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Contracts Ny Real Property LawContingencies_nyHARD

Karen's contract to purchase a house in Westchester includes both an inspection contingency and an appraisal contingency. The inspection reveals $8,000 in needed repairs, and the appraisal comes in $12,000 below the purchase price. Karen wants to proceed with the purchase. What is her best strategy under New York law?

Correct Answer

B) Negotiate a $20,000 price reduction to cover both the repairs and appraisal shortfall

Negotiating a single price reduction that addresses both issues ($8,000 for repairs plus $12,000 for appraisal shortfall) is the most efficient approach. This allows Karen to proceed while being compensated for both the repair costs and the appraisal gap, effectively satisfying both contingencies through price adjustment.

Answer Options
A
Waive both contingencies and proceed with the original terms
B
Negotiate a $20,000 price reduction to cover both the repairs and appraisal shortfall
C
Request the seller make the repairs and provide a $12,000 credit for the appraisal gap
D
Terminate the contract since both contingencies cannot be satisfied simultaneously

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Related Topics & Key Terms

Key Terms:

multiple_contingenciesappraisal_gaprepair_negotiationsprice_reduction

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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