A New York buyer of a cooperative apartment discovers after contract signing that the co-op corporation has a pending lawsuit that could result in a substantial special assessment. This information was not disclosed by the seller or the co-op board. What is the buyer's best remedy before closing?
Correct Answer
A) Terminate the contract based on material adverse change in the co-op's financial condition
Under New York law, a pending lawsuit that could result in substantial special assessments represents a material adverse change in the cooperative's financial condition. This type of undisclosed material information affecting the co-op's financial stability gives the buyer grounds to terminate the contract before closing.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Contracts Ny Real Property Law Question
Background Knowledge for Contracts Ny Real Property Law
Real World Application in Contracts Ny Real Property Law
Common Mistakes to Avoid on Contracts Ny Real Property Law Questions
Related Topics & Key Terms
Key Terms:
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.
More Contracts Ny Real Property Law Questions
A buyer in New York breaches a contract to purchase a $600,000 home and forfeits a $30,000 earnest money deposit. The seller incurs $8,000 in additional carrying costs and $4,000 in remarketing expenses before selling to another buyer for $585,000. What is the seller's total recoverable damages?
A New York buyer exercises their right to cancel a purchase contract within the attorney review period. The seller demands to keep the earnest money as compensation for taking the property off the market. What is the legal outcome?
A seller in New York breaches a contract for a $750,000 home. The buyer must purchase a comparable property for $785,000 and incurs $3,200 in additional costs (inspection, appraisal, attorney fees). The buyer also loses $1,800 in non-refundable application fees from their original lender. What are the buyer's total recoverable damages?
Tom is buying a condominium in Syracuse and reviewing the purchase contract. What type of title insurance should Tom expect to receive?
Jennifer owns a condominium unit in Albany and wants to rent it out. What approval is required under New York condominium law?
- → Karen enters into a contract to purchase a cooperative apartment in Manhattan. The contract is contingent upon board approval. The co-op board rejects Karen's application without stating reasons. Under New York law, what is the effect on the contract?
- → A New York purchase contract specifies that the buyer will provide 'good faith deposit' but does not specify the amount. What is the legal effect of this provision?
- → In New York real estate transactions, what is the primary role of attorneys?
- → Who typically conducts the closing in a New York residential real estate transaction?
- → In a typical New York residential real estate transaction, at what stage do attorneys commonly become involved?
- → What typically happens during the attorney review period in a New York real estate contract?
- → In New York, can a real estate broker prepare a deed for a property transfer?
- → A real estate agent in New York is asked by their client to recommend a specific attorney for the transaction. What is the most appropriate way for the agent to handle this request?
- → A New York real estate agent prepares a purchase offer using a standard form contract. After the seller accepts the offer, what typically happens next regarding attorney involvement?
- → What is the primary difference between the role of a real estate agent and an attorney in a New York real estate transaction?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Real Estate Exam Practice Questions by Topic (2026): Free Sets for Contracts, Agency, Financing
Get topic-based real estate exam practice sets and a simple sequence to move from learning to timed mocks.
Real Estate Exam Topics (2026): High-Yield Areas + Common Traps (Contracts, Agency, Financing, Fair Housing)
Learn the highest-frequency real estate exam topics and the traps that cause most wrong answers—plus how to study them.
Real Estate Exam Contracts: The Only Guide You Need (2026) + Practice Questions
Learn the contract rules the exam loves, common trick wording, and how to practice contract questions efficiently.