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Contracts Ny Real Property LawContract_essentials_nyMEDIUM

Susan's purchase contract for a home in Syracuse includes a financing contingency requiring her to obtain a mortgage commitment within 30 days. On day 25, her lender requests additional documentation. Susan submits the documents on day 28 but doesn't receive the commitment until day 35. Under New York law, what is the likely outcome?

Correct Answer

C) Susan may be excused if she acted in good faith and the delay was reasonable

New York courts generally require buyers to act in good faith to satisfy financing contingencies. If Susan promptly applied for financing, cooperated with the lender, and the delay was due to lender processing rather than her failure to act, she may be excused from strict compliance with the 30-day deadline.

Answer Options
A
Susan breached the contract and loses her deposit
B
The contingency period is automatically extended to day 35
C
Susan may be excused if she acted in good faith and the delay was reasonable
D
The seller must grant a five-day extension by law

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Related Topics & Key Terms

Key Terms:

financing_contingencygood_faithdeadline_compliancelender_delays

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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