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Contracts Ny Real Property LawAttorney_role_in_transactionsMEDIUM

During a New York real estate closing, the buyer's attorney discovers a lien that was not disclosed in the title report. The seller's attorney claims the lien is invalid and should be ignored. What is the most appropriate course of action?

Correct Answer

D) Postpone the closing until the lien issue is properly resolved and clear title can be provided

The closing should be postponed until the lien issue is properly resolved through appropriate legal procedures. Clear title is essential for the buyer, and disputed liens must be resolved before transfer of ownership.

Answer Options
A
Proceed with the closing since the seller's attorney has deemed the lien invalid
B
Have both attorneys sign a waiver acknowledging the lien and proceed with closing
C
Complete the closing but require the seller to deposit funds in escrow to cover the potential lien
D
Postpone the closing until the lien issue is properly resolved and clear title can be provided

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Related Topics & Key Terms

Key Terms:

lien_resolutionclear_titleclosing_postponementtitle_issues

Related Concepts

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.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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