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Sounds like you have an illegal use as a multi-family, which would mean it is not acceptable for FHA financing. You just can't ignore the unit on the 3rd level, which is what makes it the illegal use.
I'd write a letter with photos to the client, describe what is there, tell them the concerns of it being an illegal use and unacceptable, and see what they say. At the very least you should get an inspection fee.