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.
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.

Sell to someone else or suggest the buyers seek another lender.

On Aug 10, 10:12*pm, 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.
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.

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.
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.

What did he recommend? Did you do it?

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.

On Aug 10, 9:12*pm, 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.
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.

You dont know if lead was in the first coats. If he rejected it it
must be peeling so Id say you didnt scrape well enough, have a pro
painter look at it and show you how to do it right.

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.
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.


I agree with the other post. Move on and get another buyer.

"rile" wrote in message
...
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.
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.

Don't sell to a buyer with FHA/VA financing or do as the guy told you the
WAY he told you to do it.....There is no other ways....

"rile" wrote in message
...
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.
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.

Since you already agreed to sell it FHA to a buyer, I hate to tell ya,
you're at their mercy.

I had a property sold FHA, because I thought it would be best being a lower
value house. It was in the area of a military base. Huge mistake on my
part. When I first signed the contract, I attempted to have a dollar amount
affixed of $4,500 for repairs. FHA won't play games, you do what they say.

On Aug 10, 11:03*pm, "benick" wrote:
"rile" wrote in message

...

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.
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.

Don't sell to a buyer with FHA/VA financing or do as the guy told you the
WAY he told you to do it.....There is no other ways....

The guy told us nothing. He just took pictures and put them in a
report. He didn't even show us where the problem areas were located.
It is typical wood siding where the sun hits it all the time. In
fact, on his last inspection after doing everything we could see, he
specified he wanted nobody at the premises when he was there. At $75
a pop, he must need some money on his boat payment of something.

On Aug 10, 10:32*pm, (Doug Miller) wrote:
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.
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.

What did he recommend? Did you do it?



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.- Hide quoted text -

- Show quoted text -

The recommendation I refered to was his recommendation to delay the
mortgage at the buyers bank. He hasn't recommended anything
concerning the house. In fact, in his last inspection, he admitted to
the bank that he wasn't an expert on house paint.

"Oscar" wrote in message
...

"rile" wrote in message
...
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.
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.

Since you already agreed to sell it FHA to a buyer, I hate to tell ya,
you're at their mercy.

I had a property sold FHA, because I thought it would be best being a
lower value house. It was in the area of a military base. Huge mistake on
my part. When I first signed the contract, I attempted to have a dollar
amount affixed of $4,500 for repairs. FHA won't play games, you do what
they say.





And some want the Feds running healthcare....God help us.....

On Aug 10, 11:27*pm, rile wrote:
On Aug 10, 11:03*pm, "benick" wrote:





"rile" wrote in message

....

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.
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.

Don't sell to a buyer with FHA/VA financing or do as the guy told you the
WAY he told you to do it.....There is no other ways....

The guy told us nothing. *He just took pictures and put them in a
report. *He didn't even show us where the problem areas were located.
It is typical wood siding where the sun hits it all the time. *In
fact, on his last inspection after doing everything we could see, he
specified he wanted nobody at the premises when he was there. *At $75
a pop, he must need some money on his boat payment of something.- Hide quoted text -

- Show quoted text -

Wanting nobody on the premises is strange.

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.
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.

I'd assume "the guy" has a supervisor and start appealing up the line.
Years ago, I had a problem with a county building inspector and this is
what I did and got it resolved.

You're never "at the mercy" of a buyer unless you are desperate.
Every buyer has a laundry list of things they want. Usually you agree
to fix some and the lets the others slide. House is sold everyone is
happy. I would have my lawyer contact the buyers with an official
letter demanding they secure a ortgage and set a closing date or the
deal is over. Add the fact that there was no specific repair list and
"inspector"s admissission of lack of expertise. The buyer will get
another mortgage if they really want the house. or they will put
pressure on the lender to get to the bottom of it.



On Aug 10, 11:03*pm, "Oscar" wrote:
Since you already agreed to sell it FHA to a buyer, I hate to tell ya,
you're at their mercy.

I had a property sold FHA, because I thought it would be best being a lower
value house. It was in the area of a military base. *Huge mistake on my
part. When I first signed the contract, I attempted to have a dollar amount
affixed of $4,500 for repairs. FHA won't play games, you do what they say..

"Big Jim" wrote in message
...
You're never "at the mercy" of a buyer unless you are desperate.
Every buyer has a laundry list of things they want. Usually you agree
to fix some and the lets the others slide. House is sold everyone is
happy. I would have my lawyer contact the buyers with an official
letter demanding they secure a ortgage and set a closing date or the
deal is over. Add the fact that there was no specific repair list and
"inspector"s admissission of lack of expertise. The buyer will get
another mortgage if they really want the house. or they will put
pressure on the lender to get to the bottom of it.

You're absolutely wrong when talking about FHA. The homeowner signs a
contract, to sell FHA/VA. Obviously you've never been there. A lawyer can't
modify a contract already entered into, good luck with that one. Been
there, done that.

The more I read your response, the more you show you have no clue. On FHA
there can not be a specific list for repairs. Been there, done that. Do you
not realize the Homeowner already entered into the contract?

Put pressure on the lender? Do you even know what a FHA/VA loan is? Again,
good luck with that one.

A homeowner is generally not required to make any repairs except those
necessary to obtain a C.O (if required). I doubt the seller signed a
contract putting them at the mercy of a lender. Their lawyer would
have seen that during attorney review and killed the deal ASAP. If I
were the homeowner, my lawyer would be earning his pay and I certainly
wouldnt get jerked around by what seems to be a fishy sounding
inspection process. I'd make no unnecessary repairs. If you were a
sucker and got jerked around too bad for you. Most of us with savvy
don't get taken by anyone even the gov't. If the lender refused to
mak the loan the deal would be dead.

On Aug 11, 11:14*am, "Oscar" wrote:

You're absolutely wrong when talking about FHA. The homeowner signs a
contract, to sell FHA/VA. Obviously you've never been there. A lawyer can't
modify a contract already entered into, good luck with that one. Been
there, done that.

The more I read your response, the more you show you have no clue. On FHA
there can not be a specific list for repairs. Been there, done that. Do you
not realize the Homeowner already entered into the contract?

Put pressure on the lender? Do you even know what a FHA/VA loan is? Again,
good luck with that one.

"Big Jim" wrote in message
...
Their lawyer would have seen that during attorney review and killed the
deal ASAP. If I
were the homeowner, my lawyer would be earning his pay and I certainly
wouldnt get jerked around by what seems to be a fishy sounding
inspection process.

You really don't have a clue. When you enter into a contract to sell
FHA/VA, your laywer can't make exceptions. You either sell FHA/VA, or you
don't, it's that simple.

I suggest you don't reply to threads, to which you have no knowledge. The
more you reply, the bigger idiot you become.

In article ,
"Oscar" wrote:

I suggest you don't reply to threads, to which you have no knowledge.

Dammit Oscar, if we all followed that suggestion, there'd only be about
3 post per day on here. The great thing about usenet is seeing how much
bluffing you can get away with.

Oscar wrote:
"Big Jim" wrote in message
...
Their lawyer would have seen that during attorney review and killed the
deal ASAP. If I
were the homeowner, my lawyer would be earning his pay and I certainly
wouldnt get jerked around by what seems to be a fishy sounding
inspection process.

You really don't have a clue. When you enter into a contract to sell
FHA/VA, your laywer can't make exceptions. You either sell FHA/VA, or you
don't, it's that simple.
....

Well, sorta' yes and sorta' no...

Fundamentally all the FHA is is an insurer policy to the lender--there
are certain requirements from FHA but the inspection is actually _not_
specifically theirs. From the FHA.gov site in advice to the potential
buyer--

"The FHA does not guarantee the value or condition of your future home,
and the FHA does not perform home inspections. If you find problems with
your new home after closing, FHA cannot give or lend you money for
repairs, nor can it buy the home back from you. FHA cannot help you in
discussions you may have with the builder or seller.

When you make a written offer on a home, you should insist that the
contract states that the offer is contingent (dependent) on a
satisfactory (to the buyer) home inspection conducted by a qualified
inspector. If you are satisfied with the results of the inspection, then
you can proceed with your offer or make a counter offer if the results
are not satisfactory."

So, as far as the FHA is concerned, its up to the buyer to accept/reject
the results of the inspection and it is normally the buyer's nickel to
pay for same. It sounds as if in this instance the lender the potential
buyer is using is taking over the prerogatives of the buyer buy refusing
to approve the deal even if the potential buyer is satisfied.

Probably not too much the seller can do there unless the buyer is
willing to push as he doesn't have a lot of clout; the lender probably
isn't really concerned about the deal closing. If this is a represented
sale, one would think the realty agent should be earning their keep in
expediting this; if it's a private sale then the lawyer route may be
best alternative--of course, in that case it's probably unwise to not
proceed w/o at least a token, cursory representation even as seller. Of
course, there's also the potential conflict of interest issue w/ realty
agents depending on which State has jurisdiction; some have much more
stringent guidelines than others for disclosure of their potential/real
conflicts of interest.

And, of course, the other sticky wicket has to do w/ the particular
state requirements for inspection/condition; some of them are quite
onerous in my view but certainly shouldn't be this difficult to meet for
a house in reasonable condition. Finding out just what are the actual
requirements is another piece of information the seller needs to find
out and see what, if anything, is actually not fulfilled that is a
requirement other than just taking the inspector's word for it.

I'd also suggest a call to the FHA for straight skinny from them
1-800-CALL-FHA (225-5342).

There certainly is also a cottage industry of inspectors many of whom
are nothing more than barely over scams; sounds like there may be a
problem there. There are State oversight and registrations for these
folks; should check up on this person/company and also there may be an
illegal sweetheart deal w/ the appraiser/inspector/lender.

All in all, it really sounds as though the OP simply hasn't done much
actual research on the actual requirements to be met nor used many
(any?) of the resources available to him to find out what has to be
done, who says so, and how--seemingly simply relying on the buyers
agents to do so who aren't actually in his employ and therefore serving
his interest. Altho it begs the question of why, if he is paying for
these inspections, the information seems to be being taken solely for
the benefit of the purchaser--altho this is the normal role, it isn't a
COI because the buyer normally is the purchaser of the service and so
the inspector is in his employ. If that isn't the case here, that is
definitely a COI and is probably at least against a State code of ethics
if not actually a violation of statute.

All as a long-winded way of say the OP needs to get somebody on his
nickel and if the inspector is, slap him up the side 'o the head w/ the
fact he's getting paid by one side and seemingly working for the other
in the deal.

--

"dpb" wrote in message
...

snip
All as a long-winded way of say the OP needs to get somebody on his
nickel and if the inspector is, slap him up the side 'o the head w/ the
fact he's getting paid by one side and seemingly working for the other in
the deal.

Actually, Big Jim reminds me of myself, back when I didn't have a clue
about FHA. People tried to give me advice _not_ to sell FHA. I was one of
these, yeah I'll get my lawyer. Well, lawyer's don't give advice for free,
if you have one on a retainer, it's still not free. Bottom line, you're not
gonna break a contract, without paying through the nose.

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.

Repainting over lead paint does not stop it from being a problem.
All lawyers of paint that may contain the lead must be removed to
assure there is no problem.

I don't know what the law says must be done but I would bet the FHA
does have a recommended procedure. Have you asked them what needs to
be done? They are the ones you need to make happy. You may need to
go over the inspector's head.

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.

In article , rile wrote:
The recommendation I refered to was his recommendation to delay the
mortgage at the buyers bank. He hasn't recommended anything
concerning the house. In fact, in his last inspection, he admitted to
the bank that he wasn't an expert on house paint.

Did he state why he rejected the house?

If so, have you corrected the problems?
If not, have you asked him why?

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.

Oscar wrote:
"dpb" wrote in message
...

snip
All as a long-winded way of say the OP needs to get somebody on his
nickel and if the inspector is, slap him up the side 'o the head w/ the
fact he's getting paid by one side and seemingly working for the other in
the deal.

Actually, Big Jim reminds me of myself, back when I didn't have a clue
about FHA. People tried to give me advice _not_ to sell FHA. I was one of
these, yeah I'll get my lawyer. Well, lawyer's don't give advice for free,
if you have one on a retainer, it's still not free. Bottom line, you're not
gonna break a contract, without paying through the nose.

Afaict there is no contract w/ the seller at this point...he apparently
has an offer but that's no contract...

In general, one is incredibly shortsighted to undertake a major
transaction w/o the services of appropriate counsel...

--

Here in NJ you are considered a fool to buy/sell real estate without
an attorney. I don't know where you are at but here's how it works in
NJ. 1.Seller places home for sale at a price. 2. Buyer likes house ,
makes offer. 3. If offer is reasonable, contracts are drawn up with
estimated closing date, guarantee of C.O. if necessary , buyer agrees
to secure funding, buyer can inspect home and reject for defects and
so forth. 4.Attorneys review contract make changes if necessary. 5.
Buyer pays for inspections . 6. List of deficiencies is presented to
seller. 7. Seller agrees to fix some or allof them. 8. Buyer agrees
or walks away. 9. On closing day money changes hands and papers are
signed.. Of course the lender can reject a home with major defects
and therefore buyer cant buy and deal is dead. Just because you got
played doesnt mean everyone is like you. I've sold and bought several
houses. I've rejected buyers for wanting too much and walked away as a
buyer when seller wouldn't fix things. . My current home is 1935
vintage. Sure there may be some lead paint under layers of latex.
When I sell it I of course will repaint as necessary for appearance
but any buyer who thinks I will pay for total stripping etc can go
elsewhere.. I dont care who his mortgage lender is.


On Aug 11, 12:49*pm, "Oscar" wrote:
You really don't have a clue. When you enter into a contract to sell
FHA/VA, your laywer can't make exceptions. You either sell FHA/VA, or you
don't, it's that simple.

I suggest you don't reply to threads, to which you have no knowledge. The
more you reply, the bigger idiot you become.

"dpb" wrote in message
...

Afaict there is no contract w/ the seller at this point...he apparently
has an offer but that's no contract...


You missed the OP original statement. "We are selling a house to a buyer
using an FHA mortgage."
FHA just doesn't go around inspecting houses, because someone is thinking
about buying this one or that one. There must be an offer & acceptance.
Thing is, FHA goes in after the acceptance, at least they did in my case.
The way the OP sounds, they're doing it the same way to them.

In general, one is incredibly shortsighted to undertake a major
transaction w/o the services of appropriate counsel...

I'll tell ya, it was a while ago when I sold FHA, and a lesson well
learned. Unfortunately, they are unscruptulous realtors (like you didn't
already know this), which will talk people into selling FHA/VA, without
telling the drawbacks.

"Big Jim" wrote in message
...
Here in NJ you are considered a fool to buy/sell real estate without
an attorney. I don't know where you are at but here's how it works in
NJ. 1.Seller places home for sale at a price. 2. Buyer likes house ,
makes offer. 3. If offer is reasonable, contracts are drawn up with
estimated closing date, guarantee of C.O. if necessary , buyer agrees
to secure funding, buyer can inspect home and reject for defects and
so forth. 4.Attorneys review contract make changes if necessary. 5.
Buyer pays for inspections . 6. List of deficiencies is presented to
seller. 7. Seller agrees to fix some or allof them. 8. Buyer agrees
or walks away. 9. On closing day money changes hands and papers are
signed.. Of course the lender can reject a home with major defects
and therefore buyer cant buy and deal is dead. Just because you got
played doesnt mean everyone is like you. I've sold and bought several
houses. I've rejected buyers for wanting too much and walked away as a
buyer when seller wouldn't fix things. . My current home is 1935
vintage. Sure there may be some lead paint under layers of latex.
When I sell it I of course will repaint as necessary for appearance
but any buyer who thinks I will pay for total stripping etc can go
elsewhere.. I dont care who his mortgage lender is.

================ Can you turn off the HTML?======== Reply below===========

Jim,

You're talking a conventional loan, it has nothing to do with a FHA/VA
loan. You have no knowledge of a FHA loan, the more you try to explain
away, the more you show, you know nothing about FHA.

On Tue, 11 Aug 2009 16:22:49 -0400, "Oscar" wrote:


"dpb" wrote in message
...

snip
All as a long-winded way of say the OP needs to get somebody on his
nickel and if the inspector is, slap him up the side 'o the head w/ the
fact he's getting paid by one side and seemingly working for the other in
the deal.

Actually, Big Jim reminds me of myself, back when I didn't have a clue
about FHA. People tried to give me advice _not_ to sell FHA. I was one of
these, yeah I'll get my lawyer. Well, lawyer's don't give advice for free,
if you have one on a retainer, it's still not free. Bottom line, you're not
gonna break a contract, without paying through the nose.



Actually, all he has to do is... NOTHING.

The house has failed the buyer's inspection. The seller has NO
obligation to make it pass. If the contract stipulated that the house
must pass the inspection fopr the deal to be completed, then guess
what? Game, set, match.

On Tue, 11 Aug 2009 18:53:12 -0400, "Oscar" wrote:


"Big Jim" wrote in message
...
Here in NJ you are considered a fool to buy/sell real estate without
an attorney. I don't know where you are at but here's how it works in
NJ. 1.Seller places home for sale at a price. 2. Buyer likes house ,
makes offer. 3. If offer is reasonable, contracts are drawn up with
estimated closing date, guarantee of C.O. if necessary , buyer agrees
to secure funding, buyer can inspect home and reject for defects and
so forth. 4.Attorneys review contract make changes if necessary. 5.
Buyer pays for inspections . 6. List of deficiencies is presented to
seller. 7. Seller agrees to fix some or allof them. 8. Buyer agrees
or walks away. 9. On closing day money changes hands and papers are
signed.. Of course the lender can reject a home with major defects
and therefore buyer cant buy and deal is dead. Just because you got
played doesnt mean everyone is like you. I've sold and bought several
houses. I've rejected buyers for wanting too much and walked away as a
buyer when seller wouldn't fix things. . My current home is 1935
vintage. Sure there may be some lead paint under layers of latex.
When I sell it I of course will repaint as necessary for appearance
but any buyer who thinks I will pay for total stripping etc can go
elsewhere.. I dont care who his mortgage lender is.

================ Can you turn off the HTML?======== Reply below===========

Jim,

You're talking a conventional loan, it has nothing to do with a FHA/VA
loan. You have no knowledge of a FHA loan, the more you try to explain
away, the more you show, you know nothing about FHA.





Lead [aint in houses is mitigated by painting over it. I have never
heard of anybody removing it, except when remodeling interior spaces.

wrote in message
...
On Tue, 11 Aug 2009 16:22:49 -0400, "Oscar" wrote:
Actually, all he has to do is... NOTHING.

The house has failed the buyer's inspection. The seller has NO
obligation to make it pass. If the contract stipulated that the house
must pass the inspection fopr the deal to be completed, then guess
what? Game, set, match.


FHA is nothing like a selling conventional or even _as is_. When you
_agree_ to sell FHA, you must meet their regulations, not yours. In fact,
you can't sell FHA _as is_. That is part of the selling procedure.

Oscar got taken and is angry that not everyone is as clueless as he
is. NO lender, buyer etc can force anyone to make major repairs.
They can deny the loan but that's it.

On Aug 11, 8:08*pm, "Oscar" wrote:
wrote in message

...

On Tue, 11 Aug 2009 16:22:49 -0400, "Oscar" wrote:
Actually, all he has to do is... NOTHING.

The house has failed the buyer's inspection. The seller has NO
obligation to make it pass. If the contract stipulated that the house
must pass the inspection fopr the deal to be completed, then guess
what? Game, set, match.

FHA is nothing like a selling conventional or even _as is_. When you
_agree_ to sell FHA, you must meet their regulations, not yours. In fact,
you can't sell FHA _as is_. That is part of the selling procedure.

Oscar wrote:
"Big Jim" wrote in message
...
Here in NJ you are considered a fool to buy/sell real estate without
an attorney. I don't know where you are at but here's how it works in
NJ. 1.Seller places home for sale at a price. 2. Buyer likes house ,
makes offer. 3. If offer is reasonable, contracts are drawn up with
estimated closing date, guarantee of C.O. if necessary , buyer agrees
to secure funding, buyer can inspect home and reject for defects and
so forth. 4.Attorneys review contract make changes if necessary. 5.
Buyer pays for inspections . 6. List of deficiencies is presented to
seller. 7. Seller agrees to fix some or allof them. 8. Buyer agrees
or walks away. 9. On closing day money changes hands and papers are
signed.. Of course the lender can reject a home with major defects
and therefore buyer cant buy and deal is dead. Just because you got
played doesnt mean everyone is like you. I've sold and bought several
houses. I've rejected buyers for wanting too much and walked away as a
buyer when seller wouldn't fix things. . My current home is 1935
vintage. Sure there may be some lead paint under layers of latex.
When I sell it I of course will repaint as necessary for appearance
but any buyer who thinks I will pay for total stripping etc can go
elsewhere.. I dont care who his mortgage lender is.

================ Can you turn off the HTML?======== Reply below===========

Jim,

You're talking a conventional loan, it has nothing to do with a FHA/VA
loan. You have no knowledge of a FHA loan, the more you try to explain
away, the more you show, you know nothing about FHA.





Can't address the FHA part, but here in MI, I asked a lawyer buddy about
hiring a real estate lawyer when I bought this place. He said not to
bother- in MI they use boilerplate contracts when you buy through a
realtor and title company, and They Will Not Change Them. Legal term is
'take it or leave it'. Private-party sales, of course, would be different.

My deal was as vanilla as it gets, so I didn't bother to explore other
alternatives, and it all sailed through in days.

--
aem sends...

Oscar wrote:
"dpb" wrote in message
...

Afaict there is no contract w/ the seller at this point...he apparently
has an offer but that's no contract...


You missed the OP original statement. "We are selling a house to a buyer
using an FHA mortgage."
FHA just doesn't go around inspecting houses, because someone is thinking
about buying this one or that one. There must be an offer & acceptance.

Obviously there's an offer; apparently OP is satisfied w/ the pricing as
he made some attempts to satisfy the conditions of an (pretty obviously
contingent) inspection but that still doesn't lead to there actually
being any contract yet in place. There's an existing document that
could conceivably turn _INTO_ a contract, but it ain't one at this point.

For example, seller (OP) could instead of continuing the aforementioned
charade simply make a counter offer of something like $X for buyer to
accept w/ the existing report. Ball is then in buyer's court and
negotiations can continue from there or one party says "no mas" and
retires from the battle. In OP's shoes unless I were _truly_desperate_
for the sale I'd probably simply say "as is w/ report noted" but with
attached statement regarding whatever is own interpretation of the
particular situation (in this case the Pb paint issue) if didn't think
the inspection report accurate or as in this case overblowing the
seriousness of a finding ending in, in essence, "take it or leave it"
and let them decide how badly they want the house. Most folks by the
time they actually make an offer are emotionally committed and they'll
concede the small stuff.

Thing is, FHA goes in after the acceptance, at least they did in my case.
The way the OP sounds, they're doing it the same way to them.

As the previous quote from the FHA says, they don't do inspections at
all; it's your job (or the lender's to see you do yours). Thus it's
really whatever _the_lender_ requires rather than FHA--FHA doesn't
really care, specifically. That was what was when last dealt w/ one;
the verbiage at www.fha.gov doesn't read any different in quick look-see
on that point than did 30 years ago. The problem is that to meet the
other requirements for qualifying for the insurance they have to show in
essence extreme diligence so their (the lender's, that is) requirements
are more stringent than for a conventional mortgage.

In short, afaict from a quick perusal of the FHA site, whatever is this
hangup has more to do w/ the lender's procedures w/ FHA mortgages than
it does w/ FHA per se. That may seem like a minor difference but it's
significant.

--

"Big Jim" wrote in message
...
Oscar got taken and is angry that not everyone is as clueless as he
is. NO lender, buyer etc can force anyone to make major repairs.
They can deny the loan but that's it.


======Still haven't found the HTML button eh?======= Answer below

Well Jim, Here is an addendum, the seller _must sign_ when selling FHA
(all states have the addendum). I do notice they have areas now, where the
seller can put a cap on the $$ amounts to bring it up to FHA minimum
standards.

Just so you know, when you sign a contract, you have contractual
obligations. You appear to be the type, which would want to shrug them off.
That's when the buyer takes you to court.

Now, how's the crow taste? BTW, there's no charge for teaching you a
lesson.
http://realestate.utah.gov/REForms/N...A_addendum.pdf

"dpb" wrote in message
...
Oscar wrote:
"dpb" wrote in message
...

Afaict there is no contract w/ the seller at this point...he apparently
has an offer but that's no contract...


You missed the OP original statement. "We are selling a house to a
buyer using an FHA mortgage."
FHA just doesn't go around inspecting houses, because someone is
thinking about buying this one or that one. There must be an offer &
acceptance.

Obviously there's an offer; apparently OP is satisfied w/ the pricing as
he made some attempts to satisfy the conditions of an (pretty obviously
contingent) inspection but that still doesn't lead to there actually
being any contract yet in place. There's an existing document that could
conceivably turn _INTO_ a contract, but it ain't one at this point.

Every state has this addendum. The seller _must_ sign it b/4 selling FHA. I
do notice, they have where the seller can put a $$ amount in, in order to
cap off meeting FHA minimum standards.
http://realestate.utah.gov/REForms/N...A_addendum.pdf

Oh, but you are wrong, it is a contract. Stating there's not one now, the
seller would have to be a lunatic to go through what they are going
through, just because someone is interested? Surely you're smarter than
that.

"dpb" wrote in message
...
Oscar wrote:
"dpb" wrote in message
...

As the previous quote from the FHA says, they don't do inspections at
all; it's your job (or the lender's to see you do yours). Thus it's
really whatever _the_lender_ requires rather than FHA--FHA doesn't really
care, specifically. That was what was when last dealt w/ one; the
verbiage at www.fha.gov doesn't read any different in quick look-see on
that point than did 30 years ago. The problem is that to meet the other
requirements for qualifying for the insurance they have to show in
essence extreme diligence so their (the lender's, that is) requirements
are more stringent than for a conventional mortgage.

Snipped this, and really didn't want to.

You're absolutely right, if I said somewhere FHA does inspections, it's not
a regular home inspection. Their inspection is from the appraiser, to make
sure it meets FHA minimum standards.

wrote in message
...
On Tue, 11 Aug 2009 20:08:02 -0400, "Oscar" wrote:


wrote in message
. ..
On Tue, 11 Aug 2009 16:22:49 -0400, "Oscar" wrote:
Actually, all he has to do is... NOTHING.

The house has failed the buyer's inspection. The seller has NO
obligation to make it pass. If the contract stipulated that the house
must pass the inspection fopr the deal to be completed, then guess
what? Game, set, match.


FHA is nothing like a selling conventional or even _as is_. When you
_agree_ to sell FHA, you must meet their regulations, not yours. In fact,
you can't sell FHA _as is_. That is part of the selling procedure.

But what dog is saying is the owner can simply refund the deposit and
tell the buyer this house will not ever pass FHA inspection it seems
and be gone.


No, the seller has obligations, which they are contractually bound by. I
see they do have places now, for the seller to cap off the $$ amount for
certain standards. This does not relieve them from their contractual
obligations. Since they now have $$ amount caps. I would say you're right,
once the contractual obligation is fulfilled.

Every state has this addendum, which _must_ be signed by both parties, in
order to go FHA.

http://realestate.utah.gov/REForms/N...A_addendum.pdf

Yes it says seller will pay _____ . Seller can write in $0. That
means house sold "as-is". They can't force you to spend anything.
The last line has the option to reject the addendum. Seller simply
signs that and house is still sold "as-is". Lender and/or buyer can
walk away but seller is under no obligation to fix anything. See you
learned something today. If I were selling my home right now and that
sheet came in front of me I'd write $0 for repairs and sign the
rejection option.if a number was written in there I didnt like. .
Pest inspection is standard for seller so that is no biggie.
So aren't you wiser now. MAybe next time you sell a house you'll get
a lawyer and not get ripped.


On Aug 11, 9:20*pm, "Oscar" wrote:
"Big Jim" wrote in message

...
Oscar got taken and is angry that not everyone is as clueless as he
is. *NO lender, buyer etc can force anyone to make major repairs.
They can deny the loan but that's it.

======Still haven't found the HTML button eh?======= Answer below

Well Jim, *Here is an addendum, the seller _must sign_ when selling FHA
(all states have the addendum). I do notice they have areas now, where the
seller can put a cap on the $$ amounts to bring it up to FHA minimum
standards.

Just so you know, when you sign a contract, you have contractual
obligations. You appear to be the type, which would want to shrug them off.
That's when the buyer takes you to court.

Now, how's the crow taste? *BTW, there's no charge for teaching you a
lesson.http://realestate.utah.gov/REForms/N...A_addendum.pdf

"Big Jim" wrote in message
...
Yes it says seller will pay _____ . Seller can write in $0. That
means house sold "as-is". They can't force you to spend anything.
The last line has the option to reject the addendum. Seller simply
signs that and house is still sold "as-is". Lender and/or buyer can
walk away but seller is under no obligation to fix anything. See you
learned something today. If I were selling my home right now and that
sheet came in front of me I'd write $0 for repairs and sign the
rejection option.if a number was written in there I didnt like. .
Pest inspection is standard for seller so that is no biggie.
So aren't you wiser now. MAybe next time you sell a house you'll get
a lawyer and not get ripped.

========Turn off your HTML=======

Goodness Jim, I don't like to name call, but you're a simpleton.

The OP is doing this work, because obviously they filled in a $$ amount.

If you reject selling FHA, that's no biggie. We ARE talking about the OP's
case, exactly what is over your head here?

Look, if you say your willing to sell FHA, then reject it, you won't sell
FHA. Didn't I tell you b/4, you either do, or don't?

You can't sell FHA as is, you must meet their minimum standards. What don't
you understand about this?

You can't even figure out how to post, LOL, and here you are trying to tell
someone how to sell FHA. You definately made my night! LOL, thank you!

In article , "Oscar" wrote:


========Turn off your HTML=======

Jim isn't posting in HTML, Oscar -- if he were, I'd see the tags, because my
newsreader doesn't render HTML. If you're seeing what you think is HTML in
Jim's posts, it's because of a configuration problem on *your* computer, not
his.

If there was a number the OP did not mention. It sounds as if he is
being jerked around by an inspector. I agree there should be no
complaint if he signed that form and there is a dollar amount in that
blank. I'm sorry you got ripped off . You just cant understand that
other than C.O . and temites a seller really has no legal obligation
to fix anything. The buyer and lender are free to walk. FHA, DOT,
BBC, NYC, TNT, DDT whoever cannot force anyone to fix anything unless
it is agreed to in a contract.


On Aug 11, 9:53*pm, "Oscar" wrote:
"Big Jim" wrote in message

...
Yes it says seller will pay _____ . Seller can write in $0. *That
means house sold "as-is". They can't force you to spend anything.
The last line has the option to reject the addendum. Seller simply
signs that and house is still sold "as-is". Lender and/or buyer can
walk away but seller is under no obligation to fix anything. *See you
learned something today. *If I were selling my home right now and that
sheet came in front of me I'd write $0 for repairs and sign the
rejection option.if a number was written in there I didnt like. .
Pest inspection is standard for seller so that is no biggie.
So aren't you wiser now. *MAybe next time you sell a house you'll get
a lawyer and not get ripped.

========Turn off your HTML=======

Goodness Jim, I don't like to name call, but you're a simpleton.

The OP is doing this work, because obviously they filled in a $$ amount.

If you reject selling FHA, that's no biggie. We ARE talking about the OP's
case, exactly what is over your head here?

Look, if you say your willing to sell FHA, then reject it, you won't sell
FHA. Didn't I tell you b/4, you either do, or don't?

You can't sell FHA as is, you must meet their minimum standards. What don't
you understand about this?

You can't even figure out how to post, LOL, and here you are trying to tell
someone how to sell FHA. You definately made my night! LOL, thank you!