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Professional courtesy, not law, guides agent's decision

Q. We've been looking for a house for about a year. We went to an open house and liked the house. We called later and asked to see it again.Today, we were out with an agent I like and I told her about this house. She said she couldn't represent us for this house. Why not? My wife and I have done the legwork on this. We have signed no documentation.A. You're right in thinking you have no legal obligation to the seller's agent. The one you'd like to work with, though, evidently has her own guidelines. She chooses not to work with you on that property because another agent has already showed you the house, more than once. It's more a matter of professional courtesy than of law. And she may not want to let herself in for unpleasant disputes about commission down the line.Go back to the original agent if you're set on that house. Otherwise, stick with the second broker - she sounds to me like a winner.We sold a home in November 2008 and closed on a new one on Feb. 28, 2009. We lived in the previous home for nearly 18 years. Do we qualify for the $6,500 tax credit? I heard yes and no.A. Sorry, but the repeat buyer tax credit is available only for purchases made after the law went into effect on Nov. 6, 2009.Our home is paid for, and the deed only has my husband and I on it. We want to add our two grown children. Is it better to just turn the home over to them or to have all of our names listed on the deed?A. I can't tell what you're trying to accomplish. You need a session with a lawyer who specializes in estate planning or elder law. All kinds of considerations are involved, some personal and some with tax consequences.The deed on my mother-in-law's house is in her four children's names, not hers. It is written as joint tenants with rights of survivorship. Can my husband remove his name and put his son's name instead? Can this be done on his own or do the other three siblings have to agree? A. A joint tenant has the right to sell or give away his share of ownership.That would break the survivorship, as far as his share was concerned. The others would remain joint tenants, automatically taking over the share of one who died.Your husband's son would become a tenant in common with no right of survivorship. He would inherit nothing more if one of the other owners died. His share would remain one-quarter, and he could leave it to his own heirs.My daughter was recently accepted to refinance her mortgage from her original mortgage lender under the Home Affordable Modification Program from the federal government. The new rate agreed was 3.5 percent for 28 years. My daughter accepted these terms and returned the documents to the bank. She has made her first payment on the new loan.A few weeks later, she received a letter from the bank. It stated that due to an audit, they made a mistake and the loan should have read: 3.5 percent for years one through five, 4.5 percent for year six, and 5 percent for years seven to 28. It also states that she must sign this new document and accept these terms or the mortgage will revert to the original 6.5 percent ARM. Does she have no choice but to sign this new acceptance letter?A. I suspect she has no choice, but it's worth asking a good real estate attorney if there's any chance of holding the lender to the original document.I have inherited a house in another state and would like to work with a broker near me to help sell it. Will a local broker work with one there, so I don't have to make a trip?A. A local broker can contact an agent in that town and help you make arrangements to put the house on the market. If you already know an agent here that you feel confidence in, fine. If not, call a couple of real estate companies near you, ask to speak with the managing brokers and explain what you need.Your local broker will know the right questions to ask and should keep tabs on the whole thing by phone and e-mail. When the house is sold, part of the normal commission will be sent to him or her as a referral fee.bull; Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (please include a stamped return envelope), or readers may e-mail her at ehlank@aol.com.2010, Creators Syndicate Inc.

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