wrote in message
...
On Wed, 12 Aug 2009 17:21:25 -0700, Smitty Two
wrote:

In article ,
"Oscar" wrote:

"Doug Miller" wrote in message
...
In article , "Oscar"
wrote:

wrote in message
. ..

Nope. They can constructively walk away by not making any more
efforts
to rectify whatever the inspector imagines is wrong. At that point
they won't be breaching any contract. The agreement was that the
sale
would be consumated if ceratin conditions and stipulations were met
and resolved.

LOL... nice try, but breaching a contract, is breaching a contract.

Oscar, I really wonder how carefully you have read the real estate
contracts
you've been a party to in the past. A typical inspection clause
allows
the
buyer to cancel the contract if the inspection discloses major
defects
that
the seller refuses to fix. The seller is *not* required to fix
*anything*
unless he has previously agreed to do so. If an inspection discloses
major
defects, any of the following can happen:

(a) the buyer can waive the inspection contingency ("I don't care,
I'll
buy it
anyway");

(b) the buyer can cancel the deal ("Give me my deposit back, I'm
outta
here");

(c) the seller may offer to reduce the price of the home; the buyer
is
under
no obligation to agree (see (b) above);

(d) the seller may offer to repair the defects at the buyer's
expense;
the
buyer is under no obligation to agree (see (b) above);

(e) the seller may offer to repair the defects at the seller's
expense,
in
which case the *buyer* is probably breaching the contract if he
refuses
to
consummate the transaction;

(f) the buyer may ask the seller to reduce the price, or repair the
defects at
the seller's expense; the seller is under no obligation to agree;

(g) the seller can tell the buyer to pound sand.

In the absence of a specific written agreement by the seller to make
repairs, under which of these scenarios is the seller breaching the
contract
by refusing to do so?

Doug,

This is FHA, not a typical conventional sell. Did you not notice?

Everything you have written, is pretty much a moot point.

An FHA appraiser does the inspection for FHA. FHA recommends getting
your
own professional inspection.

You _must_ agree to sell FHA. This is _not_ done by the nod of the
head, a
handshake, verbally, or any other method, except contract.

This thread would not even be here, with the OP bitchin about FHA,
unless
they agreed to sell FHA.

We're still waiting - at least I am - for you to tell us just what the
**** it is about agreeing to sell FHA that obligates the seller to
satisfy the whims of the inspector and consummate the sale? If you've
addressed that issue in one of your posts, I must've missed it. But
truth be told, I don't think you even understand the question.

Oscar is not exactly the sharpest knife in the drawer, Smitty. Unless
you can figure out a way to draw pictures with crayons on usenet, you
are not going to have much luck getting him to understand much of
anything.

LOL dog, you said I didn't know you. I know your kind well, as well as
everyone else knowing your kind. Not only do you shrug your shoulders & run
from your responsibilities, when you get shut down on Usenet, you throw a
tantrum. Seen it many times. LOL. Thanks for confirming.