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Contracts Ny Real Property LawContingencies_nyMEDIUM

A buyer's contract includes a contingency requiring the seller to complete specified repairs before closing. Three days before closing, the seller informs the buyer that one repair cannot be completed due to contractor unavailability. The seller offers a $3,000 credit instead. What are the buyer's rights?

Correct Answer

B) The buyer may accept the credit, demand completion of repairs, or terminate the contract

When a repair contingency cannot be satisfied as written, the buyer has multiple options: accept the seller's proposed credit alternative, insist on completion of the original repair requirement, or exercise their right to terminate the contract due to non-satisfaction of the contingency.

Answer Options
A
The buyer must accept the credit as adequate substitute for the repair
B
The buyer may accept the credit, demand completion of repairs, or terminate the contract
C
The buyer must extend closing until the repair can be completed
D
The contract is automatically breached and the buyer must sue for damages

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Related Topics & Key Terms

Key Terms:

repair_contingencycontractor_delayscredit_alternativesbuyer_options

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

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.

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