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Contracts Ny Real Property LawContract_essentials_nyHARD

Under New York law, all of the following contract provisions would likely be enforceable EXCEPT:

Correct Answer

B) A clause requiring the buyer to purchase the property even if the title is unmarketable

A clause requiring the buyer to purchase property with unmarketable title would likely be unenforceable as it violates the fundamental principle that buyers are entitled to receive marketable title. Courts generally will not enforce provisions that require acceptance of defective title.

Answer Options
A
A clause requiring the buyer to forfeit their deposit if they fail to close without legal justification
B
A clause requiring the buyer to purchase the property even if the title is unmarketable
C
A liquidated damages clause limiting the seller's liability to return of deposit plus $1,000 if seller defaults
D
A provision stating that the seller will pay all attorney fees for both parties if the seller defaults

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Related Topics & Key Terms

Key Terms:

contract_enforceabilityunmarketable_titleliquidated_damagesattorney_fees
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