If the seller backs out for some reason or something else causes the loan to fall through, you won’t get your money back. Now you’ve paid for repairs on a home that you don’t own. Typically, the seller should cover the FHA repairs necessary for your loan to go through.

To pass an FHA inspection, however, your foundation must be free of significant cracks as well as ongoing water damage or evidence thereof. FHA inspectors look up as well as down. Your attic and roof need to be in good repair. An FHA inspection will require that you fix any water damage or holes in the roof.

An FHA inspection is an in-depth analysis of the home. It is looking for structural issues, hazards, and makes sure the home is in good livable condition while meeting the FHA minimum property standards. The FHA inspection also verifies the true market value of the home.

The FHA does not require the repair of cosmetic or minor defects, deferred maintenance, and normal wear if they do not affect the safety, security, or soundness of the home. 2 The FHA says that examples of such problems include, but are not limited to, the following: Missing handrails.

There’s no law that can compel a seller to accept FHA financing, though sellers artificially limit their buyer pool by doing so. Buyers, though, can help their cause by agreeing to an “as is” appraisal, for one. They might also consider asking for less in seller contributions to help with closing costs.

Pest damage, low appraisals, claims to title, and defects found during the home inspection may slow down closing. There may be cases where the buyer or seller gets cold feet or financing may fall through. Other issues that can delay closing include homes in high-risk areas or uninsurability.

The buyer must be able to obtain a mortgage for the property, usually within a specific period of time of signing the contract. Sometimes a condition can be written into the contract whereby if the financing falls through, the contract is nullified.

What the Seller Can Do when the Deal Falls Through. The seller may have the option to sue the buyer that breaks the deal, but he or she can also seek other options that can help salvage the loss of the initial sale. By taking the earnest money, this person can relist the property and seek a new buyer.

How often do house sales fall through? The frequency of fall-throughs changes month by month, so there is no headline figure. But in recent years, there have been times when half of all property sales have fallen through after the sale has been agreed, whereas at other times, the figure is more like 20 to 30%.

Contractual Options The first is to grant the seller more time by having your agent or attorney prepare an addendum to the contract that delays closing by however much time the seller needs. You may ask for a credit if the arrangement results in out-of-pocket expenses, such as additional rent or mortgage payments.

Review the details in the contract to see what the allowable time is for a delay on the part of the seller. Usually a 30-day window is applicable. However, if the house closing delayed by the seller moves beyond the allowable window, the seller could be liable for financial losses incurred by the buyer due to a delay.

Although failure to close by the seller on the specified contract date might result in breach of contract, a buyer must be able to prove actual damages before a court will award monetary compensation. As such, courts will award damages if a buyer can prove a quantifiable amount.

The standard conditions provide that if the buyer fails to complete after a notice to complete has been served, the seller may rescind the contract, and, if the seller does so, it may forfeit and keep the deposit and accrued interest.