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The Arizona Real Estate Connection by Clients First Realty, LLC
William M Slaughter, PC
Designated Broker

Clients First Realty, LLC
9414 N 25th Ave., Ste 106
Phoenix,  AZ  85021
602.283.5466
866.375.3442 
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Articles and Advice

Want a fancier-looking room? Try wainscoting
By Paul Bianchina

One way to really dress up a room and try your hand at some different decorating techniques is to consider wainscoting. There are a number of ways to combine materials to create some very attractive wainscoting effects, and the cost doesn't need to be prohibitive.

Traditionally, wainscoting is tongue and groove boards or raised or flat paneling sections that are applied to the lower part of a wall. The wainscoting extends from the top of the baseboard up to a height of usually between 3 and 5 feet off the floor, and is topped off with a horizontal molding. In addition to its decorative appeal, wainscoting had the very practical advantage of protecting the lower portion of the wall from wear and tear.

Today, however, wainscoting has taken on a somewhat less specific definition. It can be just about any combination of materials, including paint, wood, wallpaper and even fabric.

A wainscoting application consists of three elements: the lower portion of the wall, the upper portion of the wall, and the dividing line between the two. How you mix and match those three elements is up to your individual taste and budget.

Splitting Up the Wall

One of the first things to decide for any wainscoting project is where the dividing line will be between the two different materials. For a room with an 8-foot-high ceiling, a division of approximately 3 feet on the lower half and 5 feet on the upper half tends to give the best balance. Many Craftsman-style homes used the reverse of that, with about 5 feet of paneling on the lower half, capped with a wider molding that was suitable for shallow storage. For best appearance, the dividing line should not be exactly half way up the wall.

To get a better idea of how different proportions will work, tape some newspaper or other material on the wall at a couple of different heights. This will give you a better representation of how the two halves will balance out, and you can adjust them accordingly.

Installing Traditional Wainscoting

To achieve the look of a board wainscoting, you can install individual narrow, tongue and groove boards; you can install wider boards that are milled on the face to look like two or three narrower boards, which simplifies installation; or you can install 4-foot-wide beaded paneling, which again replicates the look of individual boards but installs faster. With any of these methods, finish off the top of the boards with a horizontal molding such as a wainscot cap or a chair rail.

For a paneled look, there are kits available that include a routed base molding, a routed top molding, routed vertical strips, and the panels themselves. The pieces all interlock with one another, and as long as you take some time with the layout to ensure that the panels are balanced to the width of the wall, you can achieve a beautiful, traditional paneled wainscoting in a relatively short time. If you are an avid woodworker, there are specialized router bits that help you cut the individual pieces yourself and save some money.

With wood, you have the choice of painting or staining the material to get the look you want. For painting, the boards and paneling are available in medium-density fiberboard (MDF), which paints nicely and is less expensive than solid wood. For stained wainscoting, you can select from pine, fir, oak, cherry, maple and other woods.

Wood strips, paneling and moldings can all be found at most home centers and lumberyards, along with all the installation materials you need. Some larger stores also carry the paneling kits, or they can order them for you. You will also find a wide selection of wainscoting paneling kits online.

Other Wainscoting Materials

In addition to traditional wood, there are lots of other material combinations that will work very well together. You can experiment with different combinations of materials to achieve the exact look that works for your décor. In general, heavier materials such as wood and fabric look best on the lower half of the wall. Also, darker paint colors and darker, more heavily patterned wallpapers look best on the bottom.

Your wainscoting choice may be something as simple as two different colors of paint. You can also use a solid paint on one section of the wall, and some type of textured paint effect on the other section.

Another easy wainscoting can be achieved with two different wallpapers. Select a lighter paper with a more open pattern for the upper half of the wall, and a darker paper or one with a vertical stripe or heavy pattern for the bottom. You can also combine the two materials by using paint on one section of the wall and wallpaper on the other.

With any of these combinations, separate the two sections of wall with a painted or stained wood molding. To really accent the installation, finish everything off with a crown molding as well.
 
Homeowners, be careful signing divorce papers
By Benny Kass

DEAR BENNY: I am recently divorced. We had two houses. In the divorce, I got one and he got one. We both signed quitclaim deeds to each other. However, I needed to refinance mine to pay off the bills I accumulated just to get my house back into livable shape. (It was a rental while we were married.) Both houses have mortgage loans: Mine carries a rate of 6 percent and his is at 5.75 percent interest. Needless to say, there is no incentive for him to refinance that favorable loan rate.

My ex is not the healthiest man, and my name is still on his loan. I told my lawyer several times through the divorce process that I wanted it stated in the divorce agreement that we both have to refinance. It did not happen.

Even though a quitclaim was signed, what is my exposure if something happens to my ex, considering my name is still on the loan? –Becky


DEAR BECKY: Why did you sign the divorce papers when they did not require your ex to refinance so that your name will get off of that loan? You might want to explore whether your lawyer did not properly represent you -- although there may be legitimate reasons why that did not happen.

Should your ex die, his estate will most likely have to be probated. The most likely outcome will be either that the heirs to the property will assume the mortgage and keep the property, or will arrange to have it sold. Under either scenario, you are protected.

However, if your ex stops making the monthly mortgage payments, and goes into default, since your name is still on the loan, the lender has the right to either foreclose on the property -- which will be a blemish on your credit rating -- or sue you for the balance of the note. I assume that when you were married and borrowed the money, you signed a promissory note, which indicated that you were both -- jointly and severally -- obligated to repay the loan.

You should immediately contact the other lender and advise them that you no longer own the property. Make sure that you provide them with your current mailing address, so that any notices of default will go to you as well as to your ex. Should that happen, you should immediately retain a lawyer (a different one) who can take all appropriate steps to protect you, including filing suit against your ex.

You have a problem that at the present time can be resolved only if your husband refinances.

DEAR BENNY: I am a recently divorced woman. After many years of marriage in the same residence, I was decreed full ownership of the family home. However, I had to secure a substantial loan on the home to give to my ex-husband in order for him to move out. Because of my financial situation, I could not secure the loan without keeping him on the loan and on the deed. However, in the divorce settlement there is a quitclaim deed stating that I have five years to refinance the loan and get my ex-husband's name off the loan and off the house deed.

I will not quality for a loan myself. However, I have a son, a recent college graduate, who has an excellent job and salary, and who is living downstairs and helping to pay the mortgage.

Should I go ahead and record the quitclaim deed? My name has been changed. Would the mortgage company be alerted and would they then require the loan to be paid in full? Would I then be forced to sell sooner than the five years? Also, I know my ex-husband's name would still be on the loan. They may make me refinance with my name alone (I would not qualify), but maybe with my son's credit I could qualify, making him part owner with his name on the deed. Could you please clarify the most prudent steps for me to take to keep my home and free myself of the quitclaim deed? –Amy


DEAR AMY: I bunched your question with the one above, since the issues are similar. First, federal law does not permit the lender to call your loan just because you changed your name or add your son to title.

I suggest the following: Assuming that your son qualifies for a loan, have him buy half of the house. You then will both apply for a new loan, which if approved will pay off the existing loan, and your ex will be out of the picture.

DEAR BENNY: My husband and I own a rental property that is paid off. We have been talking about separating, and my husband has said that I can keep the house. How can I get his name off the house and put my name on, or should we just sell it? I would like to continue to rent the property for a while longer because my daughter lives in it. –Virda

DEAR VIRDA: I assume that your daughter is paying you rent. If you think that the property will continue to be a good investment, it's quite easy to have the property put exclusively into your name. Your husband just has to prepare a deed -- usually called a "quitclaim deed" -- conveying the property to you. In some states, it may be necessary for the two of you to convey back to you as sole owner.

If you are still married, then (depending on state law) you may not have to pay any recordation or transfer tax. The filing fee should be nominal.

But that's the easy part. You also have to explore the tax consequences of such a transfer. According to the tax code (section 1041 to be exact), when your husband transfers the house to you there is no taxable gain. Thus, your husband will not have to pay any capital gains tax. However, you should consult your tax advisors to determine if this will trigger any gift-tax consequences.

When the house is transferred to you, (unless your husband is a nonresident alien) your husband's tax basis becomes yours. What does this mean? Let's say you initially paid $100,000 for the house. Each of your bases for tax purposes was $50,000. Now, when you become the sole owner of the property, your tax basis will be the full $100,000 (plus any improvements that have been made to the property over the years).

So please explore all legal and tax implications before making the transfer.

DEAR BENNY: My question is about the two-year residence requirement for tax exemption when selling your main residence. We owned the bare land for years and built a home on it in 2006. We actually moved out of our rental and into the home on Nov. 6, 2006, and by Dec. 31 the home was 99 percent complete. However, the final approval wasn't signed off until March 2007 when the required pool cover was installed. When I read the law, it states "primary residence date," but would that be the date we actually moved in or from date of final sign off by the building department? –Carol

DEAR CAROL: Yours is an interesting question that will have lawyers and probably the IRS issuing dozens of opinions, many of which will be contradictory.

I don't know the answer. The law says that you have to have owned and lived in the house for two out of the five years before the property is sold. I would argue that the target date would be when you actually moved into the house, namely November 2006. But if you can hold off until March 2009 -- which will be two years after you received the final clear-off from the county -- that would be the safest course to take.

DEAR BENNY: I live in Florida and am executor of the will of a friend in New York City who owned a one-half interest in a condo in Ocean City, Md. She wanted to give that interest to my nephew upon her death. How do I go about transferring her interest to him? Do I need an attorney? –Ronald

DEAR RONALD: Even if you went through probate in New York, since the deceased owned property in Maryland, you will have to open up what is known as "ancillary" or "foreign" probate in Maryland. It's not too complex, although you may want to retain a local attorney in Ocean City to assist you.

Once the Maryland court probate proceeding has been established, you should have no problem issuing a personal representative (executor) deed to your nephew. To avoid any issues of conflict of interest, I assume that the will specifically states that the property interest is to go to your nephew.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column.
 
Curb appeal tips that pay off
By Dian Hymer

Imagine going on a job interview looking shabby, or trying to sell your car for a good price when it's filthy and loaded with stuff. In a competitive market, you wouldn't do well.

The same can be said about selling your home. If it looks neglected and in need of work, some buyers won't even take a look. This is particularly the case in today's market where, in many parts of the country, there are far more homeowners anxious to sell than there are buyers interested in buying.

In a business where emotions and pride of ownership play a big role, first impressions can have a lasting effect. Most buyers lack the ability to imagine what a house might look like with a different exterior paint color or a landscaped yard. When there is a lot of inventory on the market, you may have only one chance to catch a buyer's attention. Make sure it's not lost before he or she walks through the front door.

One of the first items on a home seller's agenda should be a critical evaluation of how the home and yard look from the street. It's a good idea to ask your real estate agent to help with this. Sellers often have strong emotional attachments to their homes and have difficulty seeing it objectively.

Your goal is to identify cost-effective changes you can make to your house and yard that will make it more appealing to buyers. This could be as simple as cleaning up the yard, adding colorful plants, mulching, power washing the entry walk, and washing dirt off the exterior of the house.

However, if the paint is peeling, shutters are deteriorating, the fence is leaning and the yard is a mess, you have a bigger project on your hands. You can sell a house in this condition. But, it will appeal to a limited number of buyers who are willing to tackle a fixer-upper in order to get a bargain price.

HOUSE HUNTING TIP: Your home will appeal to a larger audience and will sell more quickly and for a better price if you put the time and money into improving its curb appeal. Curb appeal refers to how your house appears from the street. Even if you're selling a fixer-upper, it's a good idea to do some cleanup so that buyers can perceive the potential.

You don't need to spend a fortune to get the work done. Your goal is to have good, not superb, work done at a reasonable price. It's wise to get bids from several contractors. For instance, exterior paint estimates can vary widely. Your real estate agent or neighbors ought to be able to provide references.

By the way, if you are going to paint the exterior of your house before selling, this could be a prime opportunity to improve curb appeal. Consult with a color expert to pick colors that are currently in fashion for the house, trim and front door.

One seller had the exterior of his house repainted before consulting with his agent or a color expert. It was painted the same drab color it had been for decades. Most of the buyers who seriously considered the house mentioned that they thought the house needed an exterior paint job because the color was so unappealing.

It usually doesn't make financial sense to completely re-landscape a front yard that is shot. Salvage what you can, bring in new plants to replace dead ones and roll out new sod, if necessary.

THE CLOSING: Mulch does wonders to freshen up a garden, particularly one that is sparsely planted.
 
GFCI electrical outlets are lifesavers
By Paul Bianchina

Q: What is a GFCI electrical outlet? Are outlets of this type required in all homes, and if so, where? --Allen D.

A: GFCI stands for ground-fault circuit interrupter. A GFCI outlet reacts much more quickly to the presence of an electrical short circuit than a standard circuit breaker does, so they provide additional protection against the possibility of injury should an appliance, tool or other electrical device malfunction.

The electrical codes throughout the country require the use of GFCI outlets adjacent to any sink in the kitchen, bathroom, laundry room or similar area; for garages and exterior outlets; and in certain other specific areas such around whirlpool bathtubs. You can check with your local building department for a complete list of GFCI requirements.

GFCI outlets are easily recognizable by the "test" and "reset" buttons located on the face of the outlet, and they should be regularly tested in order to confirm that they are operating correctly. To perform the test, simply plug a circuit tester into the outlet and press the outlet's test button -- the light on the tester should go out. Press reset, and the light will come back on. You can also plug in an electrical device such as a radio or a lamp and test the outlet that way, but a plug-in circuit tester -- available inexpensively at any home center or electrical supply retailer -- will also confirm that the outlet is properly wired and grounded.

Q: I live in an old house that was built in 1907. I want the garage to have a patio door to be able to see and go out to the backyard garden. I need to cut part of the foundation to do this. Is it OK to cut the foundation? Is this safe? --Midori C.

A: A foundation consists of two parts. The footing, which is wider than it is high, is the lowest part of the foundation and is intended to distribute and transfer the weight of the building evenly over the ground. On top of that is the stem wall, which is higher than it is wide and is used to raise the structure above the surrounding grade. In most cases it is OK to cut into the foundation stem walls in order to install a new door, provided that the footing is not cut. You would want to use a licensed concrete-cutting contractor to do the work, and he or she can determine if there are any other circumstances at your particular home that would prevent them from making the cut.

Q: Can all types of paint be tinted? Also, how much do they usually charge to add the tint? --Jim D.

A: Virtually all paints and primers can be tinted at your local paint store, although there are some types of paint that are pre-colored at the factory and can't be tinted. When you select a color from a paint chip, the store will begin with the appropriate white tint base, and add tinting colors as needed to get to the right color. If you want a primer tinted to go with that paint color, they will typically tint it to about half the shade of the finished color.

If you have a specific color that you want to match, any good paint store will custom blend the paint to match whatever sample you bring in. And while home centers are fine for mixing a paint to match one of the color chips for the product lines they sell, I have found that it takes the experience and keen eye of the people in a paint store to do very accurate paint and stain color matches.

As to cost, if you are buying the paint from that store there should be no charge for tinting. If you bring in your own paint and want to have it tinted, or if you have a particularly difficult color match, the store may charge you a small hourly fee.
 
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William M Slaughter, PC
REALTOR®
Designated Broker

Clients First Realty, LLC
9414 N 25th Ave., Ste 106
Phoenix,  AZ  85021
602.283.5466
866.375.3442 
Broker@ClientsFirstRealty.com
http://www.ClientsFirstRealty.com
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