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Grace and Henry are purchasing a home in Talbot County on Maryland's Eastern Shore. Their contract includes a radon inspection contingency. The radon test reveals levels of 6.2 pCi/L, which exceeds the EPA action level of 4.0 pCi/L. Grace and Henry request that the seller install a radon mitigation system. The seller offers instead to reduce the purchase price by $1,500. Grace and Henry reject the seller's counteroffer and attempt to void the contract within the contingency period. Under Maryland contract principles, which of the following is the most accurate statement?

Correct Answer

A) Grace and Henry may void the contract and recover their earnest money because they properly invoked the radon contingency within the contingency period

A radon inspection contingency gives the buyer the right to void the contract if radon levels exceed a specified threshold (typically the EPA action level of 4.0 pCi/L) and the parties cannot agree on a remedy. Grace and Henry found radon at 6.2 pCi/L, exceeding the action level. They requested mitigation, the seller offered only a price reduction, and the buyers rejected that counteroffer. Having properly invoked the contingency within the contingency period, Grace and Henry are entitled to void the contract and recover their earnest money. The seller's alternative offer does not obligate the buyers to accept it.

Answer Options
A
Grace and Henry may void the contract and recover their earnest money because they properly invoked the radon contingency within the contingency period
B
Grace and Henry must accept the price reduction because Maryland law requires buyers to accept monetary remedies for environmental issues
C
Grace and Henry may only void the contract if radon levels exceed 8.0 pCi/L under Maryland environmental standards
D
Grace and Henry cannot void the contract because the seller offered a reasonable alternative remedy

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Related Topics & Key Terms

Key Terms:

radon_contingencyenvironmental_inspectionepa_action_levelbuyer_rightsearnest_money

Related Concepts

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.

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.

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