In New York, a seller breaches a purchase contract by failing to deliver a certificate of occupancy required by the contract terms. The buyer wants the property but needs the certificate for their intended commercial use. What remedy should the buyer seek?
Correct Answer
C) Specific performance with an extended closing date to allow the seller to obtain the certificate
When a seller fails to provide a required certificate of occupancy but the buyer still wants the property, specific performance with an extended closing date is the most appropriate remedy. This allows the seller time to cure the defect while preserving the buyer's right to acquire the property they want.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.
A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.
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?
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