Question: I took on a real estate agent to sell my home. First. her broker insults my house by calling it ugly. They promised to advertise it in several papers and never did. The broker had an offer with a whole bunch of contingencies that were very hard to understand and required no deposit money. They demanded that I accept or counter that offer, which I did not.

They also expected me to show my own house, when my salesperson can't.

I wrote a letter to the broker stating all of this, and in return she wrote back and said that she thinks it's best that we terminate this contract.

She then mails me a termination contract which was so blurry and hard to read, and basically states that after I terminate I will still owe her commission money if I sell my house and I will have to pay for all her advertisements.

Is there anything I can do to protect and is there any I can take against the broker.

Answer: Let's look at the issues.

First, you say the broker said your property is ugly. Did the broker actually use the term "ugly" or did he simply say that the property was in need of repair? Whatever the case, you felt insulted and that's not good for the relationship between you and the broker.

Second, you say the broker did not advertise as promised. Was there a written marketing plan? What did it say about advertising?

Third, you say the broker presented an offer with a lot of contingencies and no deposit requirement. Are you in a strong seller's market? Or, are lots of houses for sale in your area, meaning that buyers have leverage?

In fact, you did respond to the offer. You said no, and "no" is a perfectly valid counter-offer.

Fourth, you say you were expected to show the property when the agent was not available. Did this actually happen?

Lastly, the broker suggested that you terminate the listing. Most probably the termination agreement you were offered said you will pay a commission to anyone who saw the property while it was listed and that you will also pay the broker's advertising costs.

You should pay if a buyer found by the broker during the listing term or thereafter within a reasonable"protection period" purchases the home -- that's why the broker was hired. As to advertising costs if no buyer is found, that's a negotiable matter.

Please have an attorney or legal clinic review both the listing and the termination agreement. Ultimately, though, the broker is right: you ought to terminate the listing. The only question is under what terms.

Question: I'm in the process of purchasing a new home. I have already signed the contract and was not told anything about the current fuel oil that's in the tank at the home. I have been notified by the seller that I have to pay for the remaining oil. I looked at the purchase contract and nothing is stated on it about fuel oil. Do I have to pay for the oil?

Answer: Yes. When you go to closing you will see that there are various "adjustments" made as part of the normal settlement process. It's a routine matter to credit the seller for oil in the tank.

This is hardly unfair. The oil is not a gift, you will use it to heat the home plus the seller paid for it. Alternatively, the sale agreement does not prevent the seller from draining the tank before settlement, meaning you would have to find a new oil supplier to re-fill the tank at today's prices. And remember, as you say nothing about oil was mentioned in the sale agreement.

In this situation everyone benefits by paying for the oil and leaving it in place. That's fair and that's reasonable.

Question: I've been a resident in my condominium development for 28 years. When I first moved here, I asked permission from the board of managers to erect a fence around the yard for privacy and to block some fumes from the traffic. The board granted me permission and provided I plant shrubbery in front of the fence. I planted the shrubbery and the fence eventually was hidden from view.

Now, 28 years later, I decided to replace the exact fence which I had originally and plant evergreens to hide the fence. The current condo board wants me to remove the fence. What can I do?

Answer: This argument has nothing to do with fences or shrubs. The condo board is asserting its power to approve architectural changes to the property. The issue is territory and turf, not fences.

By any chance, do board records from 28 years ago exist? They might help your situation but the real solution is to say "whoops, I didn't realize I needed permission to replace an existing fence" and then ask for the board's okay. This will save legal fees for everyone, as well as a lot of wasted time, needless hassle and bad feelings all around.

And, of course, when the next condo election rolls around, make sure to run.

Question: We are a military family and although we haven't received orders yet, we're pretty sure we have a move-in site for next summer ('09). We live in a rural but rapidly growing town in west Tennessee near a military base and my husband and I are debating on when to list our home. I would like to go ahead and list the home online next month (July '08), then begin to show the home in December of '08. My husband thinks we should do it all at the same time in December of '08. I am afraid it will leave us minimal time to sell or rent before we need to leave. What do you think?

Answer: You could list your home today with the stipulation that the sale and settlement will not take place before you're able to move next year. That would be good for you -- but not so good for buyers who would have little interest in waiting around to see how your housing situation works out.

While you're right to be concerned about timing, the bigger issue is this: Imagine if you sell the property now and the replacement property is unavailable next year?

The better strategy is to not list anything anywhere until you know that a replacement property will be available. Once that's the case then speak with local brokers to determine when best to list.

Question: My husband and I have been pre-approved for an FHA loan. We are looking at this one house and not sure if our broker "forgot" to mention this, but if the house needs flooring and this means "tile or carpet" and the lender is willing to give an allowance for the flooring, can we still be approved for the FHA loan?

Answer: The best approach is to have your purchase offer stipulate as a condition of the sale that the sellers must install carpet or tile (choose one or the other) that is "satisfactory" to you in terms of installation, quality, color and brand before closing.

In other words, the sellers would essentially be required to install flooring of your choosing at their expense. This way you would not have an additional cost, you would get nice flooring and the matter would be resolved before you close. Speak with your broker for details.

Question: I have a neighbor with a dog that howls through the night. What would you suggest I do to remedy this situation?

Answer: Most communities require appropriate pet supervision, so the proper step is to have someone contact the owners. The local humane society, pound or health department can all provide information. Ask if your name will be kept confidential; that's a common policy in many communities.

When you speak with local officials ask them to do as little as possible. You do not want someone's pet removed, you only want better supervision from the owner. It may well be that in this case the owner does not hear the dog and is literally unaware of the problem since it only occurs at night.

Question: Is it a bad idea to hire a newly-licensed agent?

Answer: Real estate brokerage is a profession where experience has great value. This is one reason why salespeople must work under the authority of licensed brokers, individuals with more experience and training.

For those just starting out the need for experience creates a circular problem: You need experience to serve clients well but you cannot get experience without listings and buyer brokerage agreements.

The solution is for newly-minted salespeople to work as assistants for experienced and successful licensees. After 30 or 40 transactions the newcomer will then be well-positioned to accept business directly -- and consumers will be dealing with someone who has practical experience in the field.

Question: Do you have suggestions regarding important questions I should ask prospective builders?

Answer: You certainly want to know about costs, designs, options, siting, materials, technologies and completion dates, but as a new-home buyer there are other steps you should take to protect your interests.

First, you want a licensed home inspector to examine the property when the basement foundation is finished, when the walls are up but not sealed and at the walk-through.

Second, you want to speak with mortgage lenders to see what financing is available and at what cost so you can judge an alternative offer made by the builder's lender.

Third, you want to speak with past buyers to see how they were treated and whether they would again buy from the builder.

Question: What is the NAHB?

Answer: NAHB -- or the National Association of Home Builders -- is a Washington-based trade association which represents home builders nationwide.

According to it's 2006 Form 990, a form filed with the IRS, it had total revenues of $112 million for the year. NAHB says that its purpose is to "promote the housing industry by providing information to its members through conventions and publications concerning innovative products, consumer growth patterns and trends, and current legislation pertaining to the housing industry."

Have a real estate question? Send your inquiry to Ask Realty Times. Because of the volume of mail received, Mr. Miller cannot respond to questions individually or privately. Published letters may be edited for space and style. For comments regarding other Realty Times articles, please contact individual authors by pressing here. For past columns, please press Ask Realty Times.

This column is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional services. If legal services or other expert assistance is required, the services of a competent professional person should be sought.