Smart Money: Shoddy fence work not worth cost of lawsuit

Bruce Williams is a national radio talk show host and syndicated columnist.

Dear Bruce: Last April, I hired a local company to put a new fence in my backyard.

The top portion of one segment fell apart a few weeks later. The company, notified several times, has not responded. I filed a complaint with the local Better Business Bureau, but they have not given me any advice as to legal recourse. What would you suggest? S.R., Moline, Ill.

Dear S.R.: It's a matter of dollars here. If it only requires a small amount of money to repair this fence, which is probably the case, it's pointless to think about a lawyer. The cost-benefit ratio is out of whack. Unfortunately, the Better Business Bureau can put the company in its complaint file, but it is not designed to represent you. Oftentimes, we just have to swallow hard, and, of course, at every cocktail party you attend, bring up the story about the crummy fence company.

That will hurt them far more than any legal action.

Dear Bruce: My husband and I live in a travel trailer.

It's on a large lot with legal sewer, water and electrical hook-ups behind my mother-in-law's house. We keep the yard tidy and have lived here four years. The town has an ordinance that states any mobile home must be a certain minimum square footage.

Our trailer doesn't meet these requirements. The town council has given us an ultimatum to either build on to the trailer or move it to a local trailer park. This all seems very fishy, but we cannot afford an attorney.

Can you give us any advice? Can you give us any phone numbers for free legal help or a civil rights group's number? Reader, Texas

Dear Reader: Zoning governs the use of a piece of real estate. The zone that you are in requires a minimum number of square feet for a mobile home. This is to prevent people from living in little travel trailers and diminishing property values. They are also telling you that there is appropriate zoning on a piece of property zoned for a trailer park, an appropriate place to do what you are doing.

There are many people, including myself, who would not want people living in a travel trailer on property adjacent to my own. It diminishes the value and quality of life to those around you. I realize that this is far more economical for you. Zoning is costly and offensive in the eyes of the people who are restricted. I don't know of any organization that is going to help you, because what they are doing is completely proper. It is certainly your right to challenge the zoning or ask for a variance, which means official permission to deviate from the zoning. Your mother-in-law will likely have to make the application, since you have no standing with regard to the property.

Dear Bruce: I'm 37 years old and I have listened to your broadcasts and read your column since childhood. My driveway was paved today and the contractor paved a foot and a half of asphalt on my neighbor's property.

When he came to give me an estimate, I showed him exactly where the property line is. Now I have paved this other property without permission. Any advice would be greatly appreciated. S.C., Staunton, Va.

Dear S.C.: I would not pay the contractor until he has reduced his bill and had the offending driveway material removed with a curb or something similar that would stop the remaining driveway from eroding prematurely. He knew, or should have known, where to pave. It could be that his workers made the mistake, but he is responsible for the folks that work for him. Your neighbor at some future date could legitimately require you to remove the material at considerable expense. It is clearly the contractor's responsibility to remove the paving, but if you've already paid him, then you've lost an enormous amount of leverage.

Dear Bruce: Two years ago, I purchased a 980-square-foot home in California for $195,000. It is now worth $370,000. My fixed-income neighbor has a 660-square-foot shack.

It's a horrible eyesore that should be condemned. He cannot afford to maintain the property and wants to sell. I'd like to buy the house and make improvements.

I am in no position to finance it straight out, but in about a year I will be able to. I found out that he owes $6,000 in back taxes, which means that there will be a foreclosure soon. Can I make a deal with him where he can stay in the house for another couple of years? I'll pay the back taxes, the current taxes and even help with the upkeep; in return he agrees to sell me the house either outright or on a contract for deed. Do I need an attorney for this, or can I buy a boilerplate contract sold in bookstores? J.S., Ojai, Calif.

Dear J.S.: You've got to be kidding. You're putting together a complex real estate transaction for hundreds of thousands of dollars and you want to know if you can go to the bookstore and buy a contract?

A deal will require a skilled attorney to protect your interests as well as the seller's. The idea could benefit both parties, but the only unknown is how much more money would you have to come up with so he could survive for those two years, and would he be willing to establish a price now on a sale that will take place in two years? If he does go for the contract, the sale price will be established now. Tricky, but possible.

Dear Bruce: My husband and I own a home in a declining neighborhood. We have about 35 percent equity in a $100,000 market value home.

We are looking forward to retirement, of course, but we are wondering what should we do with this home now? J.B., Sacramento, Calif.

Dear J.B.: If you're in a declining neighborhood, the time to get out was yesterday. If the neighborhood is going downhill, it's in your best interest to get out and relocate.

Seldom do these neighborhoods come back in short order. Some of them are rehabilitated, but this takes a good deal of time. If you are looking forward to retirement, that's time that you don't have.