I appreciate everyone's response. As of this afternoon the buyer's lender has agreed to continue with the loan process as long as we sign a new Purchase and Sale agreement when the 90 day seasoning is over and we extend the closing date to the end of February. The 91st day of seasoning will be this Friday.
I talked with several lenders today and the general answer was "even though there is a waiver on the 90 day rule they still must follow the rule on FHA loans due to lender overlays they have in place." I guess it's for CYA purposes.
I will visit several other lenders next week to see if I can find one that recoginizes the waiver so I can send them some business in the future. In the mean time if any of you know of lenders that honor the waiver, please let me know.
J Scott..You said you closed dozens of these last year. If you have a lender you are using on these I would appreciate some names. I am in the west metro Atlanta area.
Again, thanks to all your responses.