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In a Massachusetts purchase and sale agreement, a mortgage contingency clause primarily protects which party?

Correct Answer

B) The buyer, by allowing withdrawal from the contract if financing cannot be obtained

A mortgage contingency clause in a Massachusetts purchase and sale agreement protects the buyer by allowing them to void the contract and recover their deposit if they are unable to obtain a mortgage commitment by the specified deadline. This is a standard protective provision under Massachusetts contract law and practice.

Answer Options
A
The seller, by guaranteeing the buyer will obtain financing
B
The buyer, by allowing withdrawal from the contract if financing cannot be obtained
C
The listing broker, by ensuring commission payment upon closing
D
The lender, by securing the property as collateral before closing

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Related Topics & Key Terms

Key Terms:

mortgage_contingencypurchase_and_sale_agreementbuyer_protectionmassachusetts_contracts

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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