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A West Virginia buyer signs a purchase agreement contingent on obtaining financing. If the buyer cannot get a loan, the buyer may:

Correct Answer

B) Cancel the contract and receive the earnest money back

A financing contingency protects the buyer. If the buyer is unable to obtain financing within the specified terms and timeframe, they may cancel the contract and receive a full refund of their earnest money deposit.

Answer Options
A
Sue the lender for breach of contract
B
Cancel the contract and receive the earnest money back
C
Force the seller to provide owner financing
D
Extend the closing automatically by 90 days

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Related Topics & Key Terms

Related Topics:

inspection-contingencyappraisal-contingencybuyer-protection

Key Terms:

financing contingencycancelearnest refundbuyer protection

Related Concepts

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

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