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#81
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Ridiculous FHA rules
In article ,
"Oscar" wrote: "Smitty Two" wrote in message news I don't know **** about FHA, haven't read the links, and don't want to, but until someone says why the seller can't just *walk away from the sale,* I'm going to have to side with the salted dog here. Did the seller actually sign something that says he *WILL* fix the paint issue, or did he only sign something that says he *WILL* fix the paint issue *IF* he wants the sale to close? There's a world of difference between the two. It's called breach of contract. If you read the OP, you will see they are not fixing anything out of the kindness of their heart. Everything you want to know has been addressed in other responses. Reading is knowledge. I haven't seen what I want to know addressed. Can you link me to the specific post that answers my specific question? Do you understand my specific question? |
#82
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Ridiculous FHA rules
"Smitty Two" wrote in message news In article , "Oscar" wrote: ==============reply below========= Reply below? Is your newsreader broken, or did you learn quoting technique from Stormy, or what? What's the matter, sore because I wouldn't hold your hand, telling you what it's about? Wow, a bunch of sore heads. Let's see how your reader quotes Google Groups |
#83
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Ridiculous FHA rules
wrote in message ... On Wed, 12 Aug 2009 18:36:47 -0400, "Oscar" wrote: "Big Jim" wrote in message ... You and this FHA, FHA. You're wrong and you;re angry not everyone gets taken like you did. You yourself provided evidence the seller can limit his repair costs . So FHA FHA means nothing if a seller refuses to fix things or sets a limit that doesnt fix everything. It's in the contract as you say. The OP's buyers need to either get different financing or report the inspector's strange behavior and lack of specific remedies for supposed problems. If the seller has made an effort he has fulfilled his obligation. We dont know exactly what he agreed to do. It seems that FHA has similar appraisal/inspection procedures that many lenders do. Anytime a buyer and seller cant agree on price, repairs , closing date etc a deal dies. ========= reply below======== Jim, Exactly, I provided proof the seller is contractually bound to fulfill their obligations. If they fail to fulfill their obligations, they can't just walk away. I don't care if they put $100 as a limit, and never spent it, they don't have a right to walk away. They can, but then that's where lawyers come in for breach of contract. The seller must exhaust their obligations. You & saltydog are a big part of what's wrong with this country. You both think you can just walk away from responsibilites. You don't know a damned thing about either one of us, chump. Oh, I seemed to strike a nerve. Walk away, it's appears to be your forte. |
#84
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Ridiculous FHA rules
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. |
#85
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Ridiculous FHA rules
"Big Jim" wrote in message ... Responsibilities? I've bought and sold enough homes to know when a buyer or seller is jerking my chain. It's better to bail on a deal than get suckered. What happened to you and how were you taken? And now you're gonna tell me, you've done them all FHA, and walked away. You're just being plain silly. |
#86
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Ridiculous FHA rules
On Wed, 12 Aug 2009 17:10:25 -0700, Smitty Two
wrote: In article , "Oscar" wrote: "Smitty Two" wrote in message news I don't know **** about FHA, haven't read the links, and don't want to, but until someone says why the seller can't just *walk away from the sale,* I'm going to have to side with the salted dog here. Did the seller actually sign something that says he *WILL* fix the paint issue, or did he only sign something that says he *WILL* fix the paint issue *IF* he wants the sale to close? There's a world of difference between the two. It's called breach of contract. If you read the OP, you will see they are not fixing anything out of the kindness of their heart. Everything you want to know has been addressed in other responses. Reading is knowledge. I haven't seen what I want to know addressed. Can you link me to the specific post that answers my specific question? Do you understand my specific question? Careful there, Smitty. You keep this up and his head may explode. I'm pretty sure it contains LEAD. |
#87
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Ridiculous FHA rules
"Smitty Two" wrote in message news 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. The "inspector" is actually a FHA appraiser. It's obvious, the OP _agreed_ (signed a contract) to sell FHA, because that's the only way you can sell FHA. The OP has repeatedly attempted to satisfy FHA, they have never said how many $$$ they agreed to spend to sell FHA. But, they're not painting out of the kindness of their heart, they _had_ to agree to this (contract). They must fulfill their contractual obligation, whether it be $100 or $5000. Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. |
#88
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Ridiculous FHA rules
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. |
#89
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Ridiculous FHA rules
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. |
#91
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Ridiculous FHA rules
"Smitty Two" wrote in message news In article , 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. Well, maybe I'm the idiot. Oscar obviously knows something I don't, but I'll be damned if I can get him to tell me what it is. I replied to you elsewhere, are you having a hard time following? Don't much matter now, the OP has started a new thread, saying it wasn't FHA. For the sake of replying, here it is again. The "inspector" is actually a FHA appraiser. It's obvious, the OP _agreed_ (signed a contract) to sell FHA, because that's the only way you can sell FHA. The OP has repeatedly attempted to satisfy FHA, they have never said how many $$$ they agreed to spend to sell FHA. But, they're not painting out of the kindness of their heart, they _had_ to agree to this (contract). They must fulfill their contractual obligation, whether it be $100 or $5000. Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. |
#92
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Ridiculous FHA rules - Flamers Hard at Work :-)
rile wrote in news:fe7c7517-d1c1-44cb-95f9-e248ed94a692
@a26g2000yqn.googlegroups.com: http://tinypic.com/r/4s192o/3 |
#93
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Ridiculous FHA rules
In article ,
"Oscar" wrote: Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf IOW, you don't have Adobe Acrobat, and therefore are unable to copy/paste from a pdf. BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. I see your lips moving, but I don't hear you answering my question. Here it is again: Did the OP sign a contract agreeing to fix the paint issue, or did he sign a contract saying that he would fix the paint issue IF HE HOPED TO SATISFY THE CONDITIONS OF THE SALE ??????????????????????????????? ?????????????????????????????????????????????????? ??????????????? If you can answer THAT QUESTION, without using the words FHA, or ADDENDUM, then I'm all ears. |
#94
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Ridiculous FHA rules
Oscar wrote:
"You _must_ agree to sell FHA, nobody can say, oh BTW, we're going FHA. Hence, an agreement (contract) is in place." OK, I believe you. How does one protect oneself against the FHA (or VA as well?) when selling? Do you just tell realtors or prospective buyers that you refuse to sign anything pertaining to FHA or VA? That the property you have for sale is "as is", and nothing more? Just how does one do this? I expect to be selling an old house soon, in need of a LOT of work, and want to avoid being pressed into a situation as was the original poster to this thread.... - John |
#95
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Ridiculous FHA rules
On Wed, 12 Aug 2009 21:18:20 -0400, "Oscar" wrote:
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. Oh, so now you claim to peak for everyone? I think that labels you pretty well all by itself. Again, for your own good, I urge you to put down the shovel. |
#96
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Ridiculous FHA rules
On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. Unless you removed ALL paint put on before the 80's and then repainted the raw surfaces, you could have lead paint. It need not be currently exposed. A child will chew or teeth on painted surfaces and the lead on old paint can e consumed. If I am wrong about my interpertation ... |
#97
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Ridiculous FHA rules
On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. Having been painted does not prevent lead paint that is now covered from being a problem. It would appear you have not totally removed any possible layer |
#98
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Ridiculous FHA rules
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#99
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Ridiculous FHA rules
"Smitty Two" wrote in message news In article , "Oscar" wrote: Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf IOW, you don't have Adobe Acrobat, and therefore are unable to copy/paste from a pdf. Wrong, I paid a good $ for it, and am a bit stingy about sharing it. BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. I see your lips moving, but I don't hear you answering my question. Here it is again: Did the OP sign a contract agreeing to fix the paint issue, or did he sign a contract saying that he would fix the paint issue IF HE HOPED TO SATISFY THE CONDITIONS OF THE SALE ??????????????????????????????? ?????????????????????????????????????????????????? ??????????????? If you can answer THAT QUESTION, without using the words FHA, or ADDENDUM, then I'm all ears. Don't much matter, OP started a new thread. Besides this was started an FHA thread, I know you choose to ignore it, but that's not my problem. |
#100
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Ridiculous FHA rules
"John Albert" wrote in message om... Oscar wrote: "You _must_ agree to sell FHA, nobody can say, oh BTW, we're going FHA. Hence, an agreement (contract) is in place." OK, I believe you. How does one protect oneself against the FHA (or VA as well?) when selling? Do you just tell realtors or prospective buyers that you refuse to sign anything pertaining to FHA or VA? That the property you have for sale is "as is", and nothing more? Just how does one do this? I expect to be selling an old house soon, in need of a LOT of work, and want to avoid being pressed into a situation as was the original poster to this thread.... - John I would consult a real estate attorney. Make sure you are protected. |
#101
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Ridiculous FHA rules
"Smitty Two" wrote in message news In article , "Oscar" wrote: Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf IOW, you don't have Adobe Acrobat, and therefore are unable to copy/paste from a pdf. There, correct user. Anyways, you're wrong, and I have no intentions of sharing with someone too lazy to read facts. BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. I see your lips moving, but I don't hear you answering my question. Here it is again: Did the OP sign a contract agreeing to fix the paint issue, or did he sign a contract saying that he would fix the paint issue IF HE HOPED TO SATISFY THE CONDITIONS OF THE SALE ??????????????????????????????? ?????????????????????????????????????????????????? ??????????????? If you can answer THAT QUESTION, without using the words FHA, or ADDENDUM, then I'm all ears. So, you want to know about the FHA appraiser/inspector discretion per FHA addendum, but don't want to hear about FHA. You need a lot more help than I can give you on Usenet. |
#102
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Ridiculous FHA rules
wrote in message ... On Wed, 12 Aug 2009 21:18:20 -0400, "Oscar" wrote: Oh, so now you claim to peak for everyone? I think that labels you pretty well all by itself. Again, for your own good, I urge you to put down the shovel. I certainly don't know what your problem is, but I'll bet it's hard to spell. |
#103
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Ridiculous FHA rules
On Aug 13, 7:27*am, wrote:
On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. * * * * Unless you removed ALL paint put on before the 80's and then repainted the raw surfaces, you could have lead paint. *It need not be currently exposed. * A child will chew or teeth on painted surfaces and the lead on old paint can e consumed. * * * * If I am wrong about my interpertation *... There is no requirement for removal of all lead paint, not even in abatement projects. You need to contain it. However, if you did it yourself, it would be difficult to prove and therefore it would be as if there was still lead there. Unless you have it tested, you presume it is there. Since the OP did the work himself, he did not use lead- safe work practices, he didn't use interim controls, and he didn't clearance; so it is as if the lead is still there. In fact, the lead might still be there because you don't know what quality of work was done. For example, did he clear the soil outside the house as the end of painting? Working with lead isn't bad and isn't hard, but you do need training and need to do it right. |
#104
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Ridiculous FHA rules
On Aug 13, 9:29*am, Smitty Two wrote:
In article , wrote: On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. * *Unless you removed ALL paint put on before the 80's and then repainted the raw surfaces, you could have lead paint. *It need not be currently exposed. * A child will chew or teeth on painted surfaces and the lead on old paint can e consumed. * *If I am wrong about my interpertation *... So you're not sure whether this quote: There is a rule, because of lead paint, that any house built before 1978 cannot have any "peeling, checking or flaking paint". means a. *any house built before 1978 cannot have any "peeling, checking, or flaking paint." or b. *any house with lead paint has to have all the lead paint removed? contained or abated; but not removed. |
#105
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Ridiculous FHA rules
On Aug 13, 7:27*am, wrote:
On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. * * * * Having been painted does not prevent lead paint that is now covered from being a problem. *It would appear you have not totally removed any possible layer Even removing the lead paint doesn't matter. It is pre-78. If it hasn't been tested, then you presume it's lead. The homeowner's word doesn't mean anything. Besides, there lead in things other than paint. |
#106
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Ridiculous FHA rules
On Thu, 13 Aug 2009 10:57:34 -0400, "Oscar" wrote:
"Smitty Two" wrote in message news In article , "Oscar" wrote: Now read the addendum, I'm not copying/pasting for your convenience. http://realestate.utah.gov/REForms/N...A_addendum.pdf IOW, you don't have Adobe Acrobat, and therefore are unable to copy/paste from a pdf. There, correct user. Anyways, you're wrong, and I have no intentions of sharing with someone too lazy to read facts. BTW, I've addressed it more than once. There's been a couple other people address it also, you must not be reading through the thread, or you have them blocked. I see your lips moving, but I don't hear you answering my question. Here it is again: Did the OP sign a contract agreeing to fix the paint issue, or did he sign a contract saying that he would fix the paint issue IF HE HOPED TO SATISFY THE CONDITIONS OF THE SALE ??????????????????????????????? ?????????????????????????????????????????????????? ??????????????? If you can answer THAT QUESTION, without using the words FHA, or ADDENDUM, then I'm all ears. So, you want to know about the FHA appraiser/inspector discretion per FHA addendum, but don't want to hear about FHA. You need a lot more help than I can give you on Usenet. Oscar, nobody's disagreeing with you that FHA sales have an addendum to the sales contract, that FHA criteria are strict and can't be waived by the buyer, or that the seller may have to do unlimited repairs if they want to sell to this FHA buyer. What some are disagreeing with is the assertion that once you accept the FHA offer (with addendum), the seller is all of a sudden obligated to spend unlimited amounts on repairs to pass the inspection (perhaps beyond the sale price), or face breach of contract charges. That simply isn't true. Obviously, if the seller put "up to $1000" on the addendum, and then refused to even spend that much, they could perhaps be sued, but beyond that amount ($0 if not provided), the seller can always refuse additional repairs, FHA or not, provided they're willing to return the deposit (because at that point, the buyer isn't breaching the contract by backing out) and find another buyer (or this buyer finds alternate financing). Josh |
#107
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Ridiculous FHA rules
In article ,
"Oscar" wrote: "Smitty Two" wrote in message I see your lips moving, but I don't hear you answering my question. Here it is again: Did the OP sign a contract agreeing to fix the paint issue, or did he sign a contract saying that he would fix the paint issue IF HE HOPED TO SATISFY THE CONDITIONS OF THE SALE ??????????????????????????????? ?????????????????????????????????????????????????? ??????????????? If you can answer THAT QUESTION, without using the words FHA, or ADDENDUM, then I'm all ears. So, you want to know about the FHA appraiser/inspector discretion per FHA addendum, but don't want to hear about FHA. You need a lot more help than I can give you on Usenet. Smack. I guess you were right, Salty. I shouldn't have flung myself headlong into the brick wall of stupidity that Oscar calls his head. He appears pathologically incapable of comprehending simple concepts put forth in short, clear, unambiguous sentences. I've had disagreements on a.h.r., but it's rare to find someone who is utterly incapable of understanding the nature of the disagreement. |
#108
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Ridiculous FHA rules
In article
, PatM wrote: On Aug 13, 9:29*am, Smitty Two wrote: In article , wrote: On Mon, 10 Aug 2009 19:12:23 -0700 (PDT), 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. * *Unless you removed ALL paint put on before the 80's and then repainted the raw surfaces, you could have lead paint. *It need not be currently exposed. * A child will chew or teeth on painted surfaces and the lead on old paint can e consumed. * *If I am wrong about my interpertation *... So you're not sure whether this quote: There is a rule, because of lead paint, that any house built before 1978 cannot have any "peeling, checking or flaking paint". means a. *any house built before 1978 cannot have any "peeling, checking, or flaking paint." or b. *any house with lead paint has to have all the lead paint removed? contained or abated; but not removed. Thanks for jumping in to answer my question to someone else, but your answer is neither an option, nor correct. If you want to play, you get to choose from a or b. |
#109
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Ridiculous FHA rules
"Josh" wrote in message ... Oscar, nobody's disagreeing with you that FHA sales have an addendum to the sales contract, that FHA criteria are strict and can't be waived by the buyer, or that the seller may have to do unlimited repairs if they want to sell to this FHA buyer. What some are disagreeing with is the assertion that once you accept the FHA offer (with addendum), the seller is all of a sudden obligated to spend unlimited amounts on repairs to pass the inspection (perhaps beyond the sale price), or face breach of contract charges. That simply isn't true. Obviously, if the seller put "up to $1000" on the addendum, and then refused to even spend that much, they could perhaps be sued, but beyond that amount ($0 if not provided), the seller can always refuse additional repairs, FHA or not, provided they're willing to return the deposit (because at that point, the buyer isn't breaching the contract by backing out) and find another buyer (or this buyer finds alternate financing). That's exactly what I said, somewhere. It doesn't matter whether its $100 or $5000, the seller must fulfill their obligation. I did say initially, back when I sold a place FHA, they never had where you could put caps. I then looked over the revised addendum, and said you _can_ put caps on the limits, I said this numerous times. You can't just shrug your shoulders and walk away like some think, once you commit yourself. Well, you can, but be ready to go to court. Of course, there are those who don't read everything in the thread. |
#110
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Ridiculous FHA rules
"Smitty Two" wrote in message news Smack. I guess you were right, Salty. I shouldn't have flung myself headlong into the brick wall of stupidity that Oscar calls his head. He appears pathologically incapable of comprehending simple concepts put forth in short, clear, unambiguous sentences. I've had disagreements on a.h.r., but it's rare to find someone who is utterly incapable of understanding the nature of the disagreement. To put this in simpleton terms, so you will understand. Painting, roofing, broken windows, broken ceramic etc, all fall under the heading _repairs_. They don't spell out, spend this amount of $$$ on this or that. You agree or disagree to spend x amount on repairs. I know this is going to be another WHOOOSSSHHHHHHH to you, get someone to read to you. One more time, when you sell FHA, you must sign the addendum, whether you want to acknowledge of not. Another WHOOSH! |
#111
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Ridiculous FHA rules
On Thu, 13 Aug 2009 14:58:44 -0400, "Oscar" wrote:
"Josh" wrote in message .. . Oscar, nobody's disagreeing with you that FHA sales have an addendum to the sales contract, that FHA criteria are strict and can't be waived by the buyer, or that the seller may have to do unlimited repairs if they want to sell to this FHA buyer. What some are disagreeing with is the assertion that once you accept the FHA offer (with addendum), the seller is all of a sudden obligated to spend unlimited amounts on repairs to pass the inspection (perhaps beyond the sale price), or face breach of contract charges. That simply isn't true. Obviously, if the seller put "up to $1000" on the addendum, and then refused to even spend that much, they could perhaps be sued, but beyond that amount ($0 if not provided), the seller can always refuse additional repairs, FHA or not, provided they're willing to return the deposit (because at that point, the buyer isn't breaching the contract by backing out) and find another buyer (or this buyer finds alternate financing). That's exactly what I said, somewhere. It doesn't matter whether its $100 or $5000, the seller must fulfill their obligation. I did say initially, back when I sold a place FHA, they never had where you could put caps. I then looked over the revised addendum, and said you _can_ put caps on the limits, I said this numerous times. You can't just shrug your shoulders and walk away like some think, once you commit yourself. Well, you can, but be ready to go to court. Of course, there are those who don't read everything in the thread. Even for those of us who have read everything still disagree with your basic premis that "whether it's $100 or $5000, the seller must fulfill their obligation", because you're not willing to add "or return the buyer's deposit and release them from the sale". Let's say it's not $5000 -- I agree to sell a house for $100,000 to an FHA borrower. Inspector says the house needs a new foundation, septic system, and roof. This will cost $120,000. Are you really claiming that the seller is required to pay $120,000, then sell for $100,000, or be sued for not "fulfilling their obligation"? Ridiculous; if even close to true nobody would ever give an FHA borrower the time of day. Accepting an FHA addendum simply means that if the FHA requirements aren't met, the buyer is allowed to back out with no penalty (deposit returned). Josh |
#112
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Ridiculous FHA rules
"Josh" wrote in message ... On Thu, 13 Aug 2009 14:58:44 -0400, "Oscar" wrote: "Josh" wrote in message . .. Oscar, nobody's disagreeing with you that FHA sales have an addendum to the sales contract, that FHA criteria are strict and can't be waived by the buyer, or that the seller may have to do unlimited repairs if they want to sell to this FHA buyer. What some are disagreeing with is the assertion that once you accept the FHA offer (with addendum), the seller is all of a sudden obligated to spend unlimited amounts on repairs to pass the inspection (perhaps beyond the sale price), or face breach of contract charges. That simply isn't true. Obviously, if the seller put "up to $1000" on the addendum, and then refused to even spend that much, they could perhaps be sued, but beyond that amount ($0 if not provided), the seller can always refuse additional repairs, FHA or not, provided they're willing to return the deposit (because at that point, the buyer isn't breaching the contract by backing out) and find another buyer (or this buyer finds alternate financing). That's exactly what I said, somewhere. It doesn't matter whether its $100 or $5000, the seller must fulfill their obligation. I did say initially, back when I sold a place FHA, they never had where you could put caps. I then looked over the revised addendum, and said you _can_ put caps on the limits, I said this numerous times. You can't just shrug your shoulders and walk away like some think, once you commit yourself. Well, you can, but be ready to go to court. Of course, there are those who don't read everything in the thread. Even for those of us who have read everything still disagree with your basic premis that "whether it's $100 or $5000, the seller must fulfill their obligation", because you're not willing to add "or return the buyer's deposit and release them from the sale". Let's say it's not $5000 -- I agree to sell a house for $100,000 to an FHA borrower. Inspector says the house needs a new foundation, septic system, and roof. This will cost $120,000. Are you really claiming that the seller is required to pay $120,000, then sell for $100,000, or be sued for not "fulfilling their obligation"? Ridiculous; if even close to true nobody would ever give an FHA borrower the time of day. Accepting an FHA addendum simply means that if the FHA requirements aren't met, the buyer is allowed to back out with no penalty (deposit returned). Josh LOL.... NO! If you cap repairs @ $1000. Lets say you have some flaking paint, missing shingles, electrical, broken windows etc. You start fixing, you spend your $1000 you agreed to pay, but you haven't even put a dent in fixing everything. Your obligation is fulfilled. |
#113
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Ridiculous FHA rules
"Josh" wrote in message ... On Thu, 13 Aug 2009 14:58:44 -0400, "Oscar" wrote: "Josh" wrote in message . .. Oscar, nobody's disagreeing with you that FHA sales have an addendum to the sales contract, that FHA criteria are strict and can't be waived by the buyer, or that the seller may have to do unlimited repairs if they want to sell to this FHA buyer. What some are disagreeing with is the assertion that once you accept the FHA offer (with addendum), the seller is all of a sudden obligated to spend unlimited amounts on repairs to pass the inspection (perhaps beyond the sale price), or face breach of contract charges. That simply isn't true. Obviously, if the seller put "up to $1000" on the addendum, and then refused to even spend that much, they could perhaps be sued, but beyond that amount ($0 if not provided), the seller can always refuse additional repairs, FHA or not, provided they're willing to return the deposit (because at that point, the buyer isn't breaching the contract by backing out) and find another buyer (or this buyer finds alternate financing). That's exactly what I said, somewhere. It doesn't matter whether its $100 or $5000, the seller must fulfill their obligation. I did say initially, back when I sold a place FHA, they never had where you could put caps. I then looked over the revised addendum, and said you _can_ put caps on the limits, I said this numerous times. You can't just shrug your shoulders and walk away like some think, once you commit yourself. Well, you can, but be ready to go to court. Of course, there are those who don't read everything in the thread. Even for those of us who have read everything still disagree with your basic premis that "whether it's $100 or $5000, the seller must fulfill their obligation", because you're not willing to add "or return the buyer's deposit and release them from the sale". Let's say it's not $5000 -- I agree to sell a house for $100,000 to an FHA borrower. Inspector says the house needs a new foundation, septic system, and roof. This will cost $120,000. Are you really claiming that the seller is required to pay $120,000, then sell for $100,000, or be sued for not "fulfilling their obligation"? Ridiculous; if even close to true nobody would ever give an FHA borrower the time of day. Accepting an FHA addendum simply means that if the FHA requirements aren't met, the buyer is allowed to back out with no penalty (deposit returned). Josh Darn, wrong id for forum......again LOL.... NO! If you cap repairs @ $1000. Lets say you have some flaking paint, missing shingles, electrical, broken windows etc. You start fixing, you spend your $1000 you agreed to pay, but you haven't even put a dent in fixing everything. Your obligation is fulfilled. |
#114
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Ridiculous FHA rules
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#115
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Ridiculous FHA rules
Seller doesnt have to agree to the €˜subject to repairs from the FHA appraiser. They can even make the buyer pay for them. Been there, done that. That part of the timeline is another time for negotiation.
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