Who is responsible the Lender or Seller?

UPDATED: Jul 6, 2009

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Who is responsible the Lender or Seller?

I just signed papers on new home FHA. In contract, basement bathroom needed repairs. Lender (bank) stated this could not be in contract for the deal to close, they forced seller to make repairs. Seller was going to give me 600 to make repairs but did not due to the seller now making repairs. Lender told me inspector would verify work was completed. After I got ok from bank inspector, I went ahead and signed papers. I went to new home, bathroom was not completed and looked terrible. I don’t believe inspector went to home and bank will not return my call when I requested proof, via pictures.

Asked on July 6, 2009 under Real Estate Law, Ohio


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

When you sign papers -- any legal papers -- you put yourself in a position where it is expected and assumed that you have taken reasonable steps to inform yourself of the facts.  It's quite possible that you have given up your rights to have this taken care of, by not going and looking for yourself.

It's possible that you may be able to go after the inspector, and possibly the bank, if you can prove that they deliberately misled you for their own benefit.  You need to discuss this with a lawyer, because I can almost guarantee that you will not get far taking on the bank's attorneys on your own.

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