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A buyer in Norwalk, Connecticut is under contract to purchase a home with a 21-day mortgage contingency. On day 19, the buyer receives a conditional commitment letter from the lender, but it requires the buyer to pay off an existing car loan before closing. The buyer does not notify the seller about the conditional commitment and does not pay off the car loan. On day 22, the buyer attempts to terminate the contract under the mortgage contingency, claiming the commitment was not satisfactory. The seller argues the buyer waived the contingency. Which analysis is most accurate under Connecticut contract law?

Correct Answer

B) The seller is correct that the contingency was waived, because the buyer received a commitment letter within the 21-day period and failed to timely notify the seller of an intent to terminate

This is a nuanced contingency waiver scenario. The buyer received a commitment letter (even if conditional) on day 19, within the 21-day contingency period. Under Connecticut contract principles, if the buyer received a commitment but did not timely notify the seller of intent to terminate the contract based on the commitment's conditions, the buyer may be found to have waived the contingency by inaction. The attempt to terminate on day 22 — after the contingency deadline — is untimely. Courts and practitioners in Connecticut recognize that a buyer who receives a commitment within the contingency window and does not act to terminate within that window may lose the right to invoke the contingency.

Answer Options
A
The buyer may terminate because a conditional commitment does not satisfy a mortgage contingency requiring a full written commitment
B
The seller is correct that the contingency was waived, because the buyer received a commitment letter within the 21-day period and failed to timely notify the seller of an intent to terminate
C
The buyer's termination is valid because Connecticut law requires all mortgage commitments to be unconditional to satisfy a financing contingency
D
The seller must accept the termination because the car loan payoff requirement makes the commitment legally deficient under Connecticut banking regulations

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Related Topics & Key Terms

Key Terms:

mortgage_contingencycontingency_waiverconditional_commitmentdeadlinebuyer_default

Related Concepts

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.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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