Ask The Realtor!

Is the Seller of a house always the one responsible for the Use and Occupancy?

No, the Seller does not always bear the responsibility of the Use and Occupancy requirements.  However if you are not going to take responsibility you should make that clear from the beginning to your Realtor and any interested buyers.  It is unusual that a Seller does not complete the requirements from the U&O unless it is an Estate, Short Sale or Bank Owned Property.

Would it be better to show a home with furnishings or without?

It is best to show a property with some furnishings.  You do not want a cluttered situation but at least enough to give the buyer a good understanding of where they could put their personal items.  An empty house can provide a cold experience for a buyer and if they do not have vision, they sometimes have difficulty knowing where they will place their own items.

A few ideas would be a couch & coffee table in the living room, a dining room table and 4 chairs in the dining room, a bed and end table in the bedrooms.  Closets should always appear to be empty or 1/2 full.  Excessive knickknacks should be removed and just a few items should remain on the kitchen counters.

Who pays capital gains taxes and who does not?

I cannot provide tax advice as I am not an accountant.  It's always best to consult an accountant regarding tax situations as it seems the laws are always changing and they are best educated to answer those questions.

I accepted a lower offer on my home than I wanted to.  The buyers had the inspections completed and although have not asked for all repairs, have asked for a few.  I feel that I already provided them a good price for the house, my Realtor feels I should complete the repairs as they are not major items.  Is the market still moving?  I'm considering putting it back on.

One thing a Seller should never do is make the assumption that if they accept a lower offer the buyer is not going to ask for repairs after a home inspection.  Many times it seems the buyers feel they paid a good price for the house and when issues come up in an inspection report they want them addressed.  You state that the buyers did not ask for all items, just a few and you further state that the repairs are not major items.  Are there repair items going to become U&O issues?  If so I would complete them. 

You have buyers ready, willing and able to purchase your home.  If you can work this out I would do so.  Take the personal out of it and look at it from a business sense.  Does it make good business sense to complete the minor repairs and continue on with this buyer or are you willing to go back onto the market, perhaps get a lower price for your home, or one equal to the 1st, and deal with the same issues all over again?  If that is your choice remember you are going to be paying taxes, utilities and the mortgage for an extended amount of time while finding another buyer.  There is much to consider in a situation such as this.  Speak to your Realtor and go over the options and choose the one that makes the most sense for you.