According to my research a capital asset is:The IRS indicates what constitutes a real property capital improvement as follows:Fixing a defect or design flawCreating an addition, physical enlargement or expansionCreating an increase in capacity, productivity or efficiencyRebuilding property after the end of its economic useful lifeReplacing a major component or structural part of the propertyAdapting property to a new or different useA repair is as follows:Improvements that "keep" property in efficient operating conditionRestores the property to its previous conditionProtects the underlying property through routine maintenanceIncidental Repair to propertyReference is http://www.dbbllc.com/newsletters/focus/mar2012/irs-clarifies-capital-improvement-vs-repair-expenseNext time I will rent a small excavator, dig my own hole, and put on a Fernco.

Sellers typically  become motivate when they cannot sell the property due to price, defect or simply bad market fundamentals. 

However, in both associations, if they provided incorrect information that you relied on the purchase the unit, I believe the statute should protect you.As far as the title insurer's denial, title insurance acts retrospectively, that is from the Date of Policy back in time and from the information you provided, as of today your title is as insured and there is no defect or cloud on your title. 

The Inspector could not find ONE defect or item for us to correct..

There are various reasons the project may not qualify for financing:  owner occupancy percentage, one individual owns more than 10% of the units, the community is involved in some sort of litigation (usually construction defect), or the HOA finances are bad (underfunded reserves).  

This particular situation depends on the language of the inspection clause....either you have to show there is a major defect, or as is more common, like most standard Realtor As Is contracts, you may cancel for any, or no, reason at all during the inspection period.

What is the defect or problem?

As well, and assuming necessary, once done, you can advertise this upgrade and the positive resulting heating and cooling bills in future marketing when the need arises.For straight rentals (not a property sold via Lease Option, CFD, or other Owner Financing), I never pass large expenses on to my tenants (pretty much anything over $300, unless their fault), but assuming this is a defect or need that I did not see in my pre-purchase home inspection report, I will just deal with it out of my own pocket and earn a bit of positive "good landlord capital" in the process.Good luck with it!

Usually it's a case of the borrower focusing on some perceived defect or "injustice" they believe is crucial to the plaintiff's case, zeroing in on that, then finding out the court sees it as irrelevant. 

But they could uncover some major issue such as a hidden defect or such thing)In summary, make your decision on the numbers not your opinion.