Zillow, the popular real estate site, now has a complementary mortgage site. It is also complimentary (with an "i") because neither participating lenders nor borrowers pay for the service.

Prospective borrowers fill out a long questionnaire, similar to a mortgage application, except that the borrower's identity is not disclosed. The questionnaire is made available to all participating loan providers (LPs), who are defined as individual loan officers or brokers rather than firms. Any LP may submit price quotes along with information about themselves. Borrowers also have access to ratings other borrowers have given the LPs. The borrower's identity is revealed only when he contacts an LP, and only to that LP.

The anonymity of the process allowed me to kick the tires by submitting a loan request. I received quotes from six loan providers on my fictitious house purchase in Valley Forge, Pa.

This site has some features I really like. One is placing the initiative to select an LP in the borrower's hands. This is in sharp contrast to the modus operandi of lead-generation sites such as LendingTree or LowerMyBills, where three or four firms selected by the site pay for the right to contact the borrower.

Identifying LPs as individuals rather than firms is also a good idea. Realtors who refer home buyers to LPs have always used this approach because even the best firms may harbor incompetents or rogues.

Zillow has also done a good job in designing a uniform format that all LPs must use to quote prices. All quotes are comparable and are shown on one screen. Each quote shows the type of loan, interest rate, APR, total lender fees and monthly payment. The user can click on the quote of any one LP and get more detail, including critically important details about adjustable-rate mortgages.

Shopping anonymously should appeal to borrowers because it means that they can control the process, select who they want to deal with, and not be harassed by others. But anonymity comes at a price. No LP is going to invest any significant amount of time on anonymous borrowers, so they come up with a quick quote, include a prepackaged testimonial about how good they are and how much they would enjoy working with you, and leave it at that. They don't even bother keeping their quotes up to date.

For example, I signed on over the Memorial Day weekend. On Tuesday, I received quotes from six LPs. I didn't get to check until Thursday, however, and over those two days, market rates had jumped almost 0.25 percent. None of the six LPs had bothered to update their quotes. Maybe if rates had gone down instead of up, they would have, I don't know.

The major weakness of Zillow Mortgage from a borrower's perspective is that the price quotes don't necessarily mean anything, so using them as the basis for selecting an LP is hazardous. Further, Zillow is very unhelpful in indicating what the price quotes do and don't mean.

At best, a quoted price is the price the LP could deliver on the loan specified by the borrower, provided that a) the borrower can be approved for the loan, and b) given approval, the price can be locked immediately.

But the LP is guessing about approval. It is an educated guess, based on the information provided by the borrower, which is extensive. The LP can't confirm the information, however, and can't run it through an automated underwriting program because those programs require an identifiable borrower.

In a world where underwriting requirements have substantially tightened, this is a problem. It is not unique to Zillow, but I would expect Zillow to explain it to borrowers, and they don't.

The second assumption underlying a price quote is that the loan can be locked immediately, which of course it can't -- the borrower has to apply and be approved first. This means the LP can't be held to a quote, which creates a temptation to lowball the price in order to be the LP the borrower contacts.

Zillow does have some things to say to LPs about this issue. First, they warn LPs not to lowball because it will be reflected in poor ratings, which will hurt the LP in the long run. That's fine.

Unfortunately, Zillow also tell LPs "… we expect you to stand by your quote if the information provided by the borrower is accurate." That says that price quotes are locks, which is ridiculous. No LP can afford to lock a price quote in a volatile market with no commitment from the borrower. This is an impossible standard, and can only confuse borrowers.

Zillow should explain to borrowers the assumptions underlying price quotes, and impose a requirement on LPs that makes sense. I would have them quote prices for a minimum of three days, which would be highly educational for borrowers. Zillow can also suggest to borrowers that when they contact an LP, they ask the LP to keep quotes current until the price is locked.

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

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DEAR BENNY: I own a home that I bought approximately three years ago. I was going through my paperwork and realized that my initial appraisal was done on the house and indicated that it contained five acres. However, I bought only 2.5 acres. It appraised at exactly what I bought it for, so what does this mean? I have a loan based on a house that would not have appraised at the selling price when I bought it. --Sherina

DEAR SHERINA: I don't mean to be critical, but hopefully this will be a lesson for you. It is probably too late -- almost three years later -- to do anything about this.

You should have reviewed the appraisal before you took title to the property.

However, this may have created a problem with your local real estate taxing authority. They may list your property as having five acres, so I suggest that you obtain a new appraisal and then review your tax assessment with the government's assessor.

DEAR BENNY: After making a loan using your property as collateral, who is the owner -- the bank or the owner (person who obtained the loan from the bank)? What period of time belongs to the bank and what period belongs to the owner? --Lili

DEAR LILI: The short answer is that the person who obtained the loan remains the owner of the property.

Here's how it works: You own a house and get a loan from a bank. Although there are a "carload" of papers that you have to sign (many of which in my opinion are unnecessary), the three most important documents are (1) the HUD-1 settlement statement; (2) the promissory note; and (3) the deed of trust.

Let's quickly look at each document:

HUD-1: This is the settlement (escrow) statement, which spells out all costs involved in your real estate transaction. I recommend that you keep this document forever because it will assist you when you file your tax return, and if the IRS should investigate your tax situation.

Promissory Note: This is basically an "IOU." You promise to pay the lender XX number of dollars, and the terms and conditions of the loan are -- or should be -- carefully spelled out in this document.

Deed of Trust: This is the mortgage document. In some states, only a mortgage is used. The deed of trust conveys your property "in trust" to one or two trustees selected by your lender. This document is recorded among the land records in the county where your property is located. In some states the trustees hold "legal title" to the property (in trust) while in other states the trustees have only "equitable title." These are legal technicalities that should not concern you.

When you pay off the loan, the deed of trust must be released by filing a release document with your local recorder of deeds. Sometimes the lender does this, and sometimes they just send you the form for you to record.

However, if you do not make your mortgage payments and go into default, the trustees have the "power" to sell your property at a foreclosure sale.

Clearly, you never want to hear from your trustees until the loan is paid.

Different states have different procedures about foreclosure, so I can provide only a general overview of the property.

But rest assured, so long as you are current with your mortgage, you own the property.

DEAR BENNY: Last summer we hired a contractor for a complete renovation of our kitchen, and the job is now nearly complete. However, during the final phase the job supervisor became unresponsive and then disappeared. After a few weeks we discovered that his shop had its license pulled by the state board because their workman's compensation insurance and contractor's bond had expired (actually, just before work on our job began). As the contractor's staff are laying low and some of their employees, subcontractors and suppliers have not been paid, all appearances suggest that they are out of business for good.

Though we consider ourselves fortunate because the job was nearly finished, is there some action we can take to isolate ourselves from the financial mess sure to ensue? We paid all but a tiny fraction of the amount listed on the original contract, and spent more than that completing the job. Under the circumstances we would like to simply call it even and be done with it.

Would it suffice to send them a certified letter stating that -- though they failed to satisfy their obligations under the contract -- we are now prepared to consider the matter closed and that we have no financial obligations to the contractor, his employees, subcontractors or suppliers ?

If so, is there a standard form for such a letter? --J.S.

DEAR J.S.: I am unable to provide you specific legal advice, because contractor and mechanic's lien laws vary from state to state. I strongly recommend that you retain local counsel to advise you.

You are indeed fortunate that most of the work was completed before the contractor walked off the job. I have counseled too many clients who have paid considerably more to their contractors when very little work was done.

In some states, the unpaid subcontractors may still have the right to file mechanic's liens against your property. That's why your attorney should get involved immediately.

Furthermore, in some states, if a contractor is unlicensed, the homeowner has the right to a refund of all of the moneys that were paid to that contractor, regardless of the quality or the quantity of the work.

I also suspect that you signed what I call the "two-page-special" contract. That is a simple contract prepared by most home improvement contractors that merely spells out in general terms what work will be done and how much the job will cost.

In my opinion, any homeowner entering into a home improvement contract where the cost of the job is more than $5,000-$10,000 should use an American Institute of Architects (AIA) form. That spells out a number of consumer protections, such as how and when to terminate the contractor as well as when and how they are to be paid.

DEAR BENNY: I purchased a parcel of land for cash. A year later I applied for a construction loan to build a house. We just completed paying for the construction loan. The house and lot are fully paid for. Is the deed for the land sufficient or do we need to apply for a deed to include the house? --Joe

DEAR JOE: Good question. When you bought the land, you received a deed to that property. The fact that you built a house on the land does not change the situation. You own the land and the house that is built on it. You do not need another deed.

One suggestion, however: Make sure that the construction loan has been released from land records now that it has been paid in full.

DEAR BENNY: Our neighbors have an enormous digger pine that butts up against our shared fence. About 40 feet up, the tree leans over the property line covering part of our yard and the back of our house. An arborist deemed the tree healthy and determined it leans to reach sunshine as other tall trees in our same neighbors' yard block it. The tree drops a gazillion pine needles, sap and most nerve-wracking: heavy, spiky pinecones up to 10 inches long. The pinecones have damaged our rain gutters and landscaping. The sap has also damaged our landscaping and stains our patios due to the sheer amount of it. The base of the tree is pushing over the fence.

We have asked our neighbor to remove the tree (the city also requires a permit) and have offered to pay half, but he refuses, citing the cost. We cannot simply trim up on our side, as the arborist determined that would make the tree unstable due to the large size.

This tree poses a danger to our children and our property. It is also costs us money that goes beyond simply picking up a few leaves. Do we have any recourse? Can we force them to remove it? --Frustrated MT

DEAR FRUSTRATED: I cannot give you specific legal advice because "tree law" differs from state to state. However, since I represented a couple here in Washington, D.C., with a similar problem, here's my suggestion.

First, you (or better yet your attorney) should send a formal letter to the neighbors, explaining your frustration, demanding that they agree to share the cost of removing the tree. This is just to establish a track record.

Next, have your attorney consider filing a lawsuit against the neighbors, claiming that their tree is a private nuisance. This worked in my case. The next-door neighbors claimed that my clients' only remedy was to trim the overhanging branches and cut the roots. However, when we had an expert arborist testify that any such activity would kill the tree, and possible cause damage to property and injury to person, the judge determined that there was a private nuisance. The judge directed the neighbors either to remove the tree or cable it so that it would not fall down when my clients removed all parts of the tree from their side.

Litigation is never fun. It is time consuming, expensive and -- more importantly -- always uncertain. However, if you cannot get satisfaction from your neighbor -- or the city -- you may have no alternative but to file suit.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column. Questions for this column can be submitted to benny@inman.com.

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Dear Barry,

In one of your columns, a buyer was annoyed that her agent would not recommend a home inspector by name. I'm a Realtor, and our company has a policy against recommending any service providers, and that includes termite inspectors and home inspectors. We simply hand our clients the Yellow Pages and point out the section where inspectors are listed. Past experience has shown us that this is the safest way to do business.

If a home inspector that we recommend makes a mistake, we could be sued for making that referral. We'd like to provide the kind of personal service that includes a list of reliable contractors and inspectors, but our hands are tied by fears of litigation, much to our dismay and disappointment. How do you view this position? --Jennifer

Dear Jennifer,

Your fear of litigation is understandable and shared by many -- not just in the real estate profession, but by nearly everyone in business, including grocers, doctors, plumbers, engineers, teachers and musicians. Trial attorneys, for whatever reasons, good or bad, have removed from our society the trust that was once communicated by a promise and a handshake. Instead, we have pages of fine-print legalese that no ordinary person can understand. Yet none of these documents eliminates the likelihood of lawsuits: They merely provide talking points for that dreaded day in court. But there are still ways of operating in this defensive business environment, without abandoning the kind of personal service that we prefer to offer in good faith to our customers.

The phone book approach to home inspector selection may not provide the liability protection that Realtors seek. In fact, it may pose a higher level of exposure to tort liability. The problem with a Yellow Pages selection is that a buyer may randomly hire a home inspector who has very limited experience or someone who is not very thorough or qualified and who may fail to disclose significant property defects. If a buyer chooses a mediocre home inspector from the phone book and the agent fails to give warning to point out that there are better home inspectors, that agent could be vulnerable to a lawsuit, without having made a referral.

Fortunately, there is a safer middle ground between recommending a home inspector or supplying a phone book. Instead, you can provide a list of the most qualified home inspectors in the area and let your buyers choose an inspector from that list. In fact, you could ask a number of local home inspectors to each submit a one-page flier outlining their professional credentials and their levels of experience in the inspection business. A packet of these fliers could then be given to every home buyer. Buyers could select their own inspector, but their choice would be an educated one, based on information that would facilitate a more thorough inspection and, therefore, less liability. Run that idea up the flagpole at your next staff meeting and see if anyone salutes it.

To write to Barry Stone, please visit him on the Web at www.housedetective.com.

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Q: My daughter is buying a house from me with 25 percent down in cash. We can close anytime, and at age 28 she has excellent credit (above 700). Should she get a mortgage now or should we hold off a few months for a better interest rate as rates are now climbing again?

A: I don't think anyone knows where interest rates are going at the moment -- they could go up or down or stay even between now and the end of the year.

But it's true that mortgage interest rates have been on the rise lately, despite the Federal Reserve lowering the short-term federal funds rate. That, in conjunction with falling home values, is making some buyers nervous.

I hope mortgage interest rates don't climb much beyond where they are at the moment. If they go too much higher, first-time buyers like your daughter may have trouble qualifying for the home.

In your case, it sounds as though you have the luxury of time on your side. If I were you, I'd help your daughter find a quality lender and get preapproved for her mortgage. That way, when you're ready to close, the lender will be ready as well.

If your daughter decides to obtain financing now and rates go down to a level that would justify her refinancing the loan, she can do that at a later date. The interest rate your daughter gets on her loan today is still at a historically low level.

Rates may rise over the next couple of months and if she waits, she'll have lost the opportunity to get today's rates. But if she takes today's rates and over the next year or two rates decrease, she should have the ability to refinance the loan to that new lower rate. And, if rates decrease after she applies for the loan, many lenders will give her the ability to re-lock her loan rate once or twice before the deal closes.

Q: How has the residential market been in Albany, N.Y., over the last year or two? I have a three-unit investment property there and I'm trying to get an idea of how badly I will get hit if I try to sell, or if I will escape the worst of the housing slump. Do you know of any reports or studies that would be helpful as well?

A: It's difficult to know how any particular real estate market is doing. You can look at the Freddie Mac home-price index, which indicates that housing in New York fell just over 4 percent in value in the past year. Or, you can look at the S&P/Case-Shiller home-price indices, which are based on 20 top housing markets (not including Albany), and which indicate that home prices are down roughly 15 to 16 percent from their high.

None of these tell you what's going on in your neighborhood, however. And, when it comes to real estate, the old mantra of "local, local, local" remains valid. It's all about what's going on down the block and in your backyard.

If you're thinking about selling your investment property, you should invite three top neighborhood agents in to do a comparative marketing analysis of the property. A CMA (as they are often called) is an agent's calling card. He or she will walk through your property, go back to the office and pull up the comparable sales of similar properties in the neighborhood. Then, the agent will come back with a marketing plan and a suggested list price. You'll be able to see the research: what has sold in your neighborhood, when it sold, and for how much.

After reviewing the data, you can make a decision to sell or keep your rental property.

Q: My father and I are joint tenants with rights of survivorship on a two-family house. My father is 88 years old, and is not a well man. We went to a real estate lawyer and had the house put in my name.

If Dad goes into a nursing home, what is the lookback period for Medicaid? Would Medicaid be entitled to half of the equity in the property? Would I have to sell the house?

A: Under new federal rules, the Medicaid lookback period is five years from the date of transfer. In other words, if Medicaid has to pay for your father's stay in a nursing home because your dad is broke, the government could reverse any transfer of wealth from your father to anyone for the previous five years, if they suspect him of trying to hide assets or he transferred assets that could have been used to pay for Medicaid costs.

Would you have to sell the property? Maybe. It's also possible the government would put a lien against the property that would have to be satisfied when the property is sold or refinanced down the line.

For more details, talk to your real estate attorney or an estate attorney.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: Do you have an easy way to remove adhesive that was used to put down vinyl on top of concrete? I would like to stain the concrete instead of tiling. I don't mind the imperfections in concrete, but I do want a continuity look of imperfections. My biggest hurdle is that it's a great room and half of the room is vinyl and the other half is carpet. I will have to patch holes where the tack strip comes up. I don't want to paint just stain. Any suggestion would be greatly appreciated. --Jayne P.

A: Unfortunately, you can't use "remove adhesive" and "easy" in the same sentence. There's really no quick and simple way to deal with adhesive removal, but there are some methods that work better than others. My best suggestion is a scraper -- anything from a putty knife or drywall knife to one of the wider, razor-edge scrapers with replaceable blades that you can get from a retailer of flooring supplies. Hold the scraper at a low angle to the floor, push it into the adhesive, and have a rag handy to remove the old adhesive as soon as it builds up on the blade.

When you have removed the adhesive, you can clean up whatever residue is left using mineral spirits. Be sure to have adequate ventilation in the room, and follow all of the safety regulations on the can.

Staining concrete can be very attractive, but it's not the easiest thing to do. I would definitely talk with an experienced dealer of concrete supplies to find out exactly how to clean the concrete prior to staining, as well as the specifics of how to mix and apply the stain and any top coat you desire. Also, be aware that the stain will not hide imperfections, such as areas that have been patched.

Q: I installed engineered hardwood floors a few years ago and they dent and scrape very easily. I've heard you can sand them since they have a layer of real wood. Would you recommend sanding or some other methods of hiding the various dings, gouges and scratches? My current finish is very smooth and shiny; I find it hard to imagine sanding won't ruin the look. --Rob R.

A: Engineered hardwood flooring is tongue-and-groove strips with a base layer of plywood or other material that is topped by a layer of hardwood veneer. The pieces then have a finish applied, which ranges from certain oil combinations to polyurethane or other top coats.

For a hardwood floor that's become scratched and dinged, the only effective solution is refinishing. Other methods of camouflaging the damaged areas don't work very well, and are especially difficult over large areas. So with that in mind, I would recommend refinishing over repair.

However, the first thing you need to determine is whether or not your floor can be refinished. The construction, finish and overall quality of engineered hardwood can vary greatly. The better grades have a relatively thick layer of hardwood veneer that can stand up to one or more sandings and refinishings, while lower-quality material has a very thin veneer that can't be sanded without risking going all the way through to the base layer below.

As to the finish itself, you probably won't be able to exactly duplicate what's currently on the floor, since that's a factory-applied finish. However, there are several very good polyurethane finishes on the market that will give you the look you're after, and many are superior to the finish that came on the boards originally. I would suggest that you talk with an experienced, licensed hardwood-floor contactor to determine if your floor can be refinished, and what the best way would be to go about it.

Q: I have an electric water heater that's about six years old and tried to change out the anode after an online discussion with the vendor. However, I gave up because it won't budge with several wrenches. My understanding of an anode is to collect foreign minerals to extend the life of the heater. Is this correct? The current problem is air in the water system -- each and every time I open a faucet anywhere in the home (a double-wide manufactured home) air spits out. The hot water feeds seem to be the worst and that is why I thought about the anode. I've also drained the tank several times and this doesn't help. Any advice? --Phil S.

A: The anode is definitely there to collect minerals in order to keep the inside of the tank from corroding, so replacing it probably won't help in your situation. I would begin by contacting your water company. Explain the situation, and see if they have done anything with their system that might be introducing air into the water lines.

Next, I would try lowering the temperature of the water, which may be enough to solve the problem. This is simply a matter of shutting the power, removing the thermostat covers on the side of the water heater, and turning the adjustment dials inside. I would suggest trying 120 to 130 degrees and see if it helps. Make sure both thermostats are set the same.

Finally, you may need to install an expansion tank on top of the water heater. This is a small metal tank with an air bladder inside, which gives the hot water a place to go as it expands while being heated. This relieves pressure inside the tank, and may stop the air bubbles. Consult with a licensed plumber for installation.

Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com.

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Buyers aren't the only ones holding back in today's housing market. Many sellers are postponing putting their homes on the market because they are convinced that now is not a good time to sell. They would prefer to wait for a better market.

Waiting could be risky if you need to make a move within the next year or so. Most areas of the country are mired in a slow market where sellers are finding it difficult to sell, at least at a price they'd be willing to accept. There's no guarantee that if you wait to sell that the market will be any better than it is now, at least in the short term.

However, the market isn't slow everywhere. Some areas, like San Francisco, Palo Alto (Calif.) and parts of the East San Francisco Bay Area are still suffering from a lack of inventory. Or, lack of the right kind of inventory.

Recently, there were six offers on a hot new listing in Piedmont, Calif., a city adjacent to Oakland. Multiple offers are commonplace in Palo Alto and San Francisco. What these areas have in common are a coveted location and very low inventory of homes of sale.

Negative press about the real estate market is keeping sellers who could do quite well selling now from doing so. If you'd like to sell, but have been scared off by bad news, don't make a decision until you find out more about what kind of homes are selling in your local market.

HOUSE HUNTING TIP: Supply and demand set the pace of any real estate market. When there are more homes for sale than there are buyers willing to buy, it takes longer to sell and prices are often soft. When there is a shortage of homes for sale and plenty of buyers wanting to buy, good homes sell quickly and there is often an upward pressure on prices.

Even though the overall market might be soft, there can be pockets that are hot. The hot spots needn't necessarily be a specific location. They can be a certain type of house within a location.

For example, the Piedmont listing mentioned above took 13 days to sell. It would have sold more quickly except that the sellers decided to expose the property to the market before entertaining offers. The home was a good size and had broad-based appeal. It had eight rooms, a two-car attached garage, a level-out backyard, and it had been completely remodeled with high-end finishes. It was priced competitively.

Contrast this with another Piedmont listing that did not sell in the three months it was on the market. It was a smaller six-room house with no garage and without a level-out backyard. It had limited appeal in comparison to the listing that sold quickly. And, it was significantly overpriced for the market.

The current market is extremely price-sensitive. An Oakland, Calif., listing was on the market earlier in the year priced approximately $100,000 above what the market would bear. The listing was removed from the market and listed several months later at a realistic price. It sold then with three offers for over the asking price.

Selling in this market is not easy. But, sellers who understand the market can do well selling today. They must be realistic about what they need to do to prepare their home for sale. Property condition is more important to buyers today than it was several years ago.

Sellers also must be committed to the process. There is no margin for error when it comes to pricing.

THE CLOSING: If you can't bring yourself to price to sell, you're not a committed home seller.

Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.

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Passive solar design is nothing new -- vernacular builders have known its principles for millennia. From the Middle East to China, both rich and poor alike have traditionally used the sun's free energy for comfort.

Western architects, on the other hand, often seem to have considered themselves above designing with the sun in mind. American colonial houses, with their foursquare symmetrical facades, already hint at the New World's general unconcern for solar orientation. Perhaps this is because many of our forebears from England, Holland and other sun-challenged Northern European countries seldom found sunlight worth bothering about.

Ironically, it was modernist architects -- who claimed to put rational design above all else -- who set a low point in concern for solar orientation. Aside from Frank Lloyd Wright and a handful of others who were uncommonly attuned to nature, modernist architects seemed barely to acknowledge that the sun existed except as a means of casting dramatic shadows. In their determination to discard all vestiges of the architectural past, it seems, the modernists also discarded traditional building wisdom gleaned over millennia.

Hence, modernist icons such as Mies van der Rohe's famed Farnsworth House featured exterior walls entirely of glass, pointedly flouting millennia of common sense for the sake of aesthetic purity. In such houses, the unfortunate owners roasted in summer and in winter sent countless BTUs fruitlessly to their doom. This same sense of aloofness from nature produced modernist apartment buildings with whole facades of balconies facing north, all predictably dark and uninhabited except by stored bicycles.

As thousands of years of vernacular building are once again confirming to our newly green generation of architects, nothing is more necessary to a home's livability than careful solar orientation. For buildings designed from scratch, this demands an awareness of exactly where and when sun will enter during the course of the day, taking into account not only theoretical sun positions but also manmade barriers such as neighboring buildings.

Some rooms, such as breakfast rooms (and for the hard-to-rouse, bedrooms) should receive sun during the morning hours, and therefore require an easterly exposure. Rooms that are used throughout the day, such as living rooms and kitchens, are best given southerly exposures. Rooms with afternoon usage, such as dining rooms, should ideally face west. Rooms that are only briefly occupied, such as bathrooms, laundry rooms and garages should bring up the rear, receiving the least-desirable northern exposures.

Beyond these basics, it's important to acknowledge the seasonal changes in the sun's altitude as well as the significant variations in where it rises and sets. Overlook these fine points and you may find that a breakfast room that's awash with light on a June morning will be sunless in the depths of December, just when you need old Sol the most.

This isn't to say that every house should be ablaze with sunshine. In some climates, more sun is the last thing you want. Good solar orientation also demands an awareness of when and where you don't want direct sun. Always bear in mind that a house that gets too much sun can be easily fixed, while a house that gets too little often can't be.

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Q: I have a buyer for my house, but she has nothing to put down. Is there a way for me to hypothetically put the down payment for her? I'd increase the selling price by 10 percent and she could finance the rest. I would get my original sales price. Can I order myself a cashier's check for proof of deposit of the earnest money for her lender? That would show that she put down the 10 percent.

A: The short answer is you can't do it this way. The reason lenders want to see evidence of the down payment or earnest money for the purchase of a home is to see that the buyer has some investment in the home. In the past lenders would finance 100 percent of the purchase price. These days 100 percent financing is very hard to get.

What you are trying to do would amount to a fraud on the lender. You would try to deceive the lender into believing that your buyer had put down money that she had not. Then you would participate in the fraud when the buyer applied for a 90 percent mortgage on your home when in fact the mortgage amount would be for the full purchase price of the home.

You can assist a buyer in the purchase of a home. Some loan programs will allow a seller to contribute 3 percent or even 5 percent of closing costs that might be paid by a buyer. If the buyer can qualify for the loan, your closing-cost assistance may be enough. You and your buyers should sit down with a reputable and qualified lender to see if there are any options for you in allowing this buyer to buy your home.

Finally, even if you didn't have the problems with the lender relating to your increase in the purchase price and then claiming that the buyer had put down the earnest money, when the lender appraises the property, the property might not appraise. That is to say, if you were originally selling the property for $100,000 but inflated the price to $110,000 to "assist" your buyer, the appraiser might still come in and say that the property was worth only $100,000. If the buyer was financing 90 percent, the lender would loan the buyer only $90,000 to buy the home. You would end up in the same place you are in now.

Don't attempt to do anything that isn't aboveboard. Finally, you should know that the lender would have wanted to see the source of the earnest money and obtain a copy of the cancelled check. Your buyer would not have been able to prove that she had the 10 percent down payment or earnest money, and the check would have showed that it had come from your account.

If the buyer can't afford to buy your home or you can't figure out a loan program that can work for the buyer, you'll have to find another buyer.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: I am a landlord with one rental house. I have a problem with damage done to the landscaping by the tenants who recently moved out. The rental contract states, "The tenants agree to care for and adequately water the lawn, shrubbery and trees." I have always paid the water bill and there was no noticeable change in the monthly amount so I was very disappointed when I met them for their move-out inspection to find they let the trees, shrubbery and grass die. This damage will amount to hundreds, if not thousands, of dollars in repairs before I can rent out the house again. Can the security deposit be applied to the damage done to the yard?

A: Based on the language you included in the rental agreement, I believe you have grounds for making reasonable deductions against the tenant's security deposit as they clearly breached the terms by allowing the landscaping to die. Of course, determining what is proper maintenance for landscaping can be very subjective and you need to be fair in assessing the damage to the former tenants.

For example, if the grass can recover with watering it would be unreasonable to charge the tenant for resodding the entire yard. Hopefully you had pictures of the landscaping before the tenants moved in to establish the pre-move-in condition of the landscaping. Take pictures now to show that the damage occurred during the tenancy. This will be particularly helpful if the tenants go to small claims court to challenge your security deposit deductions.

Also, you should seek at least two or three bids for any replanting or other professional services. It is likely that getting these bids will take longer than the maximum time allowed to account for and refund any remaining balance of the tenant's security deposit, so you should also contact the tenant in writing to let them know of any other deductions and exactly what your concerns are about the damage to the landscaping. Once you receive the bids, select the lowest bid that will do the work properly and send the former tenant the final accounting indicating the remaining balance due or amount owed.

Q: I am a concerned parent who has a 22-year-old son attending college out of the area. At the beginning of last semester, without my knowledge or approval, my son decided to give notice and move out of his college dormitory. He has rented an apartment near campus on a 12-month lease with some other students. I recently met his roommates and was unimpressed and do not like the environment that he is now living in. I want to know how I can break the lease and get him to move back on campus? His grades are slipping and I believe that he might even be suicidal. Is this justification to break the lease and get a full refund of his security deposit?

A: It would appear that your son has signed a legally binding lease and you cannot unilaterally break the lease without a breach by the landlord. Clearly, if you have concerns about his personal safety then you should take action as his parent regardless of his lease obligation or any concern about his security deposit. One idea is that if your son is truly suffering from a medical condition, you could contact an appropriate health care provider and see if they feel that your son must relocate for medical reasons under the Americans with Disabilities Act.

As a property manager, it has been my experience that generally there is no legal basis to break a lease due to a change in personal circumstances (bad grades, or incompatible or questionable roommates). The fact that your adult son did not get your permission is not grounds to argue that the landlord should break the lease. The landlord has every right to expect that your son will honor the provisions of the lease for the entire term. But, assuming your son agrees with your conclusion that he should move, your son should contact the landlord to discuss possible terms under which they would voluntarily release him from his legal obligation. He can also seek to find a replacement tenant to fulfill the balance of the lease as long as the landlord will approve the replacement roommate.

If your son is the only one vacating the rental unit, then the landlord would properly require that the security deposit remain in place as long as the other roommates have possession of the property. Then your son would have to make arrangements to handle any issues with the deposit internally with the new roommate or the remaining roommates.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of "Property Management for Dummies" and co-author of "Real Estate Investing for Dummies."

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

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Q: My parents (now in their 80s) own a small apartment building with my brother and his wife. Title is held as joint tenants with right of survivorship. When the property was initially purchased, they agreed that this would be a 50/50 partnership. Both couples also agreed that if they died, their respective 50 percent share would go to their respective estate and not to the remaining partners. I have two questions:

Shouldn't they have the title redrawn as tenants in common so as to accomplish what they initially intended?

If my brother and his wife refuse to go along with changing the title to the property to tenants in common, can my parents proceed to change it without their partners' consent? My brother has made it very clear that they want their 50 percent share to go to their kids in the case of their death, but they may be banking on acquiring 100 percent of property upon my parents' death (because of their advanced age) if title stays the way it is.

A: What ever happened to "brotherly love"? Have you discussed the matter with your parents and with your brother and his wife? Perhaps your parents have changed their mind and want the entire property to go to your brother on their death.

First, let's analyze the impact of the title situation. The four owners hold title as joint tenants with rights of survivorship. That means that on the death of any one owner, his or her share will automatically -- by operation of law -- vest in the remaining three. And as other owners die, title will continue to pass to those who are still alive.

Probate will not be required. Furthermore, even if your parents each have a last will and testament giving you their interest in the property on their death, that will is ineffective. The deed will control how their interests will be distributed. While you can try to make a strong argument that this was not their intention, the law will not support your position.

To accomplish what you claim was the original intention, title should have been held as follows: "Husband and Wife, as tenants by the entirety as to a one-half interest, and as tenants in common with Son and Daughter-in-law as tenants by the entirety as to the remaining one-half interest." (Note: If you live in a community property law state, consult your own attorney for specific advice.)

What does this accomplish? If the husband dies first, his wife would own one-half of the property. This is because husband and wife originally owned their half as "tenants by the entirety" (T/E), which has the same effect as holding title as "joint tenants with right of survivorship." The major difference is that T/E is reserved exclusively for husbands and wives. Unlike a joint tenancy, which can be unilaterally broken, the T/E can be divided only by agreement between the parties, death or divorce.

Then when your mother dies, because she now owns the property as "tenants in common" with your brother and his wife, her half would have to be probated. Assuming that there are no major financial obligations to creditors -- such as credit-card debt, other mortgage obligations, or judgments against your mother -- half of the house would be given as instructed by her will.

So the answer to your first question is yes; if your parents want their half to be distributed by their will -- and not by operation of law to your brother and sister-in-law -- they should arrange to have the title changed as described above.

If there is no will, the probate judge will look to the laws in the state where your parents died (called "intestacy laws"), which spell out how the property is to be distributed.

But, while I certainly appreciate your concern, this is not your decision to make. You can give advice to your parents, but you cannot force them to make the change. For all you know, they have decided that your brother needs the money from the house more than you and want to make sure that he will own the property on their death. Also, your parents may have provided other benefits for you in their will.

As for your second question, yes, a joint tenant can unilaterally change the title into a tenant-in-common arrangement. But once again, that's a decision only your parents can make.

It's probably too late for your parents, but there is a strong lesson to be learned. Whenever you enter into any real estate "partnership" with anyone -- even it be a friend or a relative -- make sure that you have a written agreement spelling out all of the terms and conditions regarding ownership and maintenance of the property. Specifically:

• Who will make the monthly payments for the mortgage, taxes and insurance?

• What happens if one party is unable (or unwilling) to contribute financially?

• If one party wants out of the transaction, how is this to be handled? Will the other party have a "right of first refusal" or will the property be listed for sale?

• If one party dies, what will happen to the property?

These are a few of the basic questions that must be incorporated into a written agreement, to be signed before settlement takes place.

It is always better to discuss these matters while you are friendly and talking to each other rather than try to resolve issues at a later date when anger and frustration -- and often lawyers -- are present.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column. Questions for this column can be submitted to benny@inman.com.

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Q: My wife and I received a three-day "Notice to cure or quit" from our property manager. The manager claims my child was throwing thrash and making excessive noise inside the apartment complex. When we asked for proof, they said that they did not have any. In fact, we found out that there were several other children playing with our child on the alleged date, and their parents did not receive notices. I smell discrimination! --Robert

A: Your family may have experienced unequal treatment, but that's not necessarily the same as illegal discrimination. Here's the basics: Landlords may not single out people and treat them differently because of a protected characteristic (race, color, religion, national origin, families with children, pregnancy, disability, and sex). For example, landlords may not reject prospects because of their race or terminate the leases of certain tenants because of their religion. Nor should a landlord choose to "write up" a black child and not a white child, for the same rule-breaking behavior. But you haven't told me anything to indicate that your family was singled out on the basis of your race, religion or any other protected characteristic. Unless you can place yourself within a legally protected class and argue that management chose to send the 'cure or quit' notice to you because of your status, you don't have a discrimination beef.

If you're not dealing with illegal discrimination, give some thought to what may be going on here. Perhaps your child is perceived as the ring leader, and management wants to remove him to quiet things down. Or, maybe they want to get rid of you for other reasons, and are seizing on this opportunity to send a notice. As unpleasant as some of these possibilities may be, you cannot deal with the situation until you've considered them and honestly evaluated them.

It would be a good idea to ask for a meeting with management, hosted by a local mediator (many cities provide landlord-tenant mediation at no cost -- contact your city attorney for information). At the meeting, where the mediator will elicit both sides' versions but won't hand down any decisions, you may get to the bottom of why you, and not the others, received a notice. If you're seriously interested in maintaining good relations with management, you'll need to spend a little time working on it. And in the meantime, speak with your child -- noticeably absent from your question was a denial that the kids were out of line. If they were causing an unreasonable ruckus, that has to stop.

Q: My ex-tenants owe me rent but have moved to another state. Can I sue them for nonpayment of rent? What happens if they leave the country? --Kerri

A: Suing tenants who are no longer in your state is legally possible, but it may be difficult to accomplish. Let's assume you'd use small claims court, because of the relatively small amount of money involved, and because it's faster and cheaper to handle the case yourself (in fact, if you're suing over a few thousand dollars, it will cost you that much or more to hire an attorney). To get your case before a judge, you'll need to give the tenants the court papers that announce your lawsuit and tell them how to respond (this is called "serving" the defendants). But here's where you encounter a problem: In regular trial courts, you can serve the other side wherever your process server finds them, even out of state (there's a special process for serving defendants in another country, too). But in small claims court, unless the defendant injured you in a car accident in your state or owns property in your state, you have to serve the defendant within the boundaries of your state.

Because you probably don't know whether the tenants still visit your state, let alone how to find them if they do, suing them in your home state in small claims court isn't going to work. The next option is to sue them in the state where they now live. Depending on the geography, this might be doable. Some states allow you to initiate a small claims court lawsuit -- and serve the court papers -- by mail, though you will have to show up for trial. Needless to say, suing someone who has moved out of the country isn't an option for you.

Landlords who find themselves burned by "skips" have found various ways to respond, from turning the debt over to a collection service to using online "bad tenant" Web sites to blacklist the tenant. Collection agencies have a blunt way of getting some debtors to pay attention -- they threaten to report the debt to a credit reporting agency, which may then place the debt on the debtor's credit report. Often, this threat is enough to get the debtor to pay up, or at least pay a portion. The collection agency will take some of what it recovers as a fee, however, so you may end up with only a small percentage of what you're owed. If you're interested in using a collection agency, tell them how far you're willing to compromise.

Q: My sister is in a long-term (six years) rental situation. She had a one-year lease, then went month to month. All has been rosy with her out-of-state landlord until this year. He's announced that he needed to sell the house immediately in order to satisfy an IRS debt.

My sister is on housing assistance, so her options for moving are very limited. The agency assists with the rent, but does not help with security deposits. In order to move, my sister needs a refund of her security deposit from her current place. Unfortunately, the landlord made it clear that he expects her to stay (and continue delivering the rent) until he sells, and he has refused to refund her deposit until then. This sticks her there, unable to secure a new home, until he sells, at which time she may have as little as 15 days to get out. My sister always pays on time and keeps a spotless house, so I can't imagine that the landlord will even need the deposit.

My sister has now been advised to file a lien against the house in order to recover her deposit so she can begin looking for a new home. She hopes that the threat will bring about action, but I'm not so sure. I don't believe she can afford an attorney, and I'm not sure how well this approach would work. --Krista T.

A: Your sister's landlord is entitled to keep the deposit until she moves out, though he must return it (in most states) within a specified or at least a reasonable period of time, minus deductions for only unpaid rent and damage beyond normal wear and tear. Your sister isn't alone in being squeezed at moving time, needing to come up with a deposit on a new home before the deposit from the old has been returned. With rents as high as they are these days, a tenant can easily have a few thousand tied up in the old deposit and need several thousand more for the first month's rent plus the new deposit (which in some states can be twice the monthly rent). Her options are limited, and her best course might be to appeal to family or friends for a very short-term loan. If the place really is in great shape, she should be able to pay off the loan as soon as the full deposit is returned to her.

Your sister definitely should not file a lien against the property in an effort to pressure the owner to return her deposit early. A lien is a legitimate device when used properly, by someone to whom the property owner owes money. For example, contractors or subcontractors who have performed work on a property but have not been paid are entitled to a lien, as is the IRS if the property owner owes back taxes. If the matter isn't resolved, the lienholder can force a sale of the property to satisfy the unpaid debt. Because liens stay with the property no matter who owns it, the presence of a lien on a property's title report is a "cloud" on the title, and it will diminish the value of the property and certainly discourage many would-be buyers. A seller will normally clear up any liens before placing a piece of property on the market.

If she files a lien, your sister will be doing so fraudulently, because she has no claim of an unpaid debt. The owner will get it removed, but that's not the end of the story. Abusing the legal process will expose your sister to a lawsuit from the owner for intentionally interfering with his business opportunities. Needless to say, she doesn't need this trouble. She'd be better served to begin looking for alternate housing now, giving the legally required notice once she finds a place, and lining up her supporters for help with the new deposit.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at janet@inman.com.

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Q: I am in Chapter 7 bankruptcy and will receive my discharge at the end of July. I'm losing my house and car in the bankruptcy. What will be the best way for me to finance a used car with a bankruptcy on my credit? I will be moving into an apartment.

A: I'm sorry that you've had such severe financial troubles. I hope that your bankruptcy will allow you to have a fresh start. But, it won't happen immediately. It will take years for your credit history to normalize and your credit score to rise.

In the meantime, you may have a lot of trouble financing a car right now. You can shop around, but a lot of what you'll find will depend on how low your credit score is. Your credit score will determine how high an interest rate you'll pay on your car loan.

Start by pulling a copy of your credit history and score at AnnualCreditReport.com. (The credit history will be free, but you'll have to pay $7 for a credit score.) Then, start shopping around with lenders.

If you can't get a conventional lender to loan you money to buy a used car, consider a P2P lender. P2P stands for person-to-person lending, and it is a growing category of financing, primarily Internet-based.

With a P2P lender, you provide your credit history and score and ask for the amount you need to borrow. Investors (who by and large are ordinary folks like you and me) will decide how much of a risk you pose and tell you how much money they'll loan you and for what interest rate.

A more personal way to do this is to see if you can get a family member to lend you the cash you need to buy your car. You can write up a formal agreement or go to a site like Virgin Money, which will formalize the loan, create a repayment schedule, and arrange for cash to be automatically withdrawn from your account each month.

It's possible that you won't even qualify for a car loan right now, so be sure to figure out a backup plan. Keep this in mind as you're going through the process, and try to develop a backup plan.

Q: If I were to get a VA loan to buy my girlfriend's home could she sell it to me for less than the appraised value of the home? And if so, would her income be considered part of my total income on the VA loan?

A: According to the Department of Veterans Affairs, which backs VA loans, there is nothing in the rules that prohibits a seller from selling a home for less than the VA-determined value of the property.

As far as using a girlfriend's income to help qualify for the loan, it is possible to do this, according to a VA spokesperson. "When a veteran obtains a loan with a person who is not his or her spouse, the VA is only authorized to guarantee the veteran's portion of the loan. This sometimes creates a problem for the lender."

It doesn't sound as though your girlfriend is selling you her house. It sounds like she is selling you half of the house, but you are hoping to qualify for the purchase with her. If you buy half of the house from her, and then you refinance the entire purchase, will there be enough money to pay off her old loans on the home?

There are other considerations as well. In some states, your "purchase" of your share of the home will cause you to pay transfer taxes and other costs. Your girlfriend, in some circumstances, may be considered to have sold part of the home to you for federal income tax purposes. If she has a gain from the sale of that share and she has not lived in the home for two of the last five years, she might have to pay capital gains taxes on the sale to you.

There may be other issues for you to consider and you need to sit down with a good mortgage person to go through them. You may also want to talk to a real estate attorney or estate planner to review your options in moving forward. Since you are not married, you might want an agreement between the two of you to cover the many issues that may arise if you break up -- division of the equity in the home; who would get to keep the home; and forcing the person who stays in the home to refinance to pay off the old debt.

Q: I have a legal question I was hoping you could answer. Let's say I have a Web site where tenants can browse around and find rentals. It's free for prospective tenants to use. However, to post a rental on the Web site, the landlord must pay $19.99 a month.

Keep in mind I have no real connection to the landlord, and I do not personally take the tenant to the landlord's rental or work with the tenants at all. In a nutshell, the landlords pay me to post their rental(s) on my Web site for tenants to browse and get an idea as to where they want to rent.

My question is: Is it legal to receive a commission from the landlord (i.e. the $19.99 per month) for having his or her vacant rental listed on my site even if I don't have a real estate license?

In other words, do you need a real estate salesperson's license to receive compensation in this scenario?

A: I'm not an attorney, but it seems to me that you're an information publisher, not a participant in the real estate transaction. The investor is buying an ad on your Web site. You get paid whether the unit is rented or not.

It appears from your description as though your business isn't all that different from craigslist or a newspaper's online classified advertising section, where real estate agents are charged a flat fee to put their real estate listings on that Web site.

Please talk to an intellectual property attorney for further clarification, and good luck with your venture.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: My best friend and I have been like sisters since we were 10 years old. We happen to both be house hunting in the same area at the same time -- me with my husband, and she with her new-ish (but serious) live-in boyfriend. We stumbled across this super-cute duplex with mirror-image units. It wasn't exactly what either couple was looking for, but the units would work well for both of our households, and we are each qualified for more than half of the price of the building. She and I trust each other implicitly, but the men in the group are wary of all four of us sharing a mortgage. What happens if someone fails to make their half of the mortgage payment?

Mindset Management

There are lots of lifestyle and relationship considerations to take into account when considering a transaction like you describe -- buying a place with your friends. This is a good point in time for you both to reflect on what your goals for home buying were in the first place and determine whether a shared ownership arrangement will further or hinder those aims. For example, many first-time home buyers look forward to the autonomy of ownership, such as being able to paint your house whatever color you want, playing your music however loud you want, and landscaping your home to suit your whims -- all things that you won't be able to do so freely if you buy a building jointly with your friend. Of course, many owners of condos and homes in planned developments give up such freedoms for the benefits of varying degrees of communal ownership and living arrangements -- just do a check-in to be sure that you're not compromising your vision of home ownership without making a conscious decision to do so.

Need-to-Knows

1. Legal Ownership. In most states, the ideal legal ownership vehicle for your sort of transaction is called tenancy-in-common, or TIC for short. In a TIC, owners have the freedom to custom craft the details of the shared ownership arrangement to their precise desires; owners can own the property in any combination of percentages of ownership, and can negotiate their own rights and obligations vis-à-vis the property and each other.

In your situation, it sounds like the two couples would own the property 50/50. However, there are still lots of things to negotiate in terms of how common bills will be apportioned and paid; how the property will be maintained and repaired; rules and regulations for daily living (e.g., music, pets, noise-making activities, elective remodeling), etc. More importantly, you'll need to specify the particular areas of the property to be exclusively used by each couple, the particular areas that will be shared, and any guidelines or restrictions on selling a unit.

All of the arrangements you negotiate must be reduced to writing, in a document called a TIC agreement -- I beg you to hire an attorney to help you, your BFF and your respective sweethearts negotiate and document this agreement. A good TIC agreement may cost you a couple thousand dollars, but it may help you (a) know before you even close escrow whether the relationship can withstand the deal, and (b) avoid issues later by resolving them before they truly become "issues."

2. Mortgage. The TIC form of legal ownership allows you two mortgage options. First, you, your husband, your friend and her boyfriend can simply all apply for and share a single, regular old mortgage. You would all agree to joint and several liability -- that just means that if the mortgage is ever not paid, each of you individually would be held responsible by the mortgage lender. For your purposes, that means that if your best friend and her husband ever failed to pay their half, you and your husband's credit would be impacted, and your share of ownership in the home would be threatened -- if the lender forecloses, it will foreclose on the entire property, even if you have paid your share.

The second mortgage option is a fractional ownership loan, also known as a TIC loan. Each couple would qualify for and commit to a mortgage separate from the other couple, and each mortgage would be secured only by that couple's share of ownership in the property. So, if you defaulted on your mortgage and the bank foreclosed on your share (Heaven forbid), your friend and her boyfriend would keep their share, so long as they kept their separate mortgage current.

I wish it were as simple as just taking a fractional loan. But fractional loans also have major pros and cons -- some of which may be deal-breakers for one or more of the parties involved:

• Rates and Terms. There are currently only about five banks in the country doing fractional loans -- all of them located in or around San Francisco, but they will lend on properties nationwide. However, the lack of competition allows these banks to all charge significantly higher than market-rate interest for the major perk of fractional liability -- currently almost a full point higher than a regular joint-and-several-liability loan. Also, most fractional loans have severe prepayment penalties, tempered only by the fact that they typically are assumable by a buyer with strong credit and down payment.

• Qualification Requirements. The TIC loans have much stricter qualifying guidelines than "regular" loans. All of them require a minimum 10 percent down payment, FICO scores near 700 (when a 600 can get you a regular loan), and very low debt-to-income ratios, meaning you can't have much credit card, car loan or other debt and qualify.

• Resale Impact. Keep in mind that the tougher qualifying requirements of a fractional loan will cut down the numbers of potential buyers who can make the cut when you go to sell your unit -- making it tougher to sell. On the current loan market, where there isn't much zero-down financing, there won't be that much of a difference between the loans available on the regular market and your fractional loan, but in times when mortgage money flows more freely, many buyers will walk past a place with a 10 percent down-payment requirement when they can easily buy another place with no money down. On the flip side, some TIC owners essentially use this 10 percent down-payment requirement as a guarantee that anyone who buys a unit will have some minimal level of financial stability.

Action Plan

• Get educated about TICs. The best Web site out there is by pioneering TIC attorney Andy Sirkin -- www.AndySirkin.com.

• Get repped. Consult with and (eventually) retain a real estate attorney with experience helping co-owners negotiate and draft TIC agreements.

• Get quotes. Get interest rate, terms and payment quotes on both types of loans, from mortgage pros who have seen all four of your credit scores, income and asset statements. Tara's Tip: Pull your own credit reports and FICO scores and ask the mortgage folks to preapprove you all with those, preventing multiple credit "pulls," which can reduce your scores.

• Get clear on the risks. Have a group conversation with your attorney about ways in which the risks of joint and several liability can be minimized without incurring the costs of a fractional loan. If everyone is cash flush, maybe a reserve account can be set up, and each couple can deposit several months' worth of payments, to be used as a last resort to make their share of the mortgage payment in the case of financial difficulties. Also, a typical TIC agreement will create legal duties of each couple to the other to pay the mortgage payment, which would give the nondefaulting couple a legal claim against the defaulting couple, if it ever came to that. Of course, by the time one side is struggling so much that they can't make their mortgage payment, they are probably what we lawyers call "judgment-proof" (meaning, so broke that they're not worth the expense of suing).

• Get clear on risks vs. benefits a fractional loan. Once you know what you're looking at, risk-wise, weigh the costs and benefits (and higher monthly payments!) of a fractional loan vs. the risks and advantages of a joint-and-several-liability loan. All smart real estate decision-making should be driven by your level of risk tolerance -- if you and the other three can agree on a method of financing and an ownership structure that jives with your individual and collective priorities and concerns, go for it. If not, keep on house hunting, and keep the faith.

Tara-Nicholle Nelson is author of "The Savvy Woman's Homebuying Handbook," and "Trillion Dollar Women: Use Your Power to Make Buying and Remodeling Decisions." Ask her a real estate question online.

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Q: Could you advise about "popcorn" ceilings and whether they have asbestos in them? How do you get rid of them and is it expensive? We are thinking of buying a 1987 house that has these ceilings throughout. Our doctor recommended getting the material tested before stepping into the house. Could you advise us about this matter?

A: Blown-on textured ceilings, aka "popcorn," may contain asbestos depending on when they were installed. In the late 1970s the use of asbestos in building products was banned because of the health risks. The 1987 vintage home you have your eye on probably doesn't contain asbestos. But the only way to tell for sure is to have the ceiling tested. For more information on asbestos, check out the Environmental Protection Agency Web site, www.epa.gov/asbestos.

We don't agree with your doctor. You can set foot in the house and you can safely live in it. Even if the ceiling contains asbestos, it very probably isn't a threat to your health.

According to the EPA, "Asbestos is made up of microscopic bundles of fibers that may become airborne when asbestos-containing materials are damaged or disturbed. When these fibers get into the air they may be inhaled into the lungs and cause significant health problems." Unless the ceiling is crumbling to dust, there is no health hazard. You're best served by leaving it alone.

Asbestos is present in many building materials of the past. A homeowner might find it in roofing and siding shingles made of asbestos cement, insulation (in houses built between 1930 and 1950), vinyl flooring, heating duct insulation in older homes and in textured paint and patching compounds used on wall and ceiling joints (use of which was banned in 1977).

Test it by submitting samples to a laboratory for analysis. The cost is minimal. Laboratories are listed in the Yellow Pages under "Asbestos - Consulting and Testing." Obtain the samples by wetting a small piece of the ceiling and scraping it into a plastic bag. Ask the lab how much you need to provide. Take the sample from a closet or another out-the-way place.

If the test shows the ceiling that does not contain asbestos, there are two ways to get rid of the popcorn look: Cover it up or scrape it off. A third option, if you want to forgo the hassle of scraping or covering, is to paint it. Painting will make it look fresh and eliminate the need for testing because any asbestos in the ceiling will be sealed in by the paint. The disadvantage is that you will retain the popcorn look. If you paint, we recommend using an airless sprayer because the popcorn "kernels" tend to get caught in the roller.

If the asbestos test is positive, removal is not a do-it-yourself project. We recommend that you hire a licensed and certified asbestos abatement contractor to remove the popcorn. Be prepared for significant mess and expense. Inhaled in large amounts, asbestos can cause serious health problems, including lung cancer, mesothelioma (a cancer of the lining of the chest and the abdominal cavity) and asbestosis (scarring of the lungs with fibrous tissue).

In past columns we've advocated drywalling over popcorn ceilings. Covering is a simple way to get rid of the "look" without messing with asbestos removal. The job is affordable, especially if you do the work yourself. The cost of materials is only about 25 cents a square foot. Covering the ceilings with drywall will encapsulate any asbestos that might be present. But be advised that the known presence of asbestos must be disclosed to a buyer should you sell the property.

Recently, Bill and our brother Bryan contracted for scraping off "popcorn." Neither had to deal with asbestos. Bill hired Pacific Coast Drywall, a San Francisco Bay Area company. They will scrape the 'corn, repair any dings, texture the ceiling to match the walls, and paint if you want. Bryan, who lives in Idaho, used a local "moonlighter." Bryan paid $2 per square foot for scraping and texturing; Bill paid $2.75 per square foot for the same work. If you contract it out, expect to pay about $2.25 to $3 per square foot.

Scraping is a straightforward process if the ceiling hasn't been painted. It can be a do-it-yourself project. But it's seriously messy. If the ceiling has been painted, removal will require chemical agents to penetrate the paint. That job is better left to the pros.

To scrape an unpainted, non-asbestos-containing ceiling, follow these steps:

1. Cover the floor with drop cloths and the walls with plastic sheeting.

2. Mix liquid detergent and water at a ratio of 1 cup of liquid detergent to 5 gallons of water.

3. Using a tank sprayer, spray the popcorn. Allow 20 minutes for the solution to saturate the popcorn.

4. Once saturated, scrape the texture off with a 4- to 6-inch drywall knife.

5. Fold up the debris in the drop cloths, patch any dings on the ceiling, texture and paint.

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Q: We live in Baltimore and are trying to sell our house. My agent tells me that my listing has to be withdrawn from the local multiple listing service (MLS) for at least six months, otherwise the number of days on market will carry forward from my old listing to a new listing. Our house has been on the market for nine months and we're trying to find a way not to show that in the MLS.

A: It's a rough time to be a home seller. Unfortunately, there are more people trying to sell their homes than folks who want to buy them. That means there's a lot of "excess inventory" (unsold houses, if you're looking to get around the jargon) that has to be sold before the current housing market turns around.

Sellers are desperate to show their homes off in as good a light as possible. One sticking point is that today's MLSs track how long a home has been for sale. And, as this reader points out, there is some concern that the technology employed by MLS systems will continue to monitor a property, even if it has been pulled off the market.

So does a Baltimore house listed in the local MLS have to be off the market for six months in order to get a new number? Nope.

According to Jonathan Hill, vice president of business development for Metropolitan Regional Information Systems (MRIS), which is the MLS that includes Baltimore, the reader's agent is providing incorrect information.

"At MRIS, if a new listing for a particular property is added 91 days after any previous listing was withdrawn or expired, it will be considered a "new" listing. The history of days any previous listing was on the market will not attach to this new listing," Hill wrote in an e-mail.

A spokesperson for the National Association of Realtors, a trade association that acts as a hub for state and local Realtor associations, says that each MLS develops its own rules regarding how long a property is tracked after it is pulled off the market. In some markets, you'll have to wait a month, in others several months. You can double-check the accuracy of your agent's information on this point by chatting with the managing broker in the office or by calling the local MLS directly.

(Of course, the information the broker may have been giving the reader who wrote to me may have been somewhat cryptic. The broker may know that it might take only three months to relist the home and receive a new listing number but may have been advising a six-month cooling-off period with the hope that the local real estate market might pick up.)

Freshening up a listing by withdrawing it and relisting it several months later is a trick that has been used for a long time. It is particularly popular when properties have languished from one year into the next, since the numbers assigned within an MLS system correlate to the year, and sometimes the date, the property is listed.

In other words, if you listed your property in 2007, and you don't want a 2007 listing number, you can pull the property off the market and relist it with a 2008 number.

But whether the listing is old or new probably won't make as much of a difference as the condition, price and how the local neighborhood economy is functioning.

Baltimore, like Miami, Phoenix, Washington, D.C., Las Vegas and virtually the entire state of Michigan, among other metro areas, has too many sellers and not enough buyers. Relisting your home might entice some people to take another look, but it doesn't mean that the house will sell any faster. It won't, for example, fix the fact that there are a bunch of identical houses in your neighborhood or subdivision for sale, half of them foreclosures, with banks undercutting your price.

If you hire a real estate agent who belongs to the MLS, you'll have to live by the MLSs rules regarding relisting your property no matter where you live. But if you're a seller, there are a few things you can do to try to help your situation:

1. Stage your house. If you haven't already hired a pro to come in and help you stage your house, you might want to. Staging is the art of taking what you have and either moving it around or packing it away to show off each room's best feature. You're creating a scene (like a theatrical production) where you are showing the buyer what you want him or her to see about your house. The results can be dramatic.

I filmed a rather "blah" townhouse for a staging video this past winter in Chicago. The agent was not excited at all about the project, and the homeowners didn't really know what to do. With an investment of about $650, plus furniture rental, the stager transformed the house. When the agent came back, she was stunned. She immediately put up new photos on the Web, held an open house, and the property had five offers on that day. The homeowners accepted a very good offer two days later.

If you want to see some of these staging videos, check out www.expertrealestatetips.net.

2. Reevaluate your price. Even if your house is staged perfectly, you won't be able to compete if six similar houses on the block are priced 20 or 30 percent below your list price. Banks have begun to cut their prices in order to get thousands of foreclosed homes off their books. While you may believe your home is worth more (and at one time I'm sure you were right), you may have to cut your price in order to sell soon. If you don't feel like competing on price, then consider taking your property off the market until next year.

3. Make better use of the Internet. More than 85 percent of buyers start their search for a home on the Web. Although the property is listed in the local MLS, and your agent may have uploaded that information to national real estate portals like Trulia.com and Realtor.com, there are plenty of online opportunities for you to market your home.

Consider creating a Web site for your house using the address as the URL. Upload as many gorgeous photos of the property as possible, and perhaps even a video of yourself describing why you have loved living in this house. You can upload the video to YouTube, which will allow you to e-mail it to everyone you know.

This is called viral marketing. By sending this to everyone you know, they might know someone who is interested in your neighborhood. As my mother -- a longtime agent in Chicago -- likes to say, "It only takes one buyer." With the Internet, you're marketing to the world.

4. Offer something extra. Want to generate some heat inside your own MLS? Offer to buy down the buyer's mortgage. Offer a bonus to the agent who brings the successful buyer to your door. Raise the commission you're paying and give the buyer's agent a bigger share (rather than an equal share). Forget about giving away cars, your old outdoor furniture or a trip to Disneyland. Today, currency is king, and I'd rather see you use your money in a productive way.

If you and your agent are already doing these things and you still haven't sold, then you may just have to postpone your plans to move until the market in your neighborhood turns around. But, I wouldn't give it up without a good fight.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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