A Massachusetts Consumers Guide to Shopping Rights

From the Massachusetts Office of Consumer Affairs and Business Regulations

For most of us, shopping is a necessary fact of life. By knowing some of the general laws that protect consumers, you can safeguard your rights. (Please note, unless otherwise stated these consumer protection laws apply to businesses and not to private party sales.)

Warranties: Express & Implied

A warranty is a two-part pledge to you. First, it promises that the merchandise sold is as represented. Second, it promises that you will receive repairs, a replacement, or a refund if it is not the quality or condition represented. A seller does not have to use formal words such as "warranty" or "guaranty," for a warranty to exist. There are two types of warranties: express and implied.

Express Warranty:

Sellers create an express warranty when they make a promise, show a sample or model, or describe goods to you. The written warranties provided by some manufacturers are express warranties. Express warranties can be oral or written, but you should try to get all promises in writing for your protection. (M.G.L. c. 106, § 2-313 (1)).

Implied Warranty of Merchantability:

Under the implied warranty of merchantability, the merchandise must do what it was designed to do with reasonable safety, efficiency and ease, and for at least a reasonable period of time. For example, a toaster must toast, a TV set must have a picture and a clothes dryer should not overheat and catch fire when properly operated.

Every item sold by a merchant in Massachusetts automatically comes with the implied warranty of merchantability. There is no warranty of merchantability if the seller is not a merchant, or if the seller is a merchant but does not ordinarily sell goods of that kind. For example, a computer purchased from a restaurant that does not usually sell computers will not have this implied warranty.

Under this law, a merchant cannot sell merchandise "as is", "with all faults", or with a "50/50" warranty. (M.G.L. c. 106, §2-314)

Implied Warranty of Fitness for a Particular Purpose:

If you ask a salesperson to recommend a sleeping bag for camping in sub-zero temperatures, then the recommended bag should keep you warm. If it does not, then the merchandise is not fit for its particular purpose, and the seller had failed to follow this implied warranty. The implied warranty of fitness for a particular purpose arises when all three of the following conditions are met: 1) the seller has reason to know your particular purpose for buying a product; 2) you rely on the seller's skill or judgment in selecting or providing a product to meet that purpose; 3) the seller has reason to know that you are relying on his/her skill and judgment. (M.G.L. c. 106, §2-315)

Breach of Warranties:

Under state law, it is an unfair or deceptive act or practice to fail to honor a warranty. (M.G.L. c. 93A, §2(c), 940 CMR 3.08 (2))

Refund, Return & Cancellation Policies:

Massachusetts law requires that a merchant clearly and conspicuously disclose the store's refund, return, or cancellation policy. A merchant cannot misrepresent the store's policy or fail to honor it. Generally, clear and conspicuous disclosure means that the merchant must display a written return policy that the buyer can see and understand before the purchase is made. As long as the product is not defective, a merchant can chooseany return policy, provided the merchant discloses this policy to the buyer before the purchase. Stating the policy on the receipt would not satisfy this disclosure requirement, because it is not provided until after the sale. (M.G.L. c. 93A, §2(c), 940 CMR 3.13(2)).

Defective Merchandise:

A store, however, cannot use its disclosed policy to refuse the return of defective merchandise. When the item purchased is defective, you can choose a repair, replacement or refund. This right is contained in the Implied Warranty of Merchantability law. Under that law, merchants cannot limit your remedies. In addition, this means that if a merchant chooses an "All Sales Final" return policy, it must disclose that policy without limiting your rights. For example, the disclosure of the return policy must be similar to a posting which reads:
"All Sales Final, With the Exception of Defective Goods." (940 CMR 6.12)

Merchandise Credits:

When a store issues a merchandise credit for returned goods, you have at least seven years from the date of issue to redeem the credit . (M.G.L.c. 93§14S )

Gift Certificates:

Gift certificates must remain valid for at least seven years and are not subject to any fees. Once you have used 90% of the cards' value, you may choose to take the remaining value in cash or continue with the gift certificate. The definition of Gift Certificate is expanded to include electronic cards with a banked dollar value, and merchandise credits. Gift Certificates not clearly marked with an expiration date, and issuance date, shall come with those dates clearly printed on the sales receipt, or available on line. If the dates are not provided, the Gift Certificate shall be good forever . (M.G.L.c.200A§5D)

Truth in Advertising and Sales

Disclosure:

Under state law, a merchant must tell you about any fact that may influence your decision to enter into the transaction. For example, a used car dealer would have to disclose that a vehicle was in a serious accident (940 CMR 3.16(2)).

Misrepresentation:

A merchant may not make a claim about a product or service that would mislead you. It's also illegal for a merchant to mislead you by failing to tell you relevant information about a product or service (940 CMR 3.05(1)).

Bait & Switch:

Merchants may not use bait and switch tactics. A merchant using this tactic works to lure you into the store with an appealing advertisement for Product A. The merchant does not really intend or want to sell Product A. Instead, once you are in the store, the seller will try to pressure you into buying Product B, which usually is more expensive or more advantageous to the seller than Product A. (940 CMR 3.02 (3)) Bait & Switch tactics include:

· Refusing to show, demonstrate, or sell the advertised product in accordance with the terms of the offer;

· Discrediting the guarantee, terms, quality, etc., of the advertised product;

· Claiming there are insufficient supplies of the advertised item (unless otherwise noted in the advertisement);or

· Refusing to deliver the item within a reasonable period of time.

Out of Stock Items/ Rainchecks:

A merchant must have enough of the advertised merchandise available for sale to meet reasonably expected demand. If a store is out of stock of a product, then it generally has to provide you with a "raincheck." This will allow you to buy the product for the advertised price when it is in stock again. The store can also offer a comparable substitute for the out of stock item. However, the store does not have to provide rainchecks if the ad states that the available quantities are limited or unavailable in certain geographic areas, or if the demand was more than could reasonably have been anticipated. (940 CMR 6.06)

Advertising Errors:

If an advertisement contains an error, the seller may honor the terms stated in the advertisement or promptly correct the misrepresentation using the same advertising medium. (940 CMR 6.13)

Sales:

For the term "sale" to be used in an ad when the actual savings are not stated, the law requires the savings to be at least 10% for items regularly priced $200 or less, and at least 5% for more expensive items. Stores cannot have the same item on sale for more than 45% of the 6 month period following the first sale date. (940 CMR 6.05 (5) and (3))

Sale Prices:

If you buy an item at the regular price and it goes on sale soon after, there is no law requiring the store to refund the difference in price. However, many stores will give you a refund out of good will.

Used Products for New:

A merchant cannot represent, directly or indirectly, that a product, or any part of it, is new or unused when that is not true. Nor can s/he misrepresent the extent of the previous use. A merchant must clearly and conspicuously disclose whether the products or parts for sale are used, or contain used, rebuilt, reconditioned, or remanufactured parts. (940 CMR 3.15 (1))

Lay Away Plans:

These plans allow you to pay for a product in installments, but you will not receive the merchandise until after you have paid in full. A store must fully disclose its policy on lay away plans, including cancellation and return (or non-return) of payments already made. Merchants cannot change the price of merchandise by increasing payments or by substituting lower priced merchandise. (940 CMR 3.12)

Pricing

Non-Grocery Stores:

Merchants must mark merchandise with the actual selling price. They also must disclose to you the cost of services prior to an agreement. Merchants cannot misrepresent the price or claim that it is reduced or offered for a limited time only, when this is untrue. This pricing law is enforced by the Attorney General. Certain non-food retailers who utilize in-aisle electronic price scanner systems may not be subject to this requirement. (940 CMR 3.13(l)).

Food and Grocery Stores:

The Massachusetts Item Pricing Law requires food and grocery stores to individually price mark most items with the actual selling price. The law also requires food and grocery merchants to sell any item at the lowest price indicated on an item, sign, or advertisement.

Certain items are exempt from this requirement, including unpackaged products, gallon and half-gallons of milk, eggs, tobacco products, greeting cards, vegetable or fruit baby food in glass jars, soft drinks, and some candy and snack food. Additionally, stores do not have to individually price mark up to 60 items located in end-aisle or freestanding displays, and stores with cash register scanners can exempt an additional 400 items of their own choosing. With over 10,000 items in any typical supermarket, these exemptions are a small fraction of the items stores carry. This pricing law is enforced by the Division of Standards. (M.G.L. c. 94 §184B,C,D,E)

Scanners

If the scanner price doesn't match the advertised price, report this to the Division of Standards.

Cooling-Off Periods

Many consumers mistakenly believe that after they purchase a product they have a "cooling-off period"-such as a 3 day period- during which they can cancel the contract. THIS IS NOT TRUE. The law only provides for "cooling-off" periods in extremely limited situations. If your contract contains a cancellation provision, it is valid. However, not all contracts have cancellation provisions. Be very careful when you are signing a contract, especially when you feel that you are being pressured!

Door-to-Door Sales:

If you make a purchase at a place other than a merchant's usual place of business, Massachusetts and federal law allows you three days to cancel. This rule applies to purchases of goods or services for over $25. (M.G.L. c. 93 §48)

To cancel the contract, you must notify the seller in writing at the address given in the contract no later than midnight of the third business day after you signed the contract. You may deliver the notice or send it by regular mail or telegram. Within ten business days after receipt of your cancellation notice, the seller must return your payment. You must allow the seller to pick up the goods at your house, or if the seller requests and you agree, you may ship them at the seller's expense and risk. If the seller does not pick up the goods within 20 days of the notice of cancellation, then you may keep or dispose of them as you wish.

This cooling-off period does not apply to sales that are:

· made at the seller's regular place of business, which is generally the main office or a branch office;

· made completely by mail or phone;

· under $25;

· for real estate, insurance, or securities; or

· for emergency home repairs.

Canceling a Health Club Contract:

You also have three business days to cancel a health club contract no matter where it was signed. (Health spas, sports clubs, weight control centers, and martial arts schools are all considered health clubs.) The health club must include a notice of your rights to cancel in the written contract. To cancel a health club contract, deliver or mail your written notice to the club within three business days of signing the contract. The club must refund your money within 15 business days of receiving your letter. (M.G.L. c. 93, §78-88)

Time Shares:

Contracts for time shares must allow the purchaser a 3 day right to cancel. (M.G.L. c. 183B, §38A (14)) To cancel a time share contract, deliver, telegram, courier, or send by registered, return-receipt requested mail, a notice of cancellation to the seller no later than three business days after signing the contract. If you paid by check, a refund must be made immediately as long as the check was not yet deposited into the seller's account, otherwise it must be refunded within 7 days. If you paid by credit card, a credit must be made to your account immediately. (M.G.L. c. 183B, §41)

Credit Repair and Services Organizations:

You also have a "cooling off" period for contracts with a credit services organizations. You may cancel the contract until midnight of the third business day after signing it. Your payment will be returned within 10 days of the organization receiving your cancellation notice. (M.G.L. c. 93 §68D)

Shopping by Mail, Telephone, Television, or Computer

You may find it more convenient and enjoyable to shop for merchandise advertised by mail, telephone, television, or computer. Convenience, however, may be costly. Before ordering, take the following steps:

Be sure to read the advertisement carefully, especially the fine print. Do not rely on a picture, as it may not accurately represent the product. Note the promised delivery or shipment date. Do not forget to add sales tax and the postage and handling charges to the cost of the merchandise.

Be sure to get a street address and telephone number from the company, in case you need to contact them. If you are uncertain of the legitimacy of an offer, request written materials. Find out the merchant's return policy before you order, including who is responsible for the return postage. Keep a record of your order including disclosed policies, information about the items, the date ordered, and copies of any paperwork.

Never send cash. If you are thinking of using your credit card to purchase merchandise, find out from your card issuer what protection you will have in case of fraud. Be extremely cautious about giving out your credit card number to an unknown company. There are companies that very persuasively solicit card numbers, charge the accounts and never deliver the merchandise.

Delivery:

The Federal Trade Commission Mail Order Rule: A company must ship your order within the time period promised in its advertisements. If the company does not promise a specific time, the company must ship your order within 30 days of receiving your completed order, unless you have agreed to a delay in shipment. If you pay by charge or credit card, the time period begins on the date that the seller charges the merchandise to your account. However, if you are applying for credit to pay for your purchase (either opening a line of credit or extending existing credit), the company had 50 days after receiving your order to ship the merchandise.

If the seller does not send your order when promised, and you have not agreed to a new shipping date, then you can cancel your order and get a prompt refund. The Mail Order Rule does not apply to: photo finishing, magazine subscriptions (except for the first issue), C.O.D orders, seeds and plants, and credit orders where your account is not charged until after the goods are shipped.

This Mail Order Rule also includes sales made by telephone, computer, and fax machine.

Consumer Privacy

Massachusetts law limits the amount of information merchants can require for check cashing and credit card purchases. (M.G.L. c. 93 §105)

For credit card purchases, a merchant is not allowed to record or require personal information that is not required by the credit card company. Generally, this means they cannot require or record your address, telephone number, or social security number.

For check purposes, a merchant can ask to see a credit card but may not write down the credit card number. Merchants may only record your name, address, and driver's license or state ID card, and telephone number.

Your Massachusetts driver's license number may be your social security number. To protect your privacy and to guard against fraud, you may request the Registry of Motor Vehicles to assign you a random number.

When you provide personal information to a retailer, your name could end up on a marketing list. Some merchants compile information about their customers in order to notify them of sales. This information may come from discount cards that are scanned at the register. If you have privacy concerns, ask the merchant for a written policy about how this information will be used.

Unsolicited Merchandise

If you receive merchandise that you did not order or request, you may consider the merchandise to be an unconditional gift. You may use or dispose of it as you wish without any obligation to the sender. Although you are not legally obligated, you may wish to notify the sender that you intend to keep the merchandise as a gift. This could help avoid possible problems, such as the sender trying to bill you for the merchandise, or it could help correct an honest error. (M.G.L. c. 93, §43)

Fair Credit Billing Act

You are protected by this federal law when you use your credit card to pay for purchases.

Billing Errors:

If you find an error on your credit or charge card statement, you may dispute the charge and withhold payment on the disputed amount while the credit card company investigates. A billing error may be a charge for the wrong amount, for something you did not accept, or for an item that was not delivered as agreed.

To dispute a charge and to protect your rights under this law, you must send a written billing error notice to the creditor. Your notice must reach the creditor within 60 days after the first bill containing the error was mailed to you. The notice should include your name and account number, the dollar amount of the billing error, and the reasons why you believe there is a mistake.

The creditor must acknowledge your complaint in writing within 30 days after it is received, unless the problem is resolved within that period. Within two billing cycles (but not more than 90 days), the creditor must conduct a reasonable investigation and either correct the mistake or explain why the bill is believed to be correct.

Unsatisfactory Goods or Services:

You also may dispute charges for unsatisfactory goods or services purchased with a credit or charge card. To take advantage of this protection, you must have bought the item in your home state or within 100 miles of your current mailing address, and the charge must be for more than $50. These limitations do not apply if the seller is also the card issuer or if a special relationship exists between the card issuer and the seller. In all circumstances, you first must make a good faith effort to resolve the dispute with the seller.

More Information

General information:

Office of Consumer Affairs and Business Regulation
(617) 973-8787
(888) 283-3757
e-mail: consumer@state.ma.us

To file a Complaint:

The Office of the Attorney General
(617) 727-8400

To file Complaints about the Item Pricing Law:

Division of Standards
(617) 727-3480

To Request Mediation:

Contact your local consumer group. You may call Consumer Affairs or the Attorney General's Office for the program that covers your area.

To Report Unsafe Products:

U.S. Consumer Product Safety Commission
(800) 638-2772

Sales Tax Questions:

Massachusetts Department of Revenue
(800) 392-6089

Berni's Comments: Since this is the SHOPPING FRENZY time of the year, I thought that this "KNOW YOUR RIGHTS" info would be helpful. On one occasion, I actually had to question a well-known electronics store about their (then) "fuzzy" return policy which was virtually unseen by the customer. When they refused to accept my (next day) return unless I paid a restocking fee, I made a copy of the law for the management. (Note: this was not a "cooling off period" issue since I did buy the item at their store.) Not only did I get my full money back on the unopened item but a few weeks later, I noticed that their return policy was fully visible (at eye level) to all customers at all cash registers. I was happy when I saw the change and like to think my efforts had a little something to do with it. You see, initially I was just going to accept their store policy and accept the loss (like most folks do and like I've usually done in the past).

For more information, please visit: http://www.mass.gov/ . Office of Consumer Affairs and Business Regulations.

How Hidden Incentives Distort Home Prices

PARKER, Colo. -- As the housing market slump deepens, disguised discounts are making it harder to tell exactly how much people are paying for homes.

Buyers, sellers and other market participants typically monitor fluctuating home values through sale records that legally have to be listed with county clerks. But incentives offered to buyers -- ranging from free cars or furniture to cash rebates -- are making those prices less reliable as a sign of what buyers actually paid, netting out the giveaways. And that may be misleading lenders and people shopping for homes, some real-estate lawyers and appraisers warn.

KB Home in January sold a new townhome with green siding in the Denver suburb of Parker for $196,000, according to the deed recorded with the Douglas County clerk. But a disclosure form provided to the buyer and seller of a particular property, which isn't part of the public record, shows that home builder KB paid $27,600 to another company, which made a cash payment to the buyer. Netting out that effective discount, the price was $168,400.

Incentives of all kinds have mushroomed in recent years as sellers found it harder to unload homes, says Jonathan A. Goodman, a lawyer in Boulder, Colo., who gives seminars to real-estate professionals on how to avoid fraudulent transactions. Fannie Mae, the nation's largest investor in home loans, sent a memo to lenders this month warning them to watch out for "practices that may distort or artificially inflate" house prices, such as payments from sellers or builders that effectively rebate part of the recorded price.

Incentives to buyers are becoming more common in a glutted market. For builders, an incentive can mask a discount that might lower the value of nearby homes the company is still trying to sell -- or avoid angering previous buyers who paid more. For buyers, cash from the seller can finance a down payment.

One risk of these transactions is that they can mislead other buyers into overpaying for similar houses nearby, or give owners of nearby properties an exaggerated notion of their home equity. Lenders can make loans on the basis of an artificially high value, increasing the danger of losses from any default.

The national builder Lennar Corp., for instance, last year offered buyers in certain Florida communities vouchers to purchase Mustangs from a local dealership. Lennar said the voucher was deducted from the recorded sales price of the homes. A few months ago, a small builder in Tacoma, Wash., offered a $20,000 Harley-Davidson to buyers of a $479,000 home. One buyer skipped the Harley and instead took a $20,000 incentive from the builder, which reduced the sales price of the home. But in other cases, " the incentive is not always public knowledge," said an agent involved in the sale, Jeff Jensen of Windermere Professional Partners, Tacoma.

It's impossible to determine how frequently such deals distort recorded prices because public records don't usually contain information about incentives. But the practice appears widespread. Mr. Goodman examined all metropolitan Denver home sales in a real-estate agents' database for the 15 months ended March 31, 2006, and found that 1.5% of the homes sold for at least 10% above the listing price. Sometimes, there are legitimate reasons for paying more than the asking price, such as when sellers agree to make major home improvements. But Mr. Goodman figures that at least two-thirds of those sales involved manipulations that disguised the true value.

Giving cash back to the buyer isn't fraudulent if the payments are clearly disclosed to lenders and to investors who buy loans from lenders. But mortgage-fraud experts say the rebates often are designed to fool lenders into making bigger loans than they otherwise would.

In estimating the value of a home, appraisers rely on prices recorded at county courthouses for similar, nearby houses sold recently. Before using the price from a recent transaction as an indicator of another home's value, appraisers or buyers should check with real-estate agents or others involved in that transaction to find out whether incentives skewed the price, says Jeffrey Otteau, president of Otteau Valuation Group, an East Brunswick, N.J., appraisal firm. But that information can be hard to obtain, he and other appraisers say, and agents and builders aren't required to divulge information about past sales to appraisers.

Distorted prices also can fool computer programs -- known as automated valuation models, or AVMs -- that estimate home values based on sales of nearby properties and other factors. Lenders often use AVMs to check appraisers' work or in some cases as a cheaper substitute for a human appraisal. Zillow.com and other Web sites consulted by people shopping for homes also rely on AVMs. Zillow.com estimates the value of the townhome in Parker at about $191,274, or about 14% above the net price paid by the buyer. A spokeswoman for Zillow said the company "looks at many homes in order to extract patterns used for valuing homes" and that the estimate doesn't hinge on one, possibly distorted past sales price.

In the townhome sale in Parker, public records show that KB sold it to Ruby Gomez on Jan. 5. The HUD-1 settlement statement provided to buyers and sellers shows that KB paid $27,600 as part of the transaction to a firm identified as Falcon. Mr. Goodman said he was told that the payment was made to Falcon Marketing Group. A representative of Falcon couldn't be reached to comment.

Falcon's Web site, no longer operating, this year promoted a program that it said could help people "purchase a property in the next 30-60 days with little or no money out-of-pocket."

A spokeswoman for Los Angeles-based KB confirmed that the company provided an "incentive" to the buyer of the home but added that this was "certainly not standard procedure."

When a reporter visited the home in late July, the occupants turned out to be the family of Jesús Acosta, who identified himself as a construction-site safety inspector. Mr. Acosta said his sister, Ms. Gomez, obtained the mortgage loans and bought the house because she had a better credit record. But Mr. Acosta said he was making the loan payments. Mr. Acosta said that the original asking price of the home was increased and that in return his sister was given cash, but he said he didn't know the details of that arrangement. Ms. Gomez couldn't be located for a comment.

Silver State Mortgage, Henderson, Nev., provided two mortgage loans totaling $176,400 to Ms. Gomez, according to the HUD-1 form. Based on the recorded price, those loans totaled 90% of the home's value. Taking into account the true price of $168,400, the loans totaled about 105% of the value of the home at the time of the purchase, suggesting that the buyer started out owing more than the home was worth.

Silver State Mortgage, a closely held company, went out of business early this year. R. Glen Woods, a lawyer representing Silver State, says it relied on independent brokers to originate loans in Colorado. "If the loans failed to conform to underwriting guidelines, those facts were unknown to Silver State Mortgage. Silver State Mortgage and the investor who eventually purchased the loans in question have suffered losses from situations such as this, in which independent mortgage brokers failed to follow established criteria for the origination of mortgage loans."

Another transaction that shows signs of price distortion is the sale of a home on Olen Mattingly Road in Avenue, Md. The two-story, 2,158-square-foot home, built within the past two years, was originally listed for sale in February 2005 for $635,000 but languished on the market for more than a year, according to local real-estate agents. The owner, builder Bennett Homes LLC, gradually reduced the price to $469,000 by March 2007. In May, however, the home sold for $600,000, far above the recent asking price. Vangie Williams, a real-estate agent who represented the buyers, says the sale involved a payment by the builder to an organization that collected fees for finding buyers. Officials of Bennett didn't respond to requests to comment.

A unit of Wells Fargo & Co. provided two loans to finance the purchase, the first for $479,800 and the second for up to $120,000, for a total of just under $600,000. That is about 28% more than the asking price for the home two months before the sale. A spokesman for Wells says the property was appraised at $615,000. He adds that Wells relies on "objective third-party appraisals in making all lending decisions. While we expect that appraised value [will] be close to market value, that may not always be the case."

The house recently was back on the market. The latest asking price: $499,000.

By James R. Hagerty and Michael Corkery
From The Wall Street Journal Online
Email your comments to bob.hagerty@wsj.com.

-- December 20, 2007

Berni's Comments: Wow! I had to highlight some key points in this extremely informative article. This underscores the importance of working with reputable professionals with excellent references from reliable sources who have YOUR best interests at heart. I believe in keeping REALITY in Real Estate when it comes to marketing a home, even if the news ISN'T what a potential seller or buyer wants to hear. Given a true reality check on current market values helps both sides obtain a clearer understanding on what's real and what isn't.

What To Look For In A Rescue Cat From An Animal Shelter

If you have decided to get a new cat for your family, why not choose one from your local cat rescue home or animal shelter? There are so many animals that are in desperate need of a loving home. By adopting from a shelter instead of buying from a pet shop, you help those animals that are most in need to find a home and help fund the rescue work so that other cats can be saved. Many of these felines have had difficult lives so far - they may have been abandoned, abused or neglected by their owners. So, responsible rescue centres will take special care to find these cats a good home. They will give you as much information as possible about their charges' personalities and histories to help you choose wisely, but also take note of these following pointers before you make your choice.

Observation

Take some time to just watch the cats and kittens without trying to interact with them. Observe how active they are and what type of attitude they have. A cat that stays huddled in a corner or appears lethargic may be sick, which could mean expensive vets bills in the future. Or the poor cat may nave been abused and so is terrified of everyone and everything. If you have the time and patience, please don't automatically dismiss an abused feline. They can repay your care many times over. Take my friend's cat, Sunny, as an example.

Sunny can be affectionate but as she was abused by her previous owners, she can be easily startled and scared. Her new owners found out the extent of her abuse when they went to the vets to make sure she couldn't have kittens The vet,however,had difficulty finding her ovaries. It was then they learnt that Sunny had been repeatedly drop-kicked by her previous owners and her insides had been "rearranged". Due to this Sunny is nervous around people standing up, but fine if you don't move very much and just lie down quietly, then she will come and cuddle up to you. Her life has changed dramatically by having loving owners.

Observe how playful a cat is.

Some pet owners are looking for playful cats that will scamper about the house and chase and play with toys. Others would prefer a more docile cat who will spend hours cuddled up in the owner's lap.

Examine the Cat

Start with the eyes. Bright and clear eyes with no discharge or weepiness are a good sign.
The nose should be clean and slightly moist. Again, there should be no discharge.

The ears should also be clean. Those that are extremely dirty are potentially contaminated with ear mites. Ear mites can be very difficult to get rid of and can easily spread to other cats at home.

Finally, the cat's fur should be clean, shiny, and free of fleas. Fleas can be particularly annoying to both the cat and the owner. Eliminating fleas once they infest the home can be very difficult.

Listen to the Cat

A cat that coughs, sneezes, or sounds congested can be quite ill and should be avoided. Also, listen for sounds of contentment. A cat who is purring is probably happy and healthy. A meow can indicate either trouble or contentment. A long, pleading meow could show that the cat is ill. On the other hand, a playful meow could mean the cat is already developing a bond with its potential new owner!

Play with Kitty

After narrowing your choice down to a few possibles that appear to have the appropriate personality, it's time to play! See how they play with each other first to get a feeling for their disposition. How each cat interacts with other felines is particularly important for pet owners who already have a pet cat at home.

Play with the kitties yourself.

Take out a string, ball of wool or car keys and dangle them in front of each cat. The one that seems most alert and active is likely to be the better choice. Of course, you could always take home more than one if the decision is just too hard to make!

Word of Caution

Any cat or kitten that comes from a shelter will be stressed to some level. This stress has put them at a higher risk of attracting a respiratory infection. They may also be more prone to bite or scratch you before you have bonded. Most cat rescue shelters offer a spayed or neutered cat, with full shots and de-worming but you must also get your cat tested immediately for feline immunodeficiency virus (FIV).

Be aware of any potential problems. Listen to the advice of the shelter workers and don't rush into any decisions.

However, it is so rewarding to adopt a cat from a cat rescue shelter and know that you have saved its life and given it a comfortable home.

Author Bio
Patricia Craggs-Cat Enthusiast at allaboutcatcare.com .

Berni's Comments: My most favorite pet in the whole wide world was "Alaska the Cat" who sadly died in December of 2005. He was an all white angora mix with green eyes and very large frame (almost 20 lbs!) Many times he thought he was a dog! If I called him from anywhere in the house, he would come to me! If he heard a strange noise, his ears perked and then he'd attempt to "alert" me. He was the greatest cuddler and a great source of comfort when I was recovering from ARDS and had to be confined to a wheel chair for a couple of years. I absolutely loved my Alaska! It hurt so much to see him go but his heart finally gave out (the shelter we adopted him from warned us that eventually this would happen). He actually lived a couple of years longer than we expected. He was 5 years old.

I always said that Alaska was my best friend when I needed him the most. In fact, our whole family loved him and still miss him. I used his photo as a mascot of sorts for a website I designed. I also used his name for email accounts and even a screen name at an online forum I belong to. I even wrote a poem dedicated to his antics called, "A Message From a Fellow Cat Slave" ! My daughter wrote a college paper about him and got an "A". My son carried him around the house like a baby (and he was the only one that Alaska would allow to do that. My husband, Victor, would always get greeted by Alaska as soon as he came home from work. So our family was really very crazy about our pet.

I really want another cat but I don't know if I'm ready yet, even though it's been a couple years. I do miss having a pet to care for. I like dogs but I love cats! I want a pretty cat! Sorry. But I do. I'm actually thinking about a Maine Coon next time around. Now that's a very jazzy cat!

Looking For A Good Dog Breeder

If you are interested in getting a dog, you should be interested in dog breeders.

The safest place to get a new dog would be from a dog breeder. That gives you a history or insight of the prospective dog you are interested in. You can find dog breeders in the newspaper or online. If you see a great looking dog in public, you could strike up a conversation with the owner and ask where they got their dog. Try to verify the breeders reputation. There are several methods you can use to make sure the breeder is professional, reliable and can be trusted.

Ask the Dog Breeder for References.

A good, experienced dog breeder can provide you with references to some of his or her clients. Most people who have purchased a puppy from them would be glad to share their experiences with you. Of course, it would be even better if you locate past clients without being directed by the breeder. Not that easy, but word gets around, good or bad. Maybe some of your freinds or family have dealt with this breeder in the past.

Be Ready to Ask Questions and Expect to Answer Many Questions Yourself.

Good breeders are very interested in screening prospective buyers themselves. They want the puppies to go to good homes. Questions such as whether you have small children, size of your home and yard. Is the yard fenced? Have you ever owned a dog before? Do you already have a veterinarian? Can you or someone else spend the neccessary time with a very young puppy until the puppy is older? If a breeder fails to ask questions such as these, he may not care about the welfare of his puppies. Or, he may be having a hard time selling...a possible sign of other problems.

Is Price Important?

Of course! Price is important with anything you invest in. With some breeds, such as Yorkies, the price will range from a few hundred to many thousands of dollars. But, more money doesn't always mean better dog. If you are getting into the dog show scene, you would need more expensive dogs. Most of us are not interested in showing our dogs. Compare prices to decide what your needs are.

Health Guarantees

You should get some sort of health guarantee before you buy. In writing. Most breeders give only a short guarantee for health due to the many deseases a puppy faces. That is why you should take your puppy to a good vet as soon as possible. Do this before your health guarantee runs out. You will want to get your new puppy any shots he needs. Choose a vet that keeps up with the latest information involving puppy innoculations. Some of the shots given in the past are not needed today and may even be harmful.

Good breeders will take all the time you need to answer your questions. Get everything in writing when you buy and follow your dog breeders suggestions. Remember, they have the experience.

Author Bio
Alton Hargrave offers advice and resources for those interested in dogs.
His website, Dog-Daze.net contains honest information regarding all breeds of dogs, deseases of dogs and how to maintain your dog.

Berni's Comments: Now what's not jazzy about an adorable puppy?! This is the time of the year for lots of new puppy owners! So I thought this post might help relieve some of the new owner anxieties... next post: kittens!

Short Sale May Be an Option

Short Sale May Be an Option When
Mortgage Debt Looms Too Large

Question: Could you please explain more about a short sale. I am stuck in my home with two mortgages and can't get out. Please help. I cannot afford this house anymore and can't work anymore due to health reasons.
-- Debbie Garcia, New York

Debbie: I'm sorry to hear that you have health and financial problems. I hope this explanation helps.

In a declining housing market, the value of a home sometimes falls below what is owed on it. When you can no longer pay the amount owed, you have several options. You can try to hand over your deed to your first mortgage holder. But they might not accept it, since they'd still be on the hook for legal fees, taxes as well as your second mortgage. Or you may just let the house fall into foreclosure. But that should only be a last-ditch approach because it hurts your credit rating. And it may not solve your financial problems either, since you may be held liable for any difference between what you owe and what the house brings at auction.

Another alternative is a short sale -- that is, a sale in which the proceeds fall short of what you owe. It can be a win-win situation for you, the lenders and the buyer (often an investor) of your house. But since you're asking lenders to accept less money than you promised to pay them, there's no guarantee that they'll go along with such a sale. And preparing for it will take considerable work on your part.

First, you must prove that you really can't pay your loans -- and that the reason is new, not something that you concealed from your lenders when you originally applied for the loan.

Then you or someone else, like a real-estate agent, must find a buyer willing to purchase your house at market value. Market value can be determined through a formal appraisal (your lender may insist on one) or by an agent's comparative market analysis.

You or your agent also must figure out all the costs of selling the property. That includes the balance of both loans, accrued interest up until the day of closing, closing costs and fees, and unpaid property taxes.

You then must present the facts to your first mortgage holder, which has the top lien position and gets paid first. If your plan will bring them more money than they'd get if the house were sold at auction, they'll most likely go along with it -- and sometimes pick up some of your costs as well, like real-estate commissions and closing costs. However, it may be difficult to get your second mortgage holder to sign off on the deal because if they do, they might not be repaid what they’re owed. But they may be willing to go along with a short sale if the buyer or the first mortgage holder offers to pay them some money, especially if the amount you owe on your second mortgage is small.

Once you close the sale, your problems may not be over. Some hard-nosed lenders may insist that you pay the difference between what the buyer pays for the house and what you owe on the mortgage. Others may forgive that portion of the debt -- but unfortunately, Uncle Sam won't. "Forgiven" debt is considered taxable income.

As you can see, setting up a short sale is complicated and requires some negotiating finesse. Although money is probably tight for you right now, I think it would be worthwhile to consult local professionals with experience in the process, including an attorney, a tax advisor and a real-estate agent.

Author-- June Fletcher is a staff reporter at The Wall Street Journal and the author of "House Poor" (Harper Collins, 2005). Her "House Talk" column appears most Mondays on RealEstateJournal.com

Berni's Comments: I wanted to add a "part two" to the last posting about avoiding foreclosures. I mentioned the expression, 'short sale', therefore I wanted to include an article which discusses the process. I hope this posting clarifies any confusion between foreclosures and short sales.

Ciao for Now, BP
p.s. The next posting MUST be jazzy....'cause I don't want to scare anyone away from my blog!

Protect Your Home and Avoid Foreclosure

Concerned About Your Existing Mortgage?

Learn What You Can do to Protect Your Home
· If you feel like you may be in danger of facing foreclosure and need immediate help, call 888-995-HOPE or visit www.995hope.org . Homeowner's HOPE™, a counseling service provided by the Homeownership Preservation Foundation, can work with you to find a solution.

· How to Avoid Foreclosures and Keep Your Home (PDF: 1.7Mb)
You're not alone if you're having trouble paying your mortgage. The housing boom led to a record homeownership rate of nearly 70 percent, but some home owners now face problems making their mortgage payments and can't refinance their loans. This brochure will help you understand your options and give you tips on how to avoid losing your home--regardless of what kind of mortgage you have. Text-only version available (PDF: 71Kb)

· How to avoid foreclosures (HUD)

· Foreclosure Assistance Programs by State

· Help for Homeowners Facing the Loss of Their Home (HUD)

Credit Counseling is Available

· HUD Housing Counselors: A list of counseling agencies by state

· NeighborWorks® America: Find a NeighborWorks® counseling organization in your community

Under a partnership with NeighborWorks® America, NAR is a founding sponsor of the NeighborWorks® Center for Homeownership Education and Counseling (NCHEC). NCHEC's mission is to work with industry partners to train, certify, and support home buyer educators and housing counselors nationwide.

Article source: © Copyright NATIONAL ASSOCIATION of REALTORS® I Headquarters: 430 North Michigan Avenue, Chicago, IL 60611 DC Office: 500 New Jersey Avenue, NW, Washington, DC 20001-2020

Berni's Comments: Foreclosure isn't jazzy but it is very real. As most of my clients know, I prefer to face reality when it comes to real estate. Unfortunately, there are many other folks who are now facing a very serious threat to their home: Possible foreclosure. Recently, I have had calls from protential clients asking for assistance in avoiding foreclosure. Some decide that selling their home asap is the solution, even if it means a short sale. Others desperately want to keep their homes by any legal means necessary. Therefore, since I am a member of the National Association of Realtors, I wanted to share some very important resources that you can share with everyone. If you have any concerns that you wish to discuss in full confidentiality, please contact me as soon as possible.

Leaving Secrets: How to Create a Personal Instruction Manual for Life

Imagine if your great, great grandfather or grandmother had left you a book with their secrets for living. Maybe it contained nuggets of wisdom, yummy recipes, favorite jokes, or just insights for how to lead a good life. Ever since people learned of my next book, Life's Missing Instruction Manual, people are curious how to create their own "manual" for life.

You can leave such a book for your own family. What are the key lessons you've learned in your life? Are you ready to share them with your children and grandchildren - or with your friend, siblings, parents, and grandparents?

What you've gleaned from your life experiences can make things easier for your children or your relatives. In fact, the lessons you've earned from trial and error can be the perfect gift for everyone in your life - or for one person who matters to you. Here's how to commit your insights to writing and share them with your fellow life travelers.

Carry a pad of paper around with you everywhere for a week.

Jot down your thoughts and observations as they occur to you. Don't judge them. Just make note of them.

Add personal stories and memories, as they come to mind. Again, don't edit your thoughts. Just commit them to paper.

Take a few days to go through your notes, and underline the most important passages, and make additional comments in the margins.

From this, distill the lessons you most want to share with others: your perspective, your values, what matters most to you, and your reactions to the world around you.

Find a beautiful journal or blank book - one that you feel a strong connection with. You might find it at a bookstore, an antique store, an online auction site, a craft store, or even a flea market. Where you find it doesn't matter. How you feel about it does.

Fill the journal with your own instruction manual for life. Make sure to include a title and your name.

Find a special person to share it with, and turn the presentation of the journal into a celebration.

If you don't feel comfortable writing your notes and stories, you can dictate them into a portable tape recorder, and later, you can transcribe them into a journal. You don't have to be a bestselling author, academic, or philosopher to create a instruction manual that can helped your loved ones every day of their lives... and be passed on to future generations as well.

Author Bio
Joe Vitale is the author of the book, Life's Missing Instruction Manual (Wiley, March 2006).

Berni's Comments: While cleaning out my mother's old office and basement after she passed away, I found all sorts of things she wrote and created which I didn't know existed. I started reading her old copies of personalized greetings cards that she would write and print up on her computer, then send to all of her friends that needed a little cheering up. First, I cried. Then laughed. Then cried and laughed some more.

It actually became a little game as I had to sort through a mountain of files and other stuff. She wrote a little poetry, and even a couple of songs! (And I thought my songwriting ability came only from my father...) I even found some landscape drawings (she always loved landscapes and still life). Then surprise of all surprises: I found some large ceramic plates that she had painted in a sort of black iridescent paint with beautiful autumn and winter colored hues depicting these scenes as well. I have never really seen anything like them. I remembered she painted and fired a couple of them at Aunt Helen's house. At the time, my Aunt Helen was a ceramic teacher (who still has a studio in her basement). These pieces have become family keepsakes and treasures because my mother actually signed and dated them!

I never thought I'd find so many precious memories, which really have become my mother's own Personal Instruction "Manual" for Life.

How to Make Your Own Free MP3 Ringtones

In this tutorial, We will guide you in the step by step process for making your own MP3 ringtones.

Tools you need:

* Cell phone that support MP3 ringtones.

* Music CD or MP3 Music File

* Any method of transferring the ringtones from computer to phone (USB, Bluetooth, e-mail, instant message, etc.)

* Audacity v1.3 beta

* Lame v3.96.1

* MP3 Converter (to convert audio cd file to mp3 format)

Instructions:

If you plan to create your MP3 ringtones from a CD, rip the song you want as a WAV (Windows) or an AIFF file (Mac). It's a good idea to specify a new ripping location, too, so the ripped song wont be mixed up with the rest of your collection. But if you're creating your ringtones from an MP3 song, you may want to copy that MP3 song into a new folder so that when we edit the MP3 the audio-editing software won't messed up your original MP3 song.

Now, If you don't have any of the above mentioned audio file types you can use your own Audio CD. But, you will need to use a separate software to convert them to MP3, Wave or AIFF. You can also download MP3 songs the Internet.

Once you have chosen the song to edit and converted it to our desired digital music format (whether WAV, AIFF or MP3), run your audio-editing software. In this case we will be using Audacity, it is free, open source and runs on both Mac and PC. If you don't have Audacity you can download a copy of the file here http://audacity.sourceforge.net/.

Also Audacity needs another separate program (actually its called library) for MP3 compression. We will be using Lame, LAME is an MPEG Audio Layer III (MP3) encoder, you can download Lame Library here http://lame.sourceforge.net/index.php . Once your download is complete you need to decompressed the file. Please take note where you decompressed the file.

So once you have all the tools we need, let's start!

Run Audacity, go to Edit/Preferences/File Format menu, and click the "Find Library" button near the bottom of the screen. Navigate to the folder where you decompressed the Lame Library File, and select it. Also set your bit rate to 128 Kbps. You can choose a lower bit rate to save space on your phone, but you'll get lower-quality sound.

Now continue with Audacity, in Audacity's File menu, select Open and find the music you want to create for your MP3 ringtone. It might take some time for Audacity to import your music depending on its size, the location and the speed of your computer. Just be patient!

Once the importing is done, you will see your music laid out from left to right. Click and drag your mouse around until you find the section you want for your MP3 ringtone. You can listen to your selection by pressing the spacebar, just play around until you find the part that you want to make as your MP3 ringtone. You're looking for a phrase of 10 to 15 seconds or so. Once you found what you want for your MP3 ringtone you now go to "File" Menu and click on "Export selection as MP3".

Audacity comes with several effects; to try them out, leave the ringtone selected in the Audacity window, and then select anything in the Effect menu.Adding these effects is a matter of taste, but I figure it adds a bit of spice to the ringtone and makes it more of an individual statement.

So once all is set and you've finalize your mp3 ringtone, it's time to transfer the ringtone onto your phone. The easiest way to do this is with Bluetooth, assuming you have already paired your computer and cell phone. If your phone came with a USB connection, use that; otherwise, try e-mailing or texting it as an attachment. If you need some info about datacables please go here http://real-ringtones.awardspace.com/datacables.html. Put the mp3 ringtone file into the Audio folder if your phone has one, and then select the new ringtone in your Tools or Options menu. Each brand of phones has a separate way of adding or selecting new ringtones, but this tutorial does not cover that.

So that's it! I hope you enjoy your new MP3 Ringtone!

Author Bio
Rex Meneses is an author for many successful articles written on the about ringtones and how to get them absolutely free. His website Real Music Ringtones have helped many cellphone users.

Berni's Comments: Everyone knows I love music. Especially jazzy, jazzy music! (People are always dancing to my ringtones.) So I thought this article connects with the youth in all of us who just can't get enough of ringtones. So...I really hope this is legal stuff. If it isn't, someone let me know and I will remove this post.

Until then...HAVE SOME FUN!

Top 9 Used Car Salesmen Tricks, and How to Avoid Them

One of the biggest moments in many people's lives is driving off in their brand-spanking-new automobile. It's an exhilarating feeling. It's also a big moment because in that very instant, that brand-spanking-new car loses a big chunk of its value-the difference between the retail price you paid and the car's wholesale value. That's typically thousands gone in an instant.

That's why some car buyers choose to shop around for a used car. You save yourself that steep initial drop-off in value. More importantly, you get a car that runs just as well, is just as dependable, and looks and feels as good as that new car-that is, if you play your cards right.

For if there is one pitfall of buying a used car, it's the risk of buying a lemon, a junker-call it what you want, you get the point: the wrong car. Used car dealers, after all, have nearly as bad a reputation, if not worse, than lawyers do. This holds true for individual people selling their cars through newspapers, Web auctions and classified sites, or with the old-fashioned signs in their car windows. The saying, "Buyer Beware," no where has more meaning than with cars.

The opposite to that, of course, is that there are some real steals out there in used cars. We're talking about quality vehicles that will perform beyond your expectations at a low price. Here's how to find these perfect used vehicles, and avoid the top 10 scams that used car dealers everywhere try to pull on you.

1. Get a second opinion for the hype.
Used car dealers will bombard you with every adjective under the book to sell you on a car-sporty, thrifty, fast, and etc. Don't take their word for it. Instead, find someone you know, whether a neighbor, a colleague, a family member, or a friend, who owns the same make and model of the vehicle, and ask them for their opinion.

2. Do a background check.
One of the most unethical, but legal, things someone can do to you is sell you a used car that's been in a flood (and sort of repaired), or one that's had 10 previous owners (none of whom repaired it). To be sure you don't fall victim to this, track down a history report, including a clearance check on the vehicle title. You can even get some of this information from the seller, simply by asking why they are selling it. You'd be surprised what beans people may spill.

3. Examine for past damage.
Used car dealers may also try to peddle a vehicle that was wrecked in a major accident. It's amazing what autobody experts can do to repair a car's exterior. So don't go by the outer appearances of a vehicle. Before you buy it, make sure that it does not have serious damage to its frame, which it would have if it was involved in a crash.

4. Call up your trusted mechanic.
Used car dealers, especially the big lots, will say they put their used cars through a "100 point inspection," or something like that. Once again, a second opinion is in order. Get this one from your own mechanic. He'll be able to tell how good a shape the car actually is in. Also be sure to ask him or her how often the car had been serviced. A good mechanic can even gauge that.

5. Research for recalls.
Needless to say, a used car dealer may sell you a car that's actually under recall in his mad rush to get the car off his lot. So be sure to call the car manufacturer, or visit their Web site, to see if the vehicle has any active recalls.

6. Avoid the leftover lemon.
Along with recalled vehicles, dealers may even perpetrate something much worse on you-sell you a lemon. (By definition, a lemon is a car that's still under warranty, which has such major problems that, warranty or not, it still cannot be fixed in a reasonable way.) The best way to avoid this is to research in Consumer Reports or the various automobile magazines, which all have yearly reviews of every make and model on the market. They'll tell you whether a kind of car is known for being a lemon and prone to breakdowns.

7. See through the old paint and bait.
Along with performing their "100 point inspection," car dealers may shine and wax a used car-even repaint it-to hide dents, dings, and rust spots. A keen eye, though, can see right through this.

8. Take the test drive.
Once you've done all your research, homework, extra credit, and everything else called for in the first seven steps, then comes the fun-the test drive. Drive the car for as long as its owner or dealer will allow you. Then you'll get a better feel for how the vehicle handles, accelerates, brakes, and otherwise suits your tastes (or doesn't).

9. Be wary of the pushy seller.
At any stage of the game-from the moment you first talk to the seller to the test drive-be careful if the seller gets pushy. Any dealer or seller who is in a rush to move a vehicle should set off bells and whistles. Why the rush? Are they hiding something? In some cases the seller may just be excited to sell you the car-and actually happy for you-but in many other cases, they may be up to something. Better be safe than sorry.

Follow these 9 simple steps to avoid the scams and pitfalls of used car deals, and you could get the car of your dreams-for far less than you'd pay if it was brand-new. Plus, you get that same high when you drive your new used car home, without losing thousands of dollars.

Author Bio
Donald Lee is the public relations manager for Buysellcommunity.com. Buysellcommunity provides free classified listing services. Buy, Sell and trade: auto, computers, household items, real estate, pets and much more. For global and localized classifieds, please visit http://www.buysellcommunity.com - Free Buy & Sell Classifieds

Berni's Comments: I thought this would be a good article to review and save, since we all must decide between BRAND NEW or USED when it's time for the next vehicle. Many potential first-time home buyers hopes get crushed due to new car payments which could have been avoided or at least averted until they actually bought a nice home. After all, why "live" in a car? When with a little patience and conservative budget, you can still drive a car you'll love (or at least, really like) that you bought at a reasonable price with no weighty payments over your head. Then you can live in a comfortable home and enjoy a soft pillow to sleep peacefully upon...every night!

Calculating the Cost of Building a New Home

Question: I want to build a 2,800-square-foot home with four bedrooms, two and one-half baths, a gourmet kitchen, walkout basement with media room and three-car garage in Pennsylvania. How can I estimate the cost to build the house? And what do you think about modular homes?
-- Sheila, Spring City, Pa.

Answer: According to B4UBuild.com, which sells books on the subject of cost estimating, the average cost-per-square-foot to build a home on site is between $95 and $150.

Now wipe those numbers from your mind.

Contractors generally agree that cost-per-square-foot is a terrible way to budget for a home, because there are so many variables involved. Do you insist on top-of-the-line cabinets and appliances for your gourmet kitchen, or will mid-range ones do? Are you planning to side the house with cheap vinyl or expensive stone brick? Is the house going to be one story, or two? (The latter is generally cheaper because the foundation is smaller.) Will you have simple, rectangular rooms that minimize the materials and the labor required for framing, or unusual shapes like octagons with vaulted ceilings? What sort of flooring, bathroom fixtures and heating and cooling system will you have? Is the lot easy to access, relatively flat and easy to dig, or is it rocky, heavily wooded and uneven?

There are a few Web-based calculators that can help you make rough cost calculations. One easy-to-use, free one is Building-Cost.net, which adjusts not only for the quality levels of finishes and fixtures, but also for location, down to the city level. But bear in mind that this and other calculators won't give you an exact estimate, since ultimately that will be determined by the profit margins of the contractor you hire -- information you can't really know in advance.

So if you go the site-built route, I suggest that you start with a dollar amount that you're willing to spend. Interview at least three contractors and check their licenses and references and look at their work.

Once you've found someone you like and trust, the two of you can take your preliminary budget and work backwards, including the must-haves and eliminating the mere wish-I-hads as money allows.

Be sure to keep a cushion of at least 10% to 20% of the total project cost to cover last-minute changes, delays and other problems you can't foresee (for example, the cost of lumber spiking mid-project).

Now to your question about modular homes. Manufacturers of these homes, which are built in a factory in sections, say they are a lot more durable than site-built ones, since they are constructed in controlled conditions. But modular homes still make up only a tiny fraction of new home sales -- only 3.6% of the 1.06 million new homes sold last year, according to the National Modular Housing Council. (Click here for a list of manufacturers.)

That's partly because some consumers remember how uninspired modular homes looked in the 1980s and because some people still confuse them with so-called "manufactured homes," also known as mobile homes or trailers.

These days, computer-aided design means that almost any house plan you choose can be made into a modular home. I think modular homes are fine and definitely worth considering, as long as you can visit a model or a nearby factory. Don't assume you'll save a few bucks, however. In fact, by the time the house is delivered to your lot and assembled, it may cost as much as a site-built one.

By June Fletcher
From The Wall Street Journal Online

-- June Fletcher is a staff reporter at The Wall Street Journal and the author of "House Poor" (Harper Collins, 2005).

Berni's Comment: Hope this helps all who are determined to build their dream homes instead of buying an existing dream home. Either way, I'm here to help.

When Home Builders Hit the Skids

When Home Builders Hit the Skids
Consumers Deal with Uncertainties

The tumbling housing market is claiming a new class of victim: customers of insolvent home builders.

In the latest sign of trouble, Ft. Lauderdale, Fla.-based Levitt & Sons, a unit of Levitt Corp., filed for Chapter 11 bankruptcy protection last Friday, citing the "sudden and steep" downturn in the Florida housing market. Levitt's move follows bankruptcy filings by a number of local and regional builders, including Neumann Homes Inc. in Illinois, Elliott Building Group in Pennsylvania, Turner-Dunn Homes Inc. in Arizona and Kara Homes Inc. in New Jersey. Many other builders simply close up shop.

And the situation is likely to worsen in the first half of next year, says Ivy Zelman, an independent housing analyst. "We're in the first or second inning," Ms. Zelman says. "There are going to be a significant number of insolvent builders."

Unfinished Business

As more builders flounder, their customers can face the following issues:

• Buyers who haven't yet moved in could lose all or part of their deposit -- or wait months for their house to be completed.
• Homeowners could find that liens have been put on their homes by contractors who haven't been paid.
• Communities may have to wait for the completion of roads and amenities such as swimming pools.
What a builder's troubles mean for its customers can vary, depending on factors such as state law, contract terms and how long it takes to get the project back on track. In some cases, buyers may lose all or part of their deposit or wait a year or more for their house to be completed or the builder's financial troubles to be sorted out.

Homeowners who've already moved into a new development can find themselves living near a half-finished house where work has been halted. They also face other questions, such as who will handle needed repairs, what will happen to a promised swimming pool and whether contractors have put liens on their properties -- which could block access to financing. In some cases, local communities have stepped in to fix unfinished roads or pick up overflowing Dumpsters.

Jeff Benes and Maggie Byrne paid $269,000 for a four-bedroom Neumann home in Antioch, Ill., in 2003. Now they are wondering what the company's bankruptcy filing will mean for property values -- not to mention who will plow the development's unfinished streets this winter and when the promised clubhouse, pool and volleyball courts will be completed. "We're all up in the air now not knowing what is going to happen," says Ms. Byrne.

As the housing market has slumped, builders have struggled with rising inventories, falling home prices and cancellation rates that have topped 40% in some markets. Land prices have also dropped, leaving builders owing more for some parcels than those properties are now worth. Banks, meanwhile, are tightening their standards -- not only for home buyers, but for the builders as well. IndyMac Bancorp Inc., which lends to small and midsize builders, said earlier this month that it expected 30% of its home-builder loans to be delinquent by the fourth quarter. The company says that it stopped making new construction loans to builders in August.

During the early 1990s housing downturn, some 15% of home builders went out of business, according to the National Association of Home Builders. The number of bankruptcy filings was very small, says NAHB research director Gopal Ahluwalia. Most troubled builders simply shut their doors or moved into other ventures. No one currently tracks builder bankruptcies, he says.

Often, builders' problems are evident long before any public filing. Before Kara Homes filed for Chapter 11 bankruptcy a year ago, construction crews at its Horizons at Birch Hills development in Old Bridge, N.J., began disappearing, and vendors who had worked on the development were replaced by others who seemed less experienced, says homeowners' association president Frank Ramsom. Kara employees also "started to neglect meetings" and provided "cryptic" answers to homeowners' questions, he says.

Perry M. Mandarino, who was brought in to serve as the chief restructuring officer for Kara Homes, advises people buying a new home to "drive past it every few days or every week, not just on a Saturday," to check on construction. "The warning signs are real obvious," he says. "There's a lot of construction, and all of a sudden it stops. There's inclement weather and they are not boarding up the property."

For buyers who are under contract, the biggest risk is that they will lose their deposit. Some states, such as California, require that homeowner deposits be held in escrow or that the builder post a bond. But in other cases, the builder may be able to tap the money, which may make it harder to recover.

When Turner-Dunn filed for Chapter 11 protection last year, more than 150 homeowners had outstanding deposits ranging from $2,500 to nearly $28,000, according to bankruptcy filings. Turner-Dunn had disclosed in a public report given to buyers that deposits would be used to fund construction and were not being held in escrow, says Mary Utley, a spokeswoman for the Arizona Department of Real Estate.

It's not yet clear how much of that money will be returned. Dan Collins, an attorney for the bankruptcy trustee, says the outcome will depend on future litigation. Under federal bankruptcy law, homeowner deposits take priority over certain other unsecured claims, but only amounts up to $2,225 are covered.

One homebuyer, Brett Angner, put down about $26,000 on a Turner-Dunn home he was purchasing as an investment. He calls his chances of getting his money back "minimal."

Frontier Homes Inc., an Ontario, Calif., builder that bought Turner-Dunn's assets, offered buyers the chance to complete their purchases without an additional deposit. "But it would have been imprudent of us as businessmen to say, 'Here's your money back,' " says Frontier senior vice president Michael Dwight.

Buyers who still want to move into their homes can find themselves living in limbo. One couple waited three years for their $1 million Kara home to be completed. "This woman and her husband had twins," says Mr. Mandarino. "They had to live with a relative."

Another issue: Who will handle the inevitable problems that come with new construction? Builders often provide third-party warranties, but Neumann Homes told buyers it would cover defects that appeared in the first year itself. Homeowners are concerned that the company won't honor that warranty, says Dennis Crosby, a trustee for Antioch, Ill.

Residents are grappling with other uncertainties. Each year, Neumann has installed a ice-skating rink in its Antioch development. But some residents aren't sure they want to pick up the roughly $8,000 tab this year -- or if they have the authority to stop it, says Mr. Crosby, who owns a Neumann home. Village officials say they expect any developer who takes over the project to complete the clubhouse, swimming pool, parks and other promised amenities.

Ken Neumann, the company's chief executive, says that "it's likely that the one-year builder warranty will lapse," but adds that structural and major mechanical defects are covered by a 10-year third-party warranty. Mr. Neumann says money has been set aside in escrow to cover the cost of uncompleted amenities. Neumann Homes is working with its lenders to get homes under construction completed, he says.

Troubled builder Levitt & Sons halted construction at its Seasons at Prince Creek West development in Murrells Inlet, S.C., a few months ago.

For homeowners, promised amenities can sometimes seem like pipe dreams. At Levitt & Son's Seasons at Prince Creek West in Murrells Inlet, S.C., a gated community for residents 55 and older, a 25,000-square-foot community center -- with tennis courts, indoor and outdoor pools, computer rooms, bocce court, an arts and crafts room and health club -- is only partly completed.

"We were told that if it wasn't protected [from the elements] within 30 days, whoever picked up the project might have to knock it down and start all over again," says Charles Brindley, a retired graphic artist, who closed on a $375,000, 2,124-square-foot home in the community in July.

Many builders, including Levitt, have also stopped paying their vendors. Those vendors, in turn, have placed liens on the homes of people living in the communities. Some Levitt homeowners have as many as 20 different liens on their home, according to an executive at one of Levitt's Georgia divisions. Such liens mean that the owner can't refinance, get a home-equity loan or sell the home. Other Levitt homebuyers can't close on their properties because the builder hasn't been able to sign a sworn statement that it has paid off all subcontractors and suppliers.

Paul Singerman, lead bankruptcy counsel to Levitt, says that since the filing, the builder "is already trying to ameliorate a number of legitimate concerns." Those include asking the court to allow it to resume home sales, returning deposits posted after Aug. 29 to certain customers and filing claims for the vendor liens so payments can be arranged.

In addition, Mr. Singerman adds, under the supervision of the bankruptcy court, Levitt will attempt to move ahead with a plan to either finish substantially completed homes or sell partially completed developments to another developer or investor. Levitt has about 30 developments, none of which are completely finished, Mr. Singerman says.

In some cases, homeowners and local governments have stepped in to pick up some of the pieces. After Kara Homes filed for bankruptcy, residents of Horizons at Birch Hill hired an attorney to represent them in the bankruptcy case and a maintenance man to fix common problems.

To keep the stalled project from turning into a health and safety hazard, the town of Old Bridge, N.J., pulled out 40-foot Dumpsters that had been left on the property, sent in police for regular patrols and fenced in a hole that had been dug for a swimming pool. "These people were left in one heck of a lurch," says Old Bridge Mayor Jim Phillips.

For some homeowners, the good news comes with the arrival of a new developer. Kara Homes' Horizons at Woodlake Greens development in Lakewood, N.J., was bought by Maplewood Home Builders in September. The new builder says it is now working to fulfill its promise to complete the clubhouse in time for Christmas and have the swimming pool ready by spring.

Since Maplewood took over, "the tempo here has been terrific," says Jim Lithgow, who bought a Kara home two years ago and is president of the homeowners' association. "It's a story of anguish and passion. But now we've turned the corner."

By Ruth Simon and Kemba J. Dunham
From The Wall Street Journal Online

Email your comments to rjeditor@dowjones.com.

Berni's Comments: Now. More than ever it's important to deal only with reputable home builders who can deliver what they promise. If you plan to build in Hampden County, call me. As an Accredited Buyer Representative (ABR), I will do all I can to assist you along with a preferred home builder to make your dream home -just that.

7 Materials For Creating The Perfect Kitchen Countertop

The kitchen countertop has to be able to take a lot of abuse including the heat of pots, cutting and knives and abrasive cleansers. The ideal countertop should be able to stand up to heat and the sharp edge of a knife.

Let us take a look at 7 of the most popular kitchen countertop materials being used today:

Granite
A natural stone, granite is a popular choice for it's classic beauty and durability. Granite is the hardest and densest of the natural stones. It can create a kitchen countertop that is extremely scratch resistant and can keep its luster longer than most materials. granite slabs are the most expensive of all kitchen countertop surfaces, although it is still considered a very practical material in that it is virtually indestructible.

Marble
Another natural stone, marble is considered to be the height of elegance and will last longer than most kitchens. It is however, is very expensive and requires some care: acidic foods such as orange juice will etch the finished surface of a marble kitchen countertop.

Slate
Because of it richness and beauty slate is usually used in interior applications such as kitchen countertops, bathroom sinks or fireplace surrounds. It can be used in either modern or traditional kitchens as well as in combination with marble. Slate is durable, strong, and can withstand hard use. It is less expensive than marble.

Concrete
This is one of the biggest trends in kitchen countertops today. It is a good look for clean, industrial and contemporary kitchen designs. Available in pre formed sections or poured and formed on-site. Concrete is a good material for unusually shaped counters. Concrete kitchen countertops are expensive, require a sealant and must be treated with care. The countertop can crack if the concrete should contract. Concrete can be stained any color. The most popular color is a natural gray tone. The top layer can be finished as desired.

Corian
A solid surface material that first became popular in the 1990's It is highly recommended by kitchen countertop experts. It is a totally manmade product and is not porous. As a solid surface it can easily be repaired if scratched or burned.

Stainless Steel
Advantages include very hygienic, easy to clean, has ability to stand up to exteme wear and heat. Stainless steel can provide a great look for an ultra modern kitchen. Some disadvantages with stainless is that it can be noisy and that scratches can develop.

Tile
Tile surfaces can be tough, hard-wearing, takes hot pans, heat and stain resistant as well as beautiful. There are many types of tiles including ceramic, porcelain, quarry, glass, natural stone and mosiac. Available in many colors, sizes and textures. It has good design flexibility. Tile can often be used for trim or backsplashes. The downside of tile is that the grouts can be easily stained. Also the tiles can become chipped or cracked.

Author Bio
James Mahoney is the owner of Kitchen Designers Idea.com. Learn about today's kitchen design ideas by visiting his site at Kitchen Designers Ideas.com. If you liked this article and would want to subscribe to his information packed newletter visit: Kitchen Designers Ideas.com

Berni's Comments: I want to add this as a part-two to the kitchen remodeling post. Reason: I really like Mr. Mahoney's website packed with useful information. I think it will fill you with lots of jazzy ideas for your new kitchen project!

To All My Dear Clients

Below is a copy of the color ad that appears in the House Hunter (Pioneer Valley's Showcase of Homes) for Nov. 15th-Dec. 17th, 2007.
♥ The price of the 16 Acres home has been reduced to : $219,900. and it is FABULOUS, great for someone with a home business too! The address is: 6 Vann Street, Springfield, MA 01119.
♥ The seller of the 2-Family in East Springfield is willing to help with closing costs for serious and solidly pre-approved buyers. This is a great deal for only $164,000. The address is : 48-50 Glenham Street, Springfield, MA 01104.
♥ The land in 16 Acres is at the end of Durant Street, Springfield, MA 01129 and borders conservation land for completely serene surroundings. Onlt $57,700.
♥ Where can you get a condo for under $35,000? It is located in a former luxury hotel and would be great for someone tired of home maintenance… or a commuter… or perhaps a business owner who wants to impress clients with the grand art deco style lobby… or a rental unit. It is located at: 140 Chestnut Street, Springfield 01103 on the 5th floor.
♥ Coming soon: Pine Point bungalow updated with large garage and on large lot (also with disabled accessibility, if desired). More listings to come …always check my website for updates:
♥ MY ABR LISTINGS are on my website. All price ranges: modest homes to luxury homes. If you're moving to the Greater Springfield Massachusetts area or the surrounding communities in Hampden or Hampshire counties, I will be happy to meet you at any one of our offices located in East Longmeadow, West Springfield or Wilbraham. Then we can discuss your home needs and begin a wonderful journey to your new home together.
♥ Need to sell (or buy) your home outside of my local area? I am qualified to assist and refer you to solidly, qualified and reputable realtors nationwide.



Yes…I know my hair will always undergo change! That’s why I’d rather the ads show that I clean up well. My everyday look is the “Berni working hard for you” look… Are you smiling yet? I hope so! If you have a family member, friend or associate that would be seriously interested in any of my listings or any others, please call me with their name, phone and any other contact information. I will follow up with them and will thank you for adding another touch of jazz to my business.

Ciao for Now,

Berni

How To Create A Designer Kitchen

How do you create an attention-grabbing, designer kitchen on a reasonable budget? How do builders and remodelers design kitchens that sizzle? They've figured out the secret to creating kitchens that sell. They hire a kitchen designer! So, if builders think kitchen design is a smart idea, do you think it might be worth the investment?

Today's remodeled kitchen can easily cost $25,000 - $50,000 or more. If you are going make a sizeable investment upgrading your kitchen, you may want to allocate a portion of your budget to kitchen design. Why? Because a good designer comes up with great ideas. You pay for a trained eye to see what you can't see. A good designer suggests design elements that won't blow the budget. They know which details are relatively inexpensive, but add significant "punch" to your project.

Once you've budgeted money for design (generally 3-5%), now what do you do? Well, before looking for a kitchen designer, start thinking about what want in your kitchen. A kitchen designer will ask you what you have in mind so they can narrow the focus of your design. Is there a specific appliance that you want to make the focal point of your kitchen? Do you like exotic wood cabinets? Or do you just want a kitchen where everything coordinates and flows together?

Before you contact a kitchen designer, you may also want to visit a kitchen appliance dealer. A designer vent hood or an oversized range can serve as a great focal point for your new kitchen. Then you may want to start looking in design magazines, a great source for design ideas. Find the kitchen or the design elements you like in a magazine and simply replicate those ideas that appeal to you. Finally, after you've gathered some general ideas of what you want in your kitchen, start looking for a kitchen designer.

Where do you find a good kitchen designer? And once you've settled on a designer and come up with a design, how do you know what your design will cost to build? How do you avoid designing a kitchen you can't afford? Wouldn't it be helpful if you had some guidance throughout the design process to determine construction costs?

That's where a "design-build" firm can help. Design-build remodelers offer both design and construction services. When working with a design-build contractor, the designer creates the beauty (the floor plan, the cabinet elevations, the finished material selections, etc.) and the contractor creates the estimate. There's no more guesswork. When you hire a design-build contractor you know exactly what the design will cost.

Today, there are number of professional remodelers offering design services. Some design-build remodelers provide in-house design services. Other contractors outsource design to kitchen-designer, business partners. The best design-build contractors couple top design talent with professional construction services.

So how do you create a designer kitchen? Since they appreciate the value of good design, you may want to start by looking for a good design-build contractor. Check their work, check their trade associations, look at their project pictures and talk to their designers. A reputable design-build remodeler can be a valuable partner for creating your new designer kitchen!

Author Bio

Stephen Haver is the owner of design-build firm Update Construction, serving Houston, TX since 1992.

Berni's Comments: After having major remodeling done to my kitchen (and yes, I LOVE IT), I thought that this informative article will provide some wonderful insight for those of you who are up to the task. It is definitely NOT an undertaking for the faint of heart, but having lived through major remodeling, I can honestly say that it was worth it. Added bonus: increased appraised value to my home. UNEXPECTED & BEST BONUS: EVERYONE now gathers here. Always....It is the joy of our home....and definitely very, very jazzy!

By the way, if any of my clients desire, I will email pics of my kitchen.

Flipping Real Estate: Calculating Costs

If you been in the real estate investing business, or more specifically been flipping real estate, for more than a few days, you've inevitably gotten an email that reads something like this:"Investor's Dream. This property will go QUICK.

· Property Address: 1234 Main Street
· Asking Price: $100,000 (Add or subtract zeros!)
· After Repair Value: $150,000
· Repairs: $15,000
· Profit: $35,000
· Details: Needs paint, carpet, tile, new kitchen, update bathroom, some roof damage.
· Tenant occupied. Need to evict!"

STOP! Before you read on... Take a guess at what you think the "real" profit's going to be on this real estate investment...

If you haven't ever gotten an email or fax broadcast like this, then rest assured, you will! I'm about to probably tick off all of the late night infomercials and pitchmen out there! Sure, I understand that when you've got 30 minutes (or 90 minutes, for that matter), that you've to sell what's sexy... not what's real!

Now it's my turn to expose the real deal on real estate investing! This goes for flipping real estate itself (i.e. properties) or simply flipping the contract (also known as assigning the contract). When you're flipping real estate, you need to be able to calculate the "real" bottom line and if your assigning the contract, you need to know your numbers so you don't get blacklisted from investors! This one piece of information will keep you from getting into trouble because of any "real estate bubble"!

Purchase Costs

Here goes... Have you EVER purchased and sold a piece of real estate for FREE? If you're not sure what the answer is... It's an emphatic NO... You are going to have costs to buy, costs to hold and costs to sell. This holds true even if you are buying a property for all cash. (Think title fees, attorney's fees, recording fees, etc.)

If you're not getting a mortgage, your purchase costs are obviously much lower, but nonetheless, there are costs associated with any real estate transaction. Plus, more than likely, if you're relatively new, you're probably not paying all cash for property anyways. You're probably going to be using a hard money investor for your initial real estate investing financing!

For a quick calculation, you can estimate anywhere between 3% - 5% for closing costs to just acquire the property. That's 3%-5% of the purchase price.

Holding Costs

How much is it going to cost you each and every day to own this piece of real estate? See, if you're making money in real estate, you'd better believe that there are a lot of other people that are going to expect to get paid and they get paid in the form of mortgage interest, property taxes, utilities, property insurance, etc. Each of these is an expense each and every day that you own the property. Here's an example... A hard money loan on a bread and butter type piece of real estate might run you 15%. Let's say you got the property for $100,000. Every month, you are paying $1250 in interest alone. Let's say that taxes and insurance are another $200/month and then utilities at $100. Right there, the property is costing you $1550/month - or roughly $50/day. See, why it's important to know your not only your holding costs on a real estate investment, but also how long it's going to be on the market before you can flip the property.

Selling Costs

Here's the third part of the real estate investing puzzle. When you want to turn around and sell this piece of real estate, it's going to cost you yet again. The real estate broker commission is usually 4-5-6% or sometimes more. Then, you can figure 1-2% in closing fees.

If you can remember this... and apply what you've just learned to each and every real estate deal that you do, you'll be safe flipping real estate in any market. You see, if it's a hot market, you can calculate less time for holding cost. But, in a slower market, make your offer based on 6 months or 9 months of holding costs. It's really simple math! And real estate really is a numbers game...

Author Bio

Heather Seitz, the co-creator of Fixing and Flipping software, takes the guesswork out of estimating repairs.

Berni’s Comment: I’ve been working with a few investors lately and thought this might be useful to those who are relatively new to investing.

Fixing and Flipping isn’t very jazzy, but if you get a great deal you’ll be singing some jazz all the way to the bank!