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A Kentucky purchase agreement specifies that the seller must provide clear title at closing. The title search reveals an old, unsatisfied mechanic's lien on the property. The seller refuses to pay off the lien before closing. Which of the following best describes the buyer's legal options under Kentucky contract law?

Correct Answer

B) The buyer may declare the contract voidable and demand return of earnest money, or seek specific performance

Under Kentucky contract law, a seller's failure to deliver clear title as specified in the purchase agreement constitutes a material breach of contract. The buyer may elect to declare the contract voidable and demand the return of their earnest money, or alternatively seek specific performance (compelling the seller to cure the title defect and complete the sale). These are the standard remedies available to a non-breaching party in Kentucky.

Answer Options
A
The buyer must proceed to closing and resolve the lien independently after taking title
B
The buyer may declare the contract voidable and demand return of earnest money, or seek specific performance
C
The buyer must accept the property with the lien and pursue the seller for damages afterward
D
The buyer must obtain title insurance before they can exercise any contractual remedy

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Related Topics & Key Terms

Key Terms:

breach_of_contractclear_titlespecific_performancemechanic_lienbuyer_remedies

Related Concepts

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.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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