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Under Minnesota real estate practice, which of the following best describes the purpose of including a title contingency in a purchase agreement?

Correct Answer

A) To allow the buyer to cancel if the seller cannot deliver marketable title free of undisclosed liens or encumbrances

A title contingency in a Minnesota purchase agreement protects the buyer by conditioning the sale on the seller's ability to deliver marketable title—title that is reasonably free from defects, undisclosed liens, encumbrances, or other clouds that would affect the buyer's ownership rights. If a title search reveals title defects the seller cannot cure, the buyer may cancel the contract and recover earnest money. This is consistent with Minnesota's conveyancing practice under Minn. Stat. § 507.09.

Answer Options
A
To allow the buyer to cancel if the seller cannot deliver marketable title free of undisclosed liens or encumbrances
B
To allow the buyer to cancel if the property taxes are higher than expected at closing
C
To require the seller to purchase an owner's title insurance policy on behalf of the buyer
D
To allow the buyer to renegotiate the purchase price if a title search reveals easements on the property

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Related Topics & Key Terms

Key Terms:

title_contingencymarketable_titleliensencumbrancestitle_search

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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