Dear Edith: I heard that you should paint your house in neutral colors, like beige or white. Is that true? — K. O'B.

Answer: If you're preparing the house for the market, then yes, a quiet neutral color will help potential buyers picture themselves living there, no matter what furniture they already own. That's why builders who show model homes almost always use off-white walls and neutral carpeting.

But if you're planning on remaining in the house for some years, go ahead and do anything you want!

Seller Is Suing

Edith: I signed a purchase offer on a house and put down a $500 good faith deposit. In the purchase offer it states the seller would "install a new roof." The roof is green with moss and the attic is white with mold from where it was wet for so long.

Everything seemed fine, but five days before closing, nothing was done. I let the agent know this was totally unacceptable.

Now they refuse to release my deposit. What's wrong with this picture? How can a seller renege on a purchase offer they sign and in turn sue the buyer? – D.M., via e-mail

Answer: If they're suing you for as little as that $500, it is probably in small claims court, where you can appear without a lawyer and tell your side to the judge. Or you may want to go to small claims yourself and file a counterclaim, asking for the $500 to be returned.

If the suit is for more money than that, by all means consult a lawyer.

Using One Broker

Ms. Lank: Is it OK for me to use the selling Realtor for a home purchase? I am not interested in looking at other properties and have definitely found the home I want. I like this Realtor and just need to close the deal and sell my current property. I am concerned that negotiations might not be in my best interest. — via e-mail

Answer: I know that brokers who represent buyers exclusively won't agree with me, but in general there's nothing so wrong with dealing directly with the seller's agent. That's the way real estate worked until fairly recently. Many deals are still negotiated that way.

Just keep in mind that — as you realize — that agent is legally obligated to work for the seller's best interest. All that is owed to you is honest dealing. If you asked, "How low would they really go?" for example, the agent's honest answer would be, "I owe my client a duty of confidentiality, and I'm not allowed to answer that question, but I'll be happy to present any written offer you want to submit."

By the same token, realize that the agent is duty-bound to report anything useful to the seller, so you wouldn't tell the agent, "Confidentially, I'll pay more if they don't take this offer."

As long as you don't tell that agent anything you wouldn't say directly to the seller, you should be OK. After all, working in the seller's best interest does include getting the house sold, which will entail many services to you, the buyer.

Buying Directly

Ms. Lank, How do I buy a house without an agent with cash? The current owner has about $10,000 left on his mortgage. — via e-mail

Answer: You have a lawyer, a title company or whoever is customary in your area handle the closing. They will investigate to make sure you're not buying any other financial or legal complications along with the property. The mortgage can be paid off at the time of closing from the cash you put up.

Moving To One Story

Dear Edith: Please send your opinion. We are seniors living in a two-story house. Because of health reasons we must sell because the bedrooms and bath are upstairs. Our 1928 home has been paid for many years. Is this a bad time to try to sell in a few months? We are in a dilemma at this point. — J.

Answer: Deciding to sell your home isn't like picking the best time to sell stock. Your personal needs are the most important consideration.

It sounds as if you're ready to move, and if I were you I wouldn't worry about catching the best real estate market. For one thing, if you're going to buy another home (perhaps all on one level?) it doesn't matter what the market is like. What you lose on one end you'll make up on the other. And there's no way I can predict what next year's price levels will be.

Feel free to just go ahead and do it.

Edith Lank will respond personally to any questions sent to her at 240 Hemingway Drive, Rochester, NY 14620 (please include a stamped return envelope), or readers may e-mail her at ehlank@aol.com.

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