Karen enters into a contract to purchase a cooperative apartment in Manhattan. The contract is contingent upon board approval. The co-op board rejects Karen's application without stating reasons. Under New York law, what is the effect on the contract?
Correct Answer
A) The contract is terminated and Karen's deposit should be returned
When a co-op purchase contract includes a board approval contingency and the board rejects the application, the contingency is not satisfied through no fault of either party. The contract terminates and the buyer's deposit should be returned, as the condition precedent was not met.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
More Contracts Ny Real Property Law Questions
A buyer in New York breaches a contract to purchase a $600,000 home and forfeits a $30,000 earnest money deposit. The seller incurs $8,000 in additional carrying costs and $4,000 in remarketing expenses before selling to another buyer for $585,000. What is the seller's total recoverable damages?
A New York buyer exercises their right to cancel a purchase contract within the attorney review period. The seller demands to keep the earnest money as compensation for taking the property off the market. What is the legal outcome?
A seller in New York breaches a contract for a $750,000 home. The buyer must purchase a comparable property for $785,000 and incurs $3,200 in additional costs (inspection, appraisal, attorney fees). The buyer also loses $1,800 in non-refundable application fees from their original lender. What are the buyer's total recoverable damages?
Tom is buying a condominium in Syracuse and reviewing the purchase contract. What type of title insurance should Tom expect to receive?
Jennifer owns a condominium unit in Albany and wants to rent it out. What approval is required under New York condominium law?
- → A New York purchase contract specifies that the buyer will provide 'good faith deposit' but does not specify the amount. What is the legal effect of this provision?
- → In New York real estate transactions, what is the primary role of attorneys?
- → Who typically conducts the closing in a New York residential real estate transaction?
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Previous Question
Thomas contracts to sell his Westchester County home to Maria for $650,000. Before closing, Thomas discovers the property has significantly increased in value and refuses to complete the sale. Maria wants to force the sale. Under New York law, what remedy is Maria most likely to obtain?
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Under New York Real Property Law, all of the following would make a real estate purchase contract voidable EXCEPT: