Radon Re-test

First thing this morning I have a stop in Pullman to set up radon re-test - follow-up radon testing as recommended by the EPA. The first test gave us a result right at the action level of 4.0 pCu/L and we want to make sure that we have a good number. Since the testing is done by sampling, a small statistical bias can enter into the results, hence the retest fro radon gas.

We're also running a longer test which will give us a smoother data set.

And, since I always offer a free radon follow-up test if the clients wants it, this test is free.

Pardon the Dust

Those that know me know I am never content to leave well enough alone- I'm in the process of building a bigger better website and I'm typing as fast as I can.

Attending the Home Inspection

This article was published by the State of Washington in their semi-annual newsletter to Real Estate Licensees. I was very pleased that my work met their standards. Next I hope to get a paying gig.... During the public comment portion of a recent board meeting for the Home Inspector Licensing Advisory Board, the inspector asked for clarification regarding the process of real estate agents attending the home inspection. While it spurred considerable discussion, the issue was outside the scope of the Board’s purview. “Why don't you go get a cup of coffee or something while my client and I concentrate on this inspection?” is what one home inspector said to a Licensee recently during an inspection. The agent balked and stated "I'll be fined!" Here is the story from the inspector. Within minutes of beginning the inspection the agent involved had begun asking the inspector leading questions. The inspector recognized that the real estate Licensee was attempting to exercise damage control. In this case, the issue really was a big deal - it needed to be attended to as soon as possible and it was important that the buyer understand it fully. The liability for everyone was substantial. Every Licensee is familiar with the process of the inspection. The Department of Licensing now has regulations on how to conduct the referrals including requirements for a written policy for each office and disclosure requirements for both the inspector and the agent. These are regulatory and legal requirements and need to be differentiated from the obligations that are placed on us by associations and clients. What we do not have are rules for the interaction at the inspection. That was the situation here where the regulatory requirements differ from the association rules. The inspector pointed out the inspection time is his time with the client to provide that client with the best available information. To protect everyone involved, the home inspector suggested the Licensee leave. The client fortunately was oblivious to the real messages being exchanged. Imagine the reaction of the client if the inspector said to the Licensee, "Why would you try to convince me to minimize a serious and expensive issue when it has the potential to bankrupt my client; and, if not fixed, make this house unsellable five years from now?" As home inspectors our primary obligation is to ensure that our client is as fully informed as possible. This means focusing on the concerns and questions that the client has; an agent asking questions at this juncture can interrupt the process and actually increase buyer anxiety. Given that strong-willed personalities populate our professions on both sides of the equation, let’s focus on how to avoid the potential for confrontation rather than assign fault. Could the inspector have been more tactful? Probably. Could the Licensee been less intrusive? Probably. But focusing on the confrontation does not move the industry forward. Instead, we should look at the facts on attendance requirements and information sharing. Then, we can look for common ground that will make the process more successful for all parties.

There is no legal requirement to attending the home inspection. That doesn’t let you off the hook though; your local MLS and Realtor Associations may have bylaws that will direct your actions on attendance. The Northwest MLS, for example in Rule 50(a) states, “no key holder shall leave any other person who is not also a key holder unattended at a listed property without the seller’s permission.” This, by definition, includes the home inspector and the mutual client. On the eastern side of Washington, the Associations are either indifferent (Lewis-Clark Association) – or actively discourage attendance (Whitman County Association.)

At the heart of the Northwest MLS position is the legal liability if property is damaged or missing after the inspection, not a matter of a lack of trust. The western side of the State is more litigious than rural Eastern Washington and the Multiple Listing Services and Associations have responded to that to protect their members. The purpose of the MLS rule is to actively protect the property of the seller by maintaining control of the property and monitoring the activities of those who are present – the buyer and the inspector. It is quite normal and reasonable for a buyer or the inspector to open and look into closets. It would be a rather different event if one or the other were trying on jackets or looking in jewelry boxes and the Northwest MLS recognizes this.

In Eastern Washington, there is a greater concern with unduly influencing the inspection. The region is less litigious than Western Washington and the incidences of broken or missing items very rare. A greater perceived risk for the real estate agent is the liability incurred by attending the home inspection. For example, an agent attending the inspection who tells the buyer that an item “isn’t a big deal” has injected themselves into the process and placed themselves in substantial jeopardy. Worse, the agent may find herself held responsible even if they say nothing; failing to point out a defect, even if the inspector missed it, may be enough for the agent to be held legally liable.

In each case, the MLS and local processes have taken into account the source of greatest liability to the members. But what of the inspectors….

The Inspector has legal and ethical rules he must follow. Under Washington regulations (WAC 308-408C-020(10), the inspector is not allowed to disclose the results of the inspection to any person other than the client. By that standard, the home inspector cannot and should not discuss the report in front of either the seller’s or buyer’s representative. Most inspectors have an automatic means built into their Inspection Agreements to gain this permission so that they can transmit the report to the agent representing the buyer. I am unaware of any inspector who routinely collects approval for transmission of information to the opposite party in the transaction.

Without the approval of the client, the inspector is required to exercise reasonable care in presenting the information without compromising the privacy of the client. Indeed, in a small percentage of cases, usually involving a dual agency by the real estate agent, the client will specifically withhold permission to share the findings of the report. In those cases, we cannot ethically discuss the findings while the buyer’s representative is present any more than we could if the home owner elects to be present.

So, clearly, while attendance is mandatory in some areas due to MLS Rules, it does not carry the force of law. The effect on the agent is unchanged as they can still be fined. What we need are an operative set of rules that both inspectors and agents can agree upon to work in a cooperative manner rather than treating each encounter as an adversarial adventure.

1. Mutual Respect. Too often, the real estate agent and inspector behave in a manner that does a disservice to their common client and to their industries. Instead, each should recognize the limits of their expertise and act within those bounds while respecting the obligations that are placed on the other person legally, ethically and morally.

Inspectors need to accept that the agent will be present. The inspector needs to communicate clearly his expectations to perform the task he was hired for without interference. The mere presence of an agent does not constitute interference. The agent is there to maintain the security of the property. Unless the inspector wishes to assume that responsibility, he should be supportive of the agent. Also, the buyer’s representative can directly get the information from the inspector at the appropriate time and with the permission of the client to best serve the needs of the client. This can serve to limit miscommunication by getting the information directly from you rather than relying on their interpretation of the report or the second-hand impressions of the buyer.

If the agent is the seller’s representative, understand that the communication with the buyer is confidential. The inspector is not being deliberately rude in avoiding you or asking you for privacy with his client but performing within his scope of responsibilities to his client.

2. Let the Inspector work. Every successful inspector has developed an individual system of performing the inspection and communicating the results. Both clients – buyer and seller - have expectations that the inspection will provide unbiased information. By systematizing his process, the inspector increases his accuracy for your clients while minimizing wasted time.

Additional people at the inspection add distractions and increase the likelihood that items important to your client will be missed or miscommunicated. Every inspector has a story of the first-time homebuyer who has both sets of parents, siblings, children, the aunts, uncles, first and second cousins show up for the inspection. This invariably makes the job of the inspector far more challenging and substantially changes both the flow and the quality of information that your client is receiving. As an attending agent, you can help by directing these flows and letting the inspector do his job.

Also, as an agent, you may have been through hundreds of inspections through the years. Resist the urge to provide your own commentary. The inspector is a licensed professional who adds to his knowledge base through annual continuing education. A comment such as “I’ve never seen an inspector say that is a problem…” places you in a position of liability and may not reflect the progress of the inspection industry. Let the inspector take that risk.

3. Attending the Inspection – or just Present? If you are required to be at the inspection, understand that this is a different requirement than attending the inspection. To quote Oliver E Frascona from an article in REALTOR® Magazine,

“Don't go through the house with the inspector. Explain to your clients that you sell real estate and the inspector inspects it.”

This is a time that you can catch up on emails, phone calls and other small tasks that do not require full office. One agent of my acquaintance reads or chats with the client. Her primary focus is to be ready to assist the client when needed and to be the buyers advocate if there is a claim of missing or damaged property. She coaches the client to let the inspector do his job and then proceeds to model that behavior.

When there are findings, she respects the client and trusts the expertise of the inspector. This licensee will ask clarifying questions to ensure that she understands the scope of the issue and the precise location. She finds that this greatly enhances her ability to communicate with all the parties involved.

4. Negotiations. It is a very different question when the buyer asks “Should I get this fixed?” versus “Should I have the seller fix this?” Inspectors need to be aware when they are crossing the line from inspector to agent. The agent is the person who has the expertise to handle the negotiations. Just as an inspector will grumble if an agent minimizes a reportable item in the report, the agent has every right to be unhappy if the inspector crosses the line from impartial observer to advocate. Inspectors need to resist the urge to leave their sandbox. Let the agents do their job representing the client.

The ultimate goal of each of us is to have clients successfully navigate the home buying/home selling process. For that to happen, real estate agents and inspectors need to act cooperatively in the best interests of our clients.

5 Tips for Finding a Handyman

Finding a handyman - a good one - is like panning for gold in the Atlantic ocean.  Finding a handyman that doesn't charge an arm, leg is even more challenging. Most people think of the handyman as the jack-of-all-trades.   Some handymen think that as well.  No single person can know it all and the handyman that tells you he can do it all is giving you a big neon warning sign - "BEWARE!"  It might be more accurate to say that a handyman is the man - or woman! - who can do the job you need done.

The modern handyman doesn't look like a guy named Daryl (with another brother Daryl).  They are a variety of shapes and sizes, both genders, all colors, with a variety of skills.  The professional full-timer will have a larger range of skills and charge accordingly.  Part-timers are usually more narrow in their skills but cheaper.  Either might be able to help you depending on your project.  The real trick is to make sure that you don't push the handyman past his comfort zone.

Onto the 5 tips for finding a handyman...   Tip 1  on Finding a Handyman

Have a clear idea of what you want.  If you don't know how you want the project to turn out, your handyman isn't going to know.  He might be able to give you some ideas but ultimately you need to be in charge.  Make a list of all the projects you want done whether it's cleaning the gutters or building a cabinet.  Talk it over with them and make sure that they can handle the types of work and the total work load. Talk with them, discuss their experience and favorite projects.  Get a feel for what they can accomplish.

Tip 2  on Finding a Handyman

Make sure that the person you want to hire is on the up-and-up.  Any legitimate handyman will be carrying insurance to protect himself and you. He should also have the proper business licenses.  You'll want to talk to more than one handyman  - three is usually enough to get an idea of the costs and scope of the services that they can offer you.

Tip 3  on Finding a Handyman

Check their references.  Handymen live and die by reputation so don't be afraid to ask them for references - and don't be afraid to follow up on them.  You need to know who it is that you are inviting into your home.

Tip 4  on Finding a Handyman

You need a contract.  It's a nice thought to be able to get work done on a handshake and a nod but in our modern world, you need a contract.  The contract should define what the handyman is going to do, for how much, how he's planning on charging you (flat fee, hourly, etc.) and when payment is due.  If he offers a guarantee on his work, get it in writing.  It's a "Trust but verify" world out there.

Tip 5  on Finding a Handyman

Avoid the handyman that calls you up and offers any sort of special deal, sale, or "we're in the neighborhood" work.  Unfortunately, there are a lot of scam artists that are very slick at separating people from their hard earned money.  Be leery of deals that are too good to be true.  If you followed the steps above, you should be able to avoid these guys.  My first instinct if I'm getting unsolicited offers is to assume that someone wants to take advantage.  Be comfortable enough with your intuition to "just say no."

Inspecting Sidewalks

Okay, I admit it - I tried to find a duller topic than inspecting sidewalks.  It might not exist.  Insulation - close but vermiculite might have asbestos and asbestos causes cancer which is definitely worth a look-see.  Paint - maybe but at least it's colorful plus you can get it in a semi-gloss even for the exterior.  Mrs. Duffau suggested floors but that immediately brought to mind Italian tile which lead me to regular tile, hardwoods then to carpets and, ultimately to a collection of shag carpets we saw once when house shopping; deep piles of shag in every room, neon lime green in one room, neon purple in another, neon hot pink shag in the master bathroom.  We bought a different house. So we're stuck with sidewalks.  Personally, I like them.  They go places and I always seem to have a need to get somewhere.  I get the same feeling when I watch planes overhead.  Where's it going?  Planes, however seem to involve expensive things like tickets and the TSA.  Advantage, sidewalks.

When I look at sidewalks, the first thing to remember is that someone needs to be able to use them.  How they need (or want) to use them will vary.  I did not realize that a lady that I know had aged until I walked on the grass as she walked on the narrow walkway.  There wasn't room for both of us and I am, at least for now, more stable than she.  When she reached the steps she slowed, took each one deliberately. There were no handrails. She could have used them.

So size does matter.  The usual recommendation is a 36 inch wide sidewalk.  That will accommodate a stroller, a walker, a wheelchair.  Except that isn't wide enough.  All of us have seen those older couples, married for sixty years and still in love with each other.  If she is using a walker, where is he?  That's right, right next to her, a guiding hand on her elbow.  They won't both fit 36 inches of walkway.  So, when planning for senior living spaces, we should be making the walkways wider, much wider.

And they should be flat.  Seems evident but not a week goes by without me writing up a trip hazard on a sidewalk.  It doesn't take much cracking and settling to cause trouble.  A lip of 1/2 an inch has put me on my head.  Tree roots and frost heaves will do damage but the main culprit is good old-fashioned poor workmanship.  Add in weeds growing in the cracks and a flat smooth surface is not a guarantee.

Lighting is another area that we should check.  I like solar lighting for the backyard but that was for our old dog who was getting scared of the dark.  His eyesight dimmed and he worried about getting separated from the pack in the dark when the wild things were out.  I would have put them along the front too but we have streetlights and they cast enough light for now.  Later, I can add more solar or, if I have the money, put in permanent lighting running off a house circuit.

And finally, what should we build the sidewalks with?  Concrete is the old standby though with the development of stamped and colored concrete our options have grown from the standard hard grey stuff we grew up skinning our knees on.  Brick is always nicer but not as smooth and sometimes slick with growth.  Pavers are just precast concrete is thin pieces but we can make decorative shapes and styles with them to show off the sidewalks.  Wood chips?  Comfortable to walk when you still have the balance but not very practical for walkers, strollers or wheelchairs.  Young kids love them.  Wood planks?  Wood rot and slippery when wet. Each material has it's own unique advantages and disadvantages. Flagstones are pretty but treacherous because they are so uneven.

It also isn't set in stone that the sidewalk must be straight.  A curve, a gentle radius is not only attractive but can actually make the walk safer to transit.  In that same vein, the surface really does need to be non-skid.

Planning a new sidewalk or planning to adapt a sidewalk involves taking all these characteristics into account.  Inspecting them does to with the added need to understand who's walking the walk.

Senior Associations - AARP, ASA, AMAC

When you think "AARP", you think discounts for meals and travel, prescription drug programs, Medicare insurance - and the "gray panthers."  While widely hailed for the benefits they extend to their 37 million members, it is the last item, political activism that has sparked a change.  By taking political stands on highly controversial issues, especially on the Affordable Care Act popularly known as Obamacare, they have angered half of the senior population .  This has led to an exodus away from the largest  senior organization toward a pair of new organizations seeking to capitalize on the discontent.

AARP

Quoting the organization itself, "AARP is a membership organization leading positive social change and delivering value to people age 50 and over through information, advocacy and service."  Founded in 1958 as an out-growth of the National Retired Teachers Association, it's original purpose and still it's core business is not in providing discounts to senior but to sell insurance.

AARP is very active politically and has been actively promoting the continuing growth of benefits to seniors.  One of the criticisms of the organization has been the liberal focus of it's policy positions.  On a range of issues, from retirement programs to taxes, AARP is consistent on positioning itself to the more progressive end of the political spectrum. Indeed, on inter-generational issues, AARP has advocated policies that while protective of their core constituency, are arguable damaging to the country as a whole including continued opposition to privatization of social security despite the fact that the system is clearly in long-term decline and is unsupportable as is the case with the current structure of Medicare.  In both cases, the AARP position is effectively to tax all other individuals regardless of age to provide the benefits to the current retirees and those that are close enough to retire to benefit before the system collapses.

In 2009, AARP actively began supporting legislation that would eventually evolve to be the Affordable Care Act (Obamacare) angering much of the senior population.  While publicly proclaiming that it was non-partisan, the plan that it supported was the most partisan piece of major legislation ever to pass through Congress.

Given that AARP is primarily an insurance company, the support of the ACA was a clear conflict.  Indeed, the health plan ultimately passed contained cuts in Medicare that seniors rely on but the mandatory participation in the healthcare marketplace - enforced with a tax that would be devastating to much of the 50+ age population that AARP claims to represent - should serve to increase revenues for the insurance arm of the organization.  This presents a clear conflict of interest.  Approximately 60,000 members resigned in protest from AARP at the time.

AMAC & ASA

One of the beneficiaries of the dissatisfaction with AARP was the Association of Mature American Citizens.  With a base of approximately 300,000 members, AMAC actively promotes not just the benefits packages that AARP delivers but also conservative activism.  This activism includes not just working with the senior population and issues directly related to it but also includes specifics on hot-button social issues such as abortion and immigration.

As with AARP, AMAC has insurance as its base business and offers programs that in general are comparable to AARP.  Included are life, health, Medicare, dental and auto insurance.

The American Seniors Association (ASA), founded in 2005, is similar to AMAC though less visibly active in their conservatism.  Again, the funding for the organization is through insurance.  The core principles for the ASA can be found in their "Four Pillars" which address Medicare, Social Security, Illegal Immigration and Tax Reform.

One significant difference ASA offers is a more tightly structured benefits system which does not have the range of discounts offered by AMAC and AARP.  Where the other organizations focus on creating discounts in entertainment and dining, ASA stays unabashedly focused on the core services.

Cost for each:  AARP, $16; AMAC, $15; ASA, $15.

Westchester County Wins A Top Aging-in-Place Award

I'm not sure that I buy this.  One thing that the article is short on are specific details on what entails a successful aging-in-place community.  Given that this is being given to one of the toniest 'burbs in New York and is coming from AARP that never has seen a tax on the young that it didn't support - provided of course the benefits went to seniors; taxes on the young for the young don't concern them unless it sucks too much money away from their prized objectives.

New York's boomer population is, well, booming and as the 50+ population across the state and nation continues to soar, municipalities are faced with an array of issues from planning to public policies. Today, at the 21^st Annual Golden Harvest Awards in Tarrytown, AARP honored Westchester County with a top designation for its innovative approach in tackling issues facing the 50+, naming the county a World Health Organization's age-friendly community.

A look at the website for The Center for Aging-In-Place shows that they have an impressive amount of organizational activity and volunteer recruitment.  What's missing are details on home modifications and such that are needed for the aging-in-place community.  It's nice to give someone a ride but people spend a huge amount of time in their homes.  Aging-in-place should most directly addresses that.

But that is the hard problem.  Modifying a house is a potentially expensive issue and determining the most cost-effective means to improving the safety of the homeowner - often female, often living alone -takes time, talent and knowledge.  One of the primary issues that I have with the programs that I have seen so far it that they either look at government solutions that sound good on a regional basis but fail to get to the nitty-gritty of actually making changes in the individual's home or, much worse and fortunately rarer, the unscrupulous contractor that is looking to separate the senior citizen from as much cash as possible, as quickly as possible.

Aging-in-place means just that.  Working with the senior citizen in their home, modifying it as most feasible, to allow them to spend their remaining years at home.

It's not a cab service, garden club or a goldmine.  It's about homes - not houses - and the loved ones that live there.

Preparing for Winter

Preparing for winter when you're a senior or approaching that time of your life entails a bit more planning than when we were 22 and invincible.  Winter isn't yet snarling and slashing the windows with sleet but it's lurking close by. It's 40 degrees outside this morning and 32 up in Pullman and Moscow.  It won't be long.... A couple of thoughts on winter preparation for those of us not invincible.

Servicing the Furnace

It time.  You should be servicing the furnace at the beginning of every winter before the worst of the weather gets here.  If I've learned anything in a half century, it is that Murphy's Law is the true controlling force of the universe.

If you don't get it serviced and it fails, it will do it at the worst possible time - the day before Thanksgiving or Christmas or during a blizzard.  So, call up your heating company, have them tune it up for the winter and swap the filters so you have a clean one headed into the closed house season.

Arrange for Snow Removal

If you are no longer able to shovel your own sidewalks and steps, get help.  Set it up ahead of time so that when it snows, you're not calling the same person that 47 other people are calling.  Somebody isn't going to get helped if they wait.  Don't let it be you.  Preparing for winter means not waiting until the last second.

By the way, this doesn't have to be a paid service.  I shovel the walkway for Darlene, my neighbor two houses down, every year.  We don't get much snow and I am still pretty fit so it's a task that doesn't overwhelm me.  Talk to your neighbors and your church - see if they would be willing to lend a hand.

Stock Up on Supplies

Earlier this year, large parts of India suffered huge power outages.  The Indians were used to having power outages and were prepared.  We're not nearly so use to outages but we can expect far more of them than in the past.  When the outages hit the East Coast this summer, they were devastating.

Our power transmission system was built in the fifties and sixties.  It's getting old in many places and we haven't done some of the upgrading that would "harden" the power grid and protect it.  It's vulnerable to everything from winter weather to solar flares.  Add to that, we are losing a huge amount of power generation due to EPA regulations and we can expect more outages.

Have extra food on hand that doesn't need to be cooked.  Have a second source of heat in your home.  If you are relying exclusively on electricity, you have the potential to be left shivering in the cold.  As always, you should have extra batteries, working flashlights, a safe supply of all your medications (enough to last at least a week). Preparing for winter means preparing for the unexpected.

Check In

Have a time and day set up to check in with friends or family especially if you are living alone.  If you need to, set up with a service that will check in with you.  Let people know that you are okay.  It won't just potentially save you in an emergency - it will give your loved ones a small measure of peace of mind.  It's hard to admit that we may need a bit of looking after but we all do, to one degree or another.

Do the little things now to make this winter easier to manage.  It wouldn't hurt to hope for an early spring....

ADA Compliance lawsuit closes restuarant. Adios, Fords Burgers.

A 50 year old burger joint in California gets sued by a lawyer over ADA compliance issues.  The owners don't have money to upgrade the entire restaurant so they're shutting down.  The issue that forced the ADA compliance problem was counter tops that were too tall to meet the standard in the 50 year old building the restuarant was located. Sadly, the ADA  (Americans with Disabilities Act) is subject to enormous abuses which diminishes the good it can accomplish.  Unfortunately, when lawyers can initiate lawsuits on their own behalf to provide for the enforcement of the ADA, there is a natural tendency for some (a small minority, really) lawyers to enrich themselves while claiming good intentions.

ADA compliance is also notoriously hard to manage because of the complexity of the regulations and the lack to trained people to help businesses identify and correct issues prior to the lawsuit.

ADA Compliance Surveys

If you have access to an ADA compliance consultant, I urge you to meet with them regularly to protect yourselves.  A good consultant will analyze your building, generate a report and, in many cases, follow up with you and your facilities maintenance personnel to ensure that you are in ADA compliance.

In the State of California, you can locate ADA Compliance inspectors at the CASp website.  CASp stands for Certified Access Specialist, a voluntary certification program.