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Contracts Ny Real Property LawContract_essentials_nyMEDIUM

In a New York residential transaction, the purchase contract includes a provision stating 'This contract is subject to buyer's attorney approval within 5 business days.' The buyer's attorney is unavailable and cannot review the contract within this timeframe. What happens to the contract?

Correct Answer

C) The contract automatically becomes binding since the buyer failed to disapprove within the timeframe

In New York, attorney approval contingencies typically operate as 'approval' rather than 'disapproval' clauses, but when structured as shown, failure to disapprove within the specified timeframe results in the contingency being satisfied, making the contract binding on both parties.

Answer Options
A
The buyer can extend the review period unilaterally for another 5 business days
B
The contract is automatically void due to failure to satisfy the contingency
C
The contract automatically becomes binding since the buyer failed to disapprove within the timeframe
D
The timeframe is automatically extended until the attorney becomes available

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Related Topics & Key Terms

Key Terms:

attorney_approvalcontingency_expirationcontract_bindingdeadline_enforcement
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