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Contracts Ny Real Property LawContingencies_nyMEDIUM

Rachel's contract to purchase a townhouse in Queens includes a 14-day inspection contingency. On day 12, Rachel's inspector discovers potential asbestos in the basement and recommends specialized testing that will take 10 days to complete. What should Rachel do to protect her interests under New York law?

Correct Answer

B) Immediately request a written extension of the inspection contingency from the seller

Rachel should immediately request a written extension of the inspection contingency to allow time for the specialized asbestos testing. This preserves her right to make an informed decision based on complete information while protecting her ability to terminate if the results are unfavorable.

Answer Options
A
Proceed with the asbestos testing and assume the contingency will be automatically extended
B
Immediately request a written extension of the inspection contingency from the seller
C
Terminate the contract based on the potential asbestos discovery
D
Waive the inspection contingency and rely on the seller's property disclosure statement

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Related Topics & Key Terms

Key Terms:

inspection_contingencyasbestos_testingcontingency_extensionenvironmental_hazards

Related Concepts

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.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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