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A buyer and seller in Norfolk, Nebraska execute a purchase agreement that contains a home inspection contingency. The inspection reveals a cracked heat exchanger in the furnace. The buyer submits a written repair request to the seller within the contingency period. The seller refuses to make any repairs or reduce the price. Under general Nebraska contract principles, what is the buyer's most appropriate course of action?

Correct Answer

A) The buyer may terminate the purchase agreement and recover the earnest money if the contingency is properly drafted to allow termination upon unsatisfactory inspection results

Under a properly drafted home inspection contingency in a Nebraska purchase agreement, if the seller refuses to remedy identified defects and the parties cannot reach agreement, the buyer typically has the right to terminate the contract and recover the earnest money. The contingency is designed to give the buyer an exit right if the property's condition is unsatisfactory and the seller will not address the issues. The specific rights depend on the contingency language, but termination and earnest money recovery is the standard remedy when the seller refuses to cooperate.

Answer Options
A
The buyer may terminate the purchase agreement and recover the earnest money if the contingency is properly drafted to allow termination upon unsatisfactory inspection results
B
The buyer must accept the property as-is and pursue the seller for damages after closing
C
The buyer must proceed to closing because the inspection contingency only allows the buyer to request repairs, not to terminate
D
The buyer may withhold closing costs from the seller at settlement as compensation for the defect

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Related Topics & Key Terms

Key Terms:

inspection_contingencyrepair_requestearnest_moneytermination_rightcontingency

Related Concepts

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

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