If this occurs, the buyer can no longer claim to have suffered a total failure of consideration.
However, first-time buyers can't claim the above relief if buying a mixed use property.
Where the damage is not material, the buyer must accept the delivery of the goods, and then claim damages.
The buyer may also claim any wasted necessary expenditure.
Being a bona fide possessor, the buyer could also claim for any improvements made to the property, this from the true owner.
The buyer claimed the problem had been concealed but found he had no case.
The buyers claimed to regard the whole contract as repudiated.
The buyer claimed that the contract was severable, accepted one lot and rejected the other for breach of condition.
The buyer claimed to be from some technical school.
Eligible buyers claim the credit when they file Federal income tax returns for the year they bought their homes.