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An Idaho purchase agreement includes an addendum stating that the sale is contingent on the seller finding suitable replacement housing within 30 days. After 25 days, the seller has not found replacement housing and notifies the buyer that the contingency has not been satisfied. The buyer insists the seller must still complete the sale. Which of the following is the most accurate statement?

Correct Answer

B) The seller may void the contract because the contingency was not satisfied and proper notice was given within the contingency period

A seller's replacement housing contingency is a valid contractual condition that benefits the seller. When the condition is not met and the seller provides notice within the contingency period, the seller may exercise the right to void the contract. The seller is not required to wait until the full 30 days expire before notifying the buyer that the contingency has failed.

Answer Options
A
The seller must complete the sale because 30 days had not yet elapsed when the seller gave notice
B
The seller may void the contract because the contingency was not satisfied and proper notice was given within the contingency period
C
The buyer can force the sale by waiving the contingency on the seller's behalf
D
The contingency is unenforceable because it benefits the seller rather than the buyer

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Related Topics & Key Terms

Key Terms:

seller_contingencyreplacement_housingpurchase_agreementcontract_conditions

Related Concepts

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

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