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Contracts Ny Real Property LawContingencies_nyHARD

Steven's contract includes a financing contingency requiring loan approval within 30 days. On day 28, his lender requests additional documentation. Steven provides it on day 29, but the lender says final approval will take 3 more days due to underwriting backlog. The seller refuses to extend the contingency. On day 31, Steven receives loan approval. What is the legal status of Steven's contract under New York law?

Correct Answer

D) Steven can terminate and recover his deposit since the contingency deadline was missed

Even though Steven received loan approval and acted diligently, the financing contingency was not satisfied within the 30-day deadline. This gives Steven the right to terminate the contract and recover his earnest money, regardless of the fact that approval came just one day late.

Answer Options
A
The contract is binding since Steven ultimately received loan approval
B
The contract is suspended until both parties agree on new terms
C
The seller can terminate the contract due to Steven's failure to meet the deadline
D
Steven can terminate and recover his deposit since the contingency deadline was missed

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Related Topics & Key Terms

Key Terms:

financing_contingencystrict_deadlinescontingency_failurecontract_termination

Related Concepts

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.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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