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Contracts Ny Real Property LawContingencies_nyHARD

Michael's purchase contract in Rochester includes a contingency for the sale of his current home. The contract states that if the seller receives another acceptable offer, Michael has 72 hours to remove the contingency or the contract will terminate. The seller's agent delivers the 72-hour notice on Friday at 4 PM. Under New York law, when does Michael's response period expire?

Correct Answer

A) Monday at 4 PM (72 hours later, counting all days)

Under New York contract law, when a contract specifies hours rather than days, the time period typically runs continuously including weekends and holidays unless specifically stated otherwise. Therefore, 72 hours from Friday 4 PM equals Monday 4 PM.

Answer Options
A
Monday at 4 PM (72 hours later, counting all days)
B
Monday at 4 PM (excluding weekends from the 72-hour count)
C
Tuesday at 4 PM (72 business hours)
D
The following Friday at 4 PM (allowing full business week)

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Related Topics & Key Terms

Key Terms:

sale_contingencynotice_periodskick_out_clausetiming_calculations

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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.

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