Home Ownership

Not What You Paid For: Dealing with Subpar Contractor Work

You don’t expect subpar contractor work when you embark on a home project. Home repairs or remodeling projects can be expensive. You invest a significant amount in your home and should expect quality work from any contractor you hire. Unfortunately, sometimes the work is substandard, maybe incomplete, and you feel cheated. Here’s what you can do. ...

Different ways in which subpar contractor work occurs

Unfortunately, less-than-desirable outcomes can result from these situations....

Using poor-quality materials
Performing substandard work
Leaving a job unfinished
Not meeting building code requirements
Lagging significantly behind schedule
Executing a remodel design that’s different from what you agreed upon

What to do when you are dissatisfied with the work

The first step is to stay engaged in the building process as the project progresses. Staying observant of the work in progress helps you catch developing problems early, when they can more easily be corrected. When the job is nearly complete, corrections may involve a significant amount of tearing out and rebuilding....

Review your contract. Ensure the language is in your favor, aligning with what was agreed upon and what you received....

Next, ask the contractor to meet you at the job where you can show him your concerns. Address matters in a calm, businesslike manner. Ask him why you believe you have not received what was agreed upon, then allow him to explain. Discuss solutions, not accusations, and refrain from implying that the contractor has taken advantage of you. Give him the benefit of the doubt as much as possible, and let him step up and fix the job....

If the contractor disputes that the quality of the work is substandard, you could seek a third-party contractor willing to examine the work and give you an opinion. Offer to pay him for his time. Inform your contractor of the third-party contractor’s opinion. ...

Other considerations

Also, be aware that some issues could result from developments during the job that the contractor did not foresee. For example, when installing a set of cabinets in an older home, the contractor may find that, due to the house settling, the floor is not level or the walls and ceiling are no longer square, meaning he must “float” out these variations to make the cabinets level and square....

If you cannot work out the differences

If you and the contractor cannot resolve your differences, you must seek mediation from a third party....

The Better Business Bureau handles such disputes and can help facilitate a compromise agreement.
You can contact the state licensing agency for building contractors or inquire about their specialties, such as plumbing or electrical work.
If these methods don’t help, you can contact an attorney if the dollar amount exceeds the state-determined threshold for small claims court.
If the dollar amount is below the threshold for small claims court, you can take your case there to recover your money.

Related – Can You Trust Contractor Review Sites?...

Selling, Selling Your Home,

What to Repair Before You Sell Your House

It generally isn’t financially wise to undertake major renovations just to sell your house, but repairs are another story. Most buyers don’t want a “fixer-upper,” and you’ll sell faster if you’ve already undertaken the fixes. Yet your budget for preparing your house for sale probably isn’t unlimited. So what are the most important items to tend to? Here’s a checklist of what to repair before you sell your house....

Where to begin

Let’s face facts: If your house is in disrepair, it will make a bad first impression, and you will not get top dollar for the home. Even if you’re listing in a seller’s market, or your buyer doesn’t initially notice a problem, the home inspector and/or appraiser likely will. Their findings could keep your deal from closing. So the issues to address first are the ones that could stop your sale. A pre-sale inspection can help you identify those problem areas, which may include:...

The roof. If you’ve got leaks, missing shingles, and the like, repair them before you sell your house. Replace the roof if needed, as a would-be buyer won’t want to do it.
The heating and air conditioning system. Replace the system or needed components if they’re on their last legs. Otherwise, make sure your HVAC is clean, leak-free, and working well.
The electrical system. All aspects need to be brought up to code before you go on the market.
Plumbing. Fix leaking pipes and faucets and take care of clogged drains.
The foundation. Undertake whatever repairs are necessary to make sure yours is structurally sound. If there are cracks in your walls or seriously sloping floors, it’s advisable to consult with a foundation specialist to determine the nature of the problem and repair it.
Damaged areas. Whether it’s rotten wood on your fascia and soffit, broken tiles in the bathroom, or a door the dog has chewed, fix what’s been damaged. Your buyer won’t want to.
Things that are broken. Kitchen appliances, light switches, windowpanes, electric sockets, and the like must be in good working order.

Trust your agent

Your real estate agent can tell you what else to repair before you sell your house. She will be familiar with the state of repair of homes in your area and what buyers are willing to overlook and what they won’t. Here’s a list of additional areas that will likely need repairs....

Walls. Patch gouges, cracks and nail holes. Repaint walls that need it. Even if dark or brightly painted walls are in good shape, it’s best to repaint them a light, neutral color that will appeal to many buyers. Papered walls don’t appeal to many buyers, so remove wallpaper and paint those walls.
Floors. Buyers love hardwood floors, but not if they are scratched or damaged. Have them redone if they’re not in good condition. Replace torn or worn carpet.
Kitchens. You likely don’t need to remodel your kitchen completely, but your existing one should look its best. Touch up flaking paint on cabinets, and make sure doors and drawers open and close smoothly. Deep clean tile grout. Replace dated hardware as well as hinges and handles that are broken.
Bathrooms. Make sure bathroom plumbing fixtures work properly. Replace or resurface the tub if it’s peeling.
Water heater. Repair any leaks. Replace it if it’s near the end of its lifespan.
Doors and windows. Replace broken hardware or damaged weather stripping. Mend torn screens and broken windows.

Home Improvements, Ownership,

Tell the Truth or Stay Silent? Know the Risks of Posting Negative Contractor Reviews

Should you post negative contractor reviews after having a bad experience? Say you hire a plumber to tear out a kitchen sink and replace it with a new one, but he doesn’t do a good job. Then he disputes the need to fix his work. Can you post a negative review without fear of getting sued?...

The truth and nothing but the truth in negative contractor reviews

As with most oral and written communication, your greatest protection is the truth. Suppose you have a negative experience with a contractor, a retail store, or a restaurant. In that case, any post you make online must be factual and not make or insinuate defamatory claims that cannot be substantiated. Keep in mind that you must:...

Be factually accurate, to the best of your knowledge.
State your opinion based on those facts.

What you cannot do is:

Willfully misstate or omit essential facts
Imply or directly accuse someone of fraud, willful misconduct, or maliciousness
Give out personal information about the business owner, employees, or associates that could put them in jeopardy
Be obscene

You must be conscientious to give a fair description of the work you paid for, what you were told and expected, a factual description of what went wrong, and attempts to resolve it. Avoid name-calling, personally attacking the business owner or personnel, and accusing anyone of bad character. Stick to the facts; be crisp, businesslike, and brief. The more detail you add, the more likely you are to embellish and stray into liability with your words....

Your legal protections

Free speech laws provide much cover, as long as your communication is responsible....

The First Amendment grants you the freedom to publicly state your opinion within the responsibilities of libel and slander laws.
Anti-SLAPP laws protect consumers from frivolous lawsuits conducted by companies against customers who post negative reviews.
Section 230 law protects review-posting websites from lawsuits when a consumer posts a negative review.

The Consumer Review Fairness Act guards against companies burying small-print clauses in contracts that prohibit customers from posting negative reviews. If they do, the customer is liable for breach of contract....

Related – Can You Trust Contractor Review Sites?...

Home Improvements, Ownership,

When the Fix Makes It Worse: How To Handle Contractor Damage

Consider this scenario: During a home-improvement project, contractor damage occurs on your property. What recourse do you have?...

Possible bad scenarios

A contractor could damage your home while doing a job in several ways. In one instance, your contractor performs demolition work but fails to return to complete the job. It’s especially vexing if you’ve paid his required down payment. In a second scenario, the work is completed, but other aspects of your home are damaged, and the contractor may not accept responsibility for their mistakes. Documentation and communication are key to finding a resolution. ...

Documentation of contractor damage

Of course, it helps if, in forethought, you had taken pictures of the area to be remodeled or repaired before the contractor began work. Before-and-after photos can be essential to your case. Regardless of whether you have photos of the area before work began, be sure to take pictures of the damaged area from both close-up and distant perspectives to provide context.
Gather together the contract, descriptions of the work to be done, emails between you and the contractor, permits drawn, invoices, and checks paid.
Review your contract. Look for terms describing how damage or accidents on the job site are handled, as well as details about liability and indemnification, dispute resolution, and contract termination.
Write out a description of the expected work, your conversation with the contractor before the work began, and the terms of the agreed-upon work and the damage done.

Communication

Always start by calling the contractor and calmly explaining the situation; then follow up with an email that recaps the conversation. Curb any anger or frustration you may feel and maintain a professional demeanor at all times. Describe the expected work, the damage found, and when you found it. Send your photos. Request that the contractor inspect the damage by a specified date.
When the contractor arrives, show them the work and discuss the terms for them to repair and resolve the damage. Take notes during the meeting. Afterward, follow up with an email with a recap of your discussion.
The contractor may readily agree to resolve the issue. After all, he cannot afford to risk his reputation in today’s world of online reviews. However, if the contractor balks at taking responsibility or does not do enough, take the following steps.

Uncooperative contractor? How to file a claim on your homeowner’s insurance

Check your homeowner’s insurance policy to see what to do if a contractor fails to cooperate or offers an insufficient resolution. Many policies cover damage done to your home by poor contractor service. Call your agent and explain the situation. Review the terms required to file a claim. Provide your documentation to the claims adjuster....

If your insurance covers the claim, you are made whole. If the claim is denied or your policy does not cover contractor damage, your next step should be to consider legal action....

Taking legal action due to contractor damage

Before you take legal action, write and deliver (by certified mail) a demand letter explaining the details of your complaint from start to finish and your expected resolution. If the contractor does not comply, this letter serves as the final step before you take legal action....

If the contractor does not resolve the issue satisfactorily, contact an attorney specializing in construction law. Present your situation and all of your documentation. Your lawyer will evaluate your case’s merits and propose a satisfactory settlement. He will likely recommend mediation and arbitration before litigation, as these options are far less expensive than litigation. ...

Another alternative to contacting an attorney is to take the contractor to small claims court (if the dollar amount of damages is below the state law cap). Any costs above the small claims cap require an attorney and a case before a superior court. ...

Prevention is the best resolution

Many problems like these can be avoided by doing due diligence before hiring a contractor. Search “best contractors” for the type of work you want to be done. Get personal recommendations from family and friends. Read online reviews. When contacting possible choices, always ask if they are bonded and insured, and request copies of those documents....

Before you post a negative review

It will be tempting to post flaming online reviews of the contractor. Do not post any reviews until you have completed the process and can provide a finalized scenario with an official settlement. Do not use defamatory judgmental terms like “crook,” “incompetent,” or “fraud.” Do not write long, rambling reviews. State the facts concisely and describe the outcome without rhetorical flourish. Be professional....

Insurance, Money,

Accidents and Liability: When a Contractor Gets Hurt on Your Property

Your excitement over that new kitchen remodel turns to worry when a contractor gets hurt in your home. Besides concern over his injuries, could you be held legally responsible for his medical expenses and loss of income during his recovery?...

Who is at fault when a contractor gets hurt?

Responsibility depends on the conditions on the work site, who controls the work being done, and the insurance policies held by the contractor and you....

How are conditions at the work site?

You must provide a safe working environment for the laborers. Keep your home free of obstructing clutter, tripping hazards, wet floors, and unnecessary cables and hoses across pedestrian traffic ways. Keep family members—and anything else that could contribute to dangerous conditions—out of work areas. Inform the crew of possible hazards. For example, if a deck they are to work on has a failing structure, make them aware of it, lest it collapse and they get hurt....

If you fail in any of these responsibilities, you may be vulnerable under a legal concept known as premises liability if conditions under your control contributed to the accident....

Who is in charge of the work being done?

Some homeowners want to micromanage a construction project to ensure the job turns out as they envision. This may achieve the desired look, but it puts you at risk of liability if a worker is injured. Also, insisting on using materials or tools you provide creates the same risk. It’s better to let the workers do their job or hire an experienced general contractor to supervise the crew. In those cases, the liability is off your shoulders....

What role does insurance play when a contractor gets hurt?

Finally, you should only hire contractors who have liability insurance. Among other protections, this means that if one of the contractor’s crew members gets injured at your home, the contractor’s insurance pays for the worker’s medical bills—and possibly his lost income while recovering....

Otherwise, your homeowner’s liability insurance pays for this incident. Homeowners’ insurance will pay for the costs if there is negligence on your part, but it will not pay if you are found to have intentionally created a dangerous work environment....

Buying, Buying a Home,

Homesteading: It’s Not Strange to Want a Home on the Range

Homesteading is rapidly becoming popular in the US as people seek independence from traditional conveniences like grocery stores. Why is it growing in popularity, and what does it take to get started?...

Return to America’s roots

Bare grocery store shelves during COVID-19, paired with rising prices, prompted new interest in homesteading in recent years. Barely a century ago, growing vegetables and gathering eggs from backyard chickens were the norm, and grocery stores were just beginning to catch on. Homesteading is a return to our original traditions....

In addition to independence, homesteading rewards you with fresher vegetables, eggs, and fruit grown and harvested on your land....

How can homesteading meet your needs?

Homesteading teaches skills for supplying food, water, energy, cleaning products, and other necessities. Here are the essential areas of a homestead....

A vegetable garden is the nucleus of homesteading self-sufficiency. Learning to plan the layout, cultivate the soil, compost, grow starter plants, water, fertilize, and harvest are essential to the lifestyle. Food sustainability is the heart of homesteading.
Fruit trees can supply apples, oranges, peaches, lemons, and limes.
Water security is also essential to homesteading. Having a well is fundamental on small-acreage properties, as is harvesting rainwater into large storage tanks to irrigate gardens and filter it for drinking water.
Power generation from solar panels to emergency generators reduces dependence on the utility grid and keeps homes operating in power blackouts caused by severe weather.
Chickens, goats, and even dairy cows are other food sources on small- and large-acreage properties.
Beekeeping provides you with your own locally grown honey.

How big does your property need to be?

You don’t have to own a large land parcel to start a small homestead. You can grow vegetables in a planter on a condo balcony. Homeowners in a subdivision can grow fruit trees and tend a raised-bed vegetable-and-herb garden. Small-acreage properties can expand to chickens and maybe even goats....

Check neighborhood rules

Depending on the size and location of your property, you may have to check local zoning and HOA rules....

Homes inside city limits, especially in single-family residential subdivisions, will have zoning laws to consult regarding livestock. HOAs will almost certainly forbid chickens, goats, sheep, hogs, and possibly bees. ...

Livestock ownership is usually allowed once outside city limits and in more rural areas. ...

Resources for getting started with homesteading

There is a treasure trove of books, websites, and YouTube videos on homesteading. Each area, from gardens to fruit trees to chickens to beekeeping, is a deep-dive study in its own right. ...

Some books that can help you get started include Small Scale Homesteading, The Backyard Homestead, and anything by Joel Salatin....

Selling, Selling Your Home,

Turning the Page: 10 Reasons To Sell Your Home

Many situations motivate people to put their homes on the market, but the reasons to sell tend to fall into these 10 categories. Some home sales are for happy reasons, and some are not. ...

Positive and negative reasons to sell your home

Let’s start with the joyful considerations for home sales. ...

Marriage is a significant factor in buying or selling a home. Newlyweds may sell their current home to upgrade to a larger one or to be nearer their spouse’s workplace.
A new baby means a couple may sell to upsize for their growing family.
A job promotion means a couple can afford a bigger home, or they may be selling to relocate due to a job transfer.
A couple may sell their home to move closer to other family members, such as aging parents or adult siblings and their families.
Empty nesters may want to downsize to a smaller home where they can better manage maintenance.

On the downside, some home sales are prompted when sellers face distress....

Loss of a job forces some to sell and step down to a rental until their work situation improves.
Divorce forces some couples to sell.
A death may mean the family must sell the deceased’s home.
Financial distress may force people to sell and pay off debt using home equity.
Some homeowners may be intimidated by home maintenance. It may seem easier to sell than to replace an aging roof or HVAC system.

Your situation

As a seller, you are not obligated to disclose your reasons for selling unless it concerns any condition of the property that you are legally required to disclose or a lien situation that affects the property’s title. ...

As a buyer, you cannot pry into the seller’s situation. It is okay if he or she discloses it voluntarily, but do not press the seller or agent for personal information. The agent is bound by law to be discreet on such matters on behalf of his client....

Related – FAQs for First-Time Home Sellers...

Indoor Living, Ownership,

Closing Your Bedroom Door Could Save Your Life

One simple action — closing your bedroom door before going to bed at night — could save your life. A practice known in the fire safety field as “close before you doze,” that simple act gives you precious minutes to escape in a catastrophic house fire....

The facts about fire

Today’s building materials and furnishings are more combustible than in the past because they’re made of synthetics. Additionally, modern homes are bigger than in past generations. These factors have cut escape time during a fire from almost 20 minutes a generation ago to about three minutes. Simple steps can make a big difference in survival. ...

Preventing house fires

No one wants to contemplate the horror of a devastating fire. But with simple preplanning, much can be done to prevent that calamity....

Do not allow flammable material near sources of heat and flame. No kitchen towels and hot pads near the stove, nothing stored close to the water heater, nothing that can ignite next to the fireplace. Do not run electrical cords under carpet, and do not overload plugs into a power strip. Never operate a grill inside the home.
Purchase and place fire extinguishers around potential fire areas: the kitchen, garage and outdoor grill.
Each year, there was no working smoke detector in half of all residential fire deaths, so make sure yours are working. A high percentage of deaths occur in the overnight hours when people are sleeping, making working smoke detectors vital. Test detectors, both for fire and carbon monoxide, several times per year and keep the batteries fresh. Your alarms should be interconnected so that if one alerts, they all do. Replace alarms that are 10 or more years old.
Develop an emergency plan before a fire strikes. You and your family members should plan one or preferably two escape routes to the outside from every room of the house. Coordinate a meeting place for all family members outside. Carry out surprise fire drills to test each person’s readiness.

What to do when disaster strikes

Having your bedroom door closed makes a huge difference in the time you have to respond to a fire. If your alarms are interconnected, a fire elsewhere in the house will sound the alarm in your bedroom....

The temperature in a room with a closed-door can remain at 100 degrees, whereas with the door open it can soar quickly to 1,000 degrees. Smoke and carbon monoxide also skyrocket with an open door. Smoke tends to stay higher in rooms, which means there is less smoke to pass under a closed door. ...

Here are some additional steps to keep your family safe....

Place unrolling ladders in the windows of upstairs rooms to use if escape routes through the house are cut off.
If a pet or family member does not make it outside, do not go back in the house to rescue them. Alert firefighters and they will find the loved ones. They are trained and have the protective gear to do so.

Related – Watch Out for Dryer Fires!...

Home Improvements, Ownership,

Missing Tools or Missing Trust? What to Do If You Suspect Contractor Theft

Most home contractors are honest and hardworking, but sometimes you may experience contractor theft. Occasionally, as with any industry, some people aren’t on the up and up. ...

Common instances of contractor theft

Contractors may defraud their customers by requiring a substantial down payment to initiate the work, often requesting 100% upfront, and then failing to complete the job or only completing a token amount of it. The acceptable amount down that a contractor should require is between 10% and 25%. Many states have laws that set limits on contractor down payments.
A contractor may perform subpar work, use inferior materials that don’t last, or employ a combination of both.
The contractor may intentionally underquote the price or “find” unforeseen problems. He may agree on a price with you, but then, as the job gets underway, tell you it will be more expensive than anticipated—or he may suddenly discover problems that don’t exist.
A contractor may perform work without getting legally required permits. If the contractor skips the necessary permitting required by local ordinance, it can cause problems if the authorities ever discover it or if an inspector finds out when the home is later sold.
The contractor may provide you with false information about the materials, labor, or terms, which is considered fraudulent.

When personal property is stolen from your home

If you discover that personal property is missing after the contractor or his team has been in your home, you may suspect that one of the crew members has taken it....

What to do in case of contractor theft

In each of these cases, contact the contractor. First, make sure there has been no simple misunderstanding. After discussing the matter, contact an attorney who practices contract law to take action if you still believe there is some fraud at work, or if the contractor won’t talk to you or take steps to remedy the issue. ...

Present the facts of the project, the contract, and other paperwork—including check images, diagrams, and any other documentation—to the attorney so he can guide your actions. If you suspect criminal activity, the attorney can help you report it. If the amount is within the limits of small claims court in your state, you may pursue that route....

Prevention through due diligence

You can significantly minimize the risk of contractor theft by taking these due diligence steps before hiring....

Ask friends and family for referrals for the type of work you need to have done.
Read online reviews of contractors that look promising. Check them out on the Better Business Bureau and other review sites.
Choose three, then get competing bids and written estimates.
Both you and the contractor should sign the contract; at the end, you should sign a statement of completed work only if you are satisfied.
Do not pay more than 25% down.
Check that the contractor is bonded and insured. Bonding protects you if the contractor fails to live up to his work, and insurance protects you if he or a crew member gets hurt on the job at your property.

Buying, Financing a Home, Money, Mortgage,

Find Out If You Qualify for Government Help with a Mortgage

When searching out home-financing opportunities, it’s worthwhile to see if you qualify for government programs that offer attractive terms. The loans are usually administered through a private mortgage lender, but are insured by the federal government against loss due to borrower default. Here’s a quick primer on the possibilities....

Federal Housing Administration (FHA) loans. Approved FHA mortgage lenders provide money, set interest rates, and have attractive terms for owner-occupied properties. The FHA generally allows for a minimum 3.5 percent down payment with a credit score as low as 500 to qualify, but does require a mortgage insurance premium to be paid by the borrower. Maximum loan amounts are approved by regional offices of the U.S. Department of Housing and Urban Development. Properties must be appraised by FHA-approved professionals following minimum property requirements. No prepayment penalties are allowed, sales contracts must contain an escape clause if property does not appraise for the sales price, and loans can be assumed by a qualified buyer....

Department of Veterans Affairs (VA) loans. For veterans of the armed services, active members or surviving spouses, the VA loan program has excellent incentives for pursuing the dream of homeownership. Veterans or surviving spouses who have not remarried can borrow up to 103.3 percent of the purchase amount with no down payment. The extra 3.3 percent represents a financinging fee paid by the veteran that can be financed into the loan. There is no Private Mortgage Insurance (PMI) required since the VA insures against the lender’s loss if a borrower defaults. The property must be an owner-occupied, one-to-four-family residence. The VA requires two certificates: one for eligibility and another for reasonable value of the property. If a veteran refinances an existing VA loan with another VA loan, he or she can finance up to 100.5 percent with the extra .5 percent going to interest rate reduction. Qualified buyers can assume an existing VA loan....

U.S. Department of Agriculture (USDA) loans. This federal government program is backed by the USDA and is designed to make homeownership accessible to people living in rural areas. The address must be in the USDA’s eligible database. Applicants must have a reasonably good credit history and can finance up to 100 percent of the purchase with a fixed-rate loan. As with the FHA program, the USDA requires homeowners to pay mortgage insurance premiums. There are three programs: the Guaranteed Loan program, the Direct Loan program and the Rural Repair and Restoration program for very low-income families and individuals....

Maximum household income requirements, which vary by county, are enforced. The incomes of all household members are factored together. The home must be occupied by the owner....

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