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A buyer's agent in Flint presents an offer that includes a financing contingency stating the offer is contingent upon the buyer obtaining a mortgage commitment at 7% or less within 21 days. The seller accepts the offer. On day 18, the buyer is only approved at 7.5%. The buyer wants to cancel the contract. Under Michigan contract law, which statement is most accurate?

Correct Answer

A) The buyer may cancel the contract because the financing contingency was not satisfied within the specified terms

A financing contingency is a condition precedent in a Michigan purchase agreement. When the buyer is unable to obtain financing at the specified terms (7% or less), the contingency has not been satisfied. Under Michigan contract law, when a contingency fails through no fault of the buyer, the buyer may exercise the right to cancel the contract and is entitled to the return of earnest money. The buyer is not required to accept financing at worse terms than those specified in the contingency.

Answer Options
A
The buyer may cancel the contract because the financing contingency was not satisfied within the specified terms
B
The buyer cannot cancel because 21 days have not yet passed and the buyer must keep trying to obtain financing
C
The seller may cancel the contract but the buyer must forfeit the earnest money for failing to secure financing
D
The contract automatically converts to a cash sale because the financing contingency failed

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Related Topics & Key Terms

Key Terms:

offer_and_acceptancefinancing_contingencycontract_cancellationearnest_moneymichigan_contracts

Related Concepts

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.

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.

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