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A South Dakota purchase agreement contains a financing contingency. If the buyer cannot obtain financing, the buyer may:

Correct Answer

B) Cancel the contract and receive the earnest money back

A financing contingency protects the buyer by allowing them to cancel the contract and receive a refund of earnest money if they are unable to obtain financing within the specified timeframe and conditions.

Answer Options
A
Sue the seller for damages
B
Cancel the contract and receive the earnest money back
C
Force the seller to provide financing
D
Automatically extend the closing date by 60 days

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Related Topics & Key Terms

Related Topics:

inspection-contingencyappraisal-contingencyearnest-money-refundcontract-conditions

Key Terms:

financing contingencyearnest money refundcancellationbuyer protectionloan denial

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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