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Doug Miller Doug Miller is offline
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Default Ridiculous FHA rules

In article , rile wrote:
We are selling a house to a buyer using an FHA mortgage. There is a
rule, because of lead paint, that any house built before 1978 cannot
have any "peeling, checking or flaking paint". The property has no
lead paint....all buildings have been repainted since the late 80's.


Very unlikely that the property "has no lead paint." It may have no *exposed*
lead paint, but if it was built before 1978, it's very unlikely that it has
none at all.

An inspector came out, rejected it for that reason. My son and I
scraped, power washed, scraped again, and painted. They guy has come
back two more times and still rejected it. All he does is walk around,
take pictures and make a recommendation. He doesn't touch the paint,
scrape it or anything. All of the paint is tight. The worst is, the
buyers don't want us to do the painting...they want to repaint it a
different color.
Any ideas....we are at the ends of our wits.


Sounds to me as though the buyer may have changed his mind about buying the
house, and is using the inspection as an excuse to back out of the
transaction. Check the purchase agreement, preferably with the help of an
attorney experienced in real estate law. Such contracts typically (in my
state, at least) allow the buyer to unilaterally cancel the agreement if the
inspection discloses a "major defect". In my opinion, lead paint that is not
peeling, checking, or flaking is not a "major defect" -- but I am not a
lawyer, which is why I suggested you should consult one. If you've hired a
real estate agent to sell the home, the agency almost certainly has a lawyer
on retainer, if not on staff, who would I'm sure be happy to explain to the
buyer (or the buyer's lawyer) the difference between "major" and "minor"
defects.