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Contracts Ny Real Property LawContract_essentials_nyMEDIUM

Daniel agrees to purchase Ellen's house in Queens for $475,000. The contract includes an inspection contingency allowing Daniel to terminate within 10 days if he's not satisfied with the property condition. Daniel's inspector finds minor cosmetic issues but no structural problems. Daniel attempts to cancel based on the cosmetic issues. Under New York law, can Daniel terminate the contract?

Correct Answer

A) Yes, if the contingency allows termination for any reason Daniel finds unsatisfactory

The key is the specific language of the contingency clause. If the contract allows Daniel to terminate if he's 'not satisfied' with the property condition, this typically creates a subjective standard that allows the buyer to cancel for any reason related to the property's condition, even minor cosmetic issues.

Answer Options
A
Yes, if the contingency allows termination for any reason Daniel finds unsatisfactory
B
No, because the issues found were not material defects
C
No, because cosmetic issues are not covered by inspection contingencies
D
Yes, but only if Daniel pays the seller's inspection costs

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Related Topics & Key Terms

Key Terms:

inspection_contingencysubjective_satisfactionbuyer_terminationcontract_interpretation

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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.

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