner is current in making the mortgage payment, HUD would consider the lender responsible for any penalty or late charge, barring any justifiable excuse. 
 
Question 2: If I paid my mortgage on time, why was my lender late in making my tax payment? 
Answer: Mistakes happen for any number of reasons.  Most late payments are due to computer glitches, or may occur when loans are being transferred from one servicer to another or when lenders merge. Most lenders do not routinely pay tax bills late. Many lenders get a computer “tape” from the taxing authority for all borrowers who owe taxes in that jurisdiction and sometimes names and bills are left off the tape by mistake. Some lenders expect homeowners to forward the tax bills and some homeowners may not do so timely. 
 
Question 3: How can I check to see that I haven’t been charged for my lender’s mistake? 
Answer: RESPA requires your lender to send you an Annual Escrow Account Statement. Compare your Annual Escrow Account Statement with your tax bill. If you did not receive a bill from your county, city, or other taxing authority, you can ask the taxing authority what you owed in taxes for the time in question. You will need to check both to make sure that the amount the lender paid from your escrow account matches your tax bill. If the amount the lender paid from your escrow account is more than your tax bill, that difference may be a penalty or late fee. 
 
Question 4: What can I do to get a refund? 
Answer: In a written letter (not a phone call), ask your lender for an explanation and refund if the lender was at fault for paying the tax bill late. Your written letter should be labeled a “qualified written request under Section 6 of RESPA.” You may follow the Sample Complaint to Lender format for complaints. 
 
Please send HUD a copy of your “qualified written request.” That way we can better monitor lenders for compliance with this law. Our address is: 
Office of RESPA and Interstate Land Sales 
Office of Housing, Room 9154 
US Department of Housing and Urban Development # 451
Seventh Street, SW
Washington, DC 20410 
 
Question 5: What can HUD do to help? 
Answer: HUD has started a broad review of the practices of the largest loan servicers in the country. Unfortunately, HUD may not be able to get involved in every dispute that occurs between a homeowner and a loan servicer over escrow charges. By following these instructions, homeowners can help themselves get refunds directly from their lenders. By sending copies of your complaints to HUD, you will help us identify the worst offenders so that we may take appropriate action against companies that are doing the greatest harm.
Find out more about homeowner associations in Weston, FL

Real Estate is NOT a national market. IT IS MADE UP OF MANY LOCAL MARKETS. AND THERE ARE ALWAYS GEOGRPAHIC AREAS OF STRENGTH AND OPPORTUNITY FOR ASTUTE INVESTORS.  (for example, even when the stock market goes down, there are plenty of stocks going up!)

1)  The MAJOR HOME BUILDERS STOCK IS GOING BACK UP.  Stocks normally lead the market by 6 months.   The stock market always corrects itself and housing related stocks like Home Depot and D.R. Horton and Toll Brothers are making the upward correction now.  They are always ahead of the curve.  These publicly traded companies are predicting the slump will end soon…. thus home-builders stocks are rising again. Moreover, the financial media are reporting that Wall Street brokerages are again raising billions for real estate investments.  THE TIME TO ACT IS NOW, ahead of the curve!

2)   Hurricanes will be over soon.  Consumers will be looking to make purchases. The real estate market will firm up.  BEFORE YOU KNOW IT, REAL ESTATE INVESTORS WILL BE SAYING “I MISSED THE OPPORTUNITY!”   SMART INVESTORS are buying quietly, NOW. 

3)   Broward County has approximately $5 BILLION being invested in COMMERCIAL DEVELOPMENTS…. not including the 160+/- acre UPSCALE MALL and HOSPITAL EXPANSIONS.   MAJOR PROJECTS, INCLUDING THE GAMBLING CASINOS will bring in new sources of steady payroll income and needs for places to live.  REAL ESTATE INVESTORS need to pay attention and TAKE ACTION NOW.

4)  DAVIE (near NOVA) is perfectly located for astute investors to BUY NOW.  (Nova University is COMMERCIALLY developing approximately 360 Acres, and Davie is sandwiched between high density areas that are almost completely filled up!)  Davie residential values will have general upward market pressures that exceed other areas.  Some areas in Homestead and Port St. Lucie are showing strength. Another area that has a lot of inventory, but should turn fast is Wellington.  Widely known for its polo sports enthusiasts, Wellington homes sell well during equestrian season.  Hurricane Wilma damaged many polo fields and stadiums last season reducing the influx of visitors and home-buyers.  This year however polo season should be back in full swing and thus absorb much of the surplus, making Wellington attractive NOW.

5)  76,000,000 (that’s 76 MILLION) people will reach Baby-Boomer age during the next 10 years, get sick of shoveling snow and paying heating bills.  These people will likely move SOUTH.  Conservatively, if you figure 20% (it will probably be 30%) that will MOVE TO FLORIDA, you have DOUBLED THE CURRENT POPULATION OF OUR STATE.  NO WONDER THE STATE IS EXPANDING ROUTE 75 AND PLANNING TO EXPAND 595.  NO WONDER THE AIRPORTS ARE ADDING RUNWAYS.  The time for astute investors to BUY is NOW.

FLORIDA has a TREASURE CHEST of people who BELIEVE in REAL ESTATE and HAVE MONEY TO INVEST.   They have actively participated in the historical growth of real estate values and they are pausing on the side-lines waiting for these early indications.  IT IS MY OBLIGATION AND MISSION AS REAL-ESTATE AGENT TO LET MY INVESTORS KNOW THE TRUTH IN THE MARKET INDICATIONS.  (PS: Even the most negative predictions say “except Florida”)

That’s it. My rant is over.  I need to get on the phones!

Respectfully,
Courtney Silverman
Courtney Silverman, PA
Phone: 954-389-3459  ext 224

July is when drywood-termites usually swarm in Florida. Florida state’s commissioner of agriculture and consumer services announced new rules July 6th for termite contracts, giving Florida what one expert said are the toughest guidelines in the nation.
 
Perhaps the most far-reaching rule change involves what happens when a home sustains termite damage while covered by a termite contract. Pest-control companies are now prohibited under the new rules from denying treatments or repairs if they were aware of conditions “conducive” to termite infestation. 
 
In the past, pest-control companies frequently refused to make repairs by arguing that “conducive conditions” such as moisture had led to termite damage — even if they had been inspecting the home for years.
 
These new rules will change the way the pest-control industry does business, because it will improve annual inspections, which is good for the consumer in Broward County, FL.

What is a home warranty and what is the value?
Home warranties protect against the normal wear and tear of major mechanical systems and appliances.  New homeowners may be stretched financially and may not have the funds immediately available to cover the replacement costs if something does break.  When covered with a home warranty and a problem occurs with a covered item, a service technician repairs or replaces the item using brand-new, top-quality parts and appliances.

But home warranties do not cover everything.  Look at the level of service offered, pricing, and the warranty options.  Most home warranty companies cover almost any age, make or model of covered systems or appliances designed by the original manufacturer for residential use.
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Typical home warranty contracts are one-year or 13-month contracts which cover a home’s mechanical systems (the plumbing, heating/furnace, electrical, water heater, and cooling system) and the appliances (washer and dryer, refrigerator, and built-in microwave).  Optional coverage for an additional fee may be offered to cover a pool/spa, well pump, or septic tank. 
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When a claim is made by the homeowner, a repair company is assigned the service cal by the warranty company.  The service person will come to the consumer’s home to inspect the broken system or appliance. The homeowner is required to pay a service call fee to the technician at the time of service. 
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The fee is set at the time the contract is executed  and can range from $45-$100 - depending upon what program and which warranty company was selected. The service call fee goes directly to the repair company.
It’s also important to ask questions regarding the level of customer service that the home warranty company provides. Some questions to ask are:
       “Will I have a single point of contact to go to?” 
       “Will the warranty company’s sales rep come to my office and give presentations on the programs?”
       “Is the company accessible 24 hours a day on the web and by phone?”
       “Can I order policies through the web site and can I receive immediate confirmations and invoicing?”
       “Can I make changes to the policies as they arise?” 
A home warranty is an asset to the homeowner.  It will protect them from the high costs of repair and replacement of covered items.  Ask Courtney Silverman about her experience with home warranty programs and if it is right for you.    

Congress recently passed legislation that will require Manufacturers of Heating and Air Conditioning systems to “increase the efficiency” of the newly manufactured air conditioning units.  The efficiency is rated utilizing a term called SEER.  Currently, most existing air conditioning units have a 10 SEER rating (some 8 SEER and some 12 SEER).  All units manufactured on or after January 23, 2006 must have a 13 SEER or higher rating. The 13 SEER central air conditioner standard is predicted to save the nation 4.2 quads (quadrillion British Thermal Units) of energy over the next 25 years. This is equivalent to the energy consumed by nearly 26 million American households annually. The standard is expected to save consumers $1 billion over the same period.  
Manufacturers will continue to sell 10 and 12 SEER units until their sizable inventories are depleted, and will continue to manufacture and sell parts to service the existing 8, 10 and 12 SEER units for the foreseeable future.  However, during the 2006 calendar year, the lower SEER inventories will deplete and manufacturers and distributors will then only be selling the new 13 SEER air conditioning units, which will be larger and more expensive.  There may also be additional costs associated with incorporating 13 SEER units with existing systems. A home warranty will help homeowners subsidize the high cost of upgrading their HVAC system to a 13 SEER.
 
Since the future costs of replacement of existing air conditioning systems will inevitably increase more than the usual cost of living, the home buyers and sellers need to be informed.