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A buyer is purchasing a cooperative apartment in a building that has a flip tax of 2% of the gross sale price payable by the seller. The building also has a right of first refusal. If the buyer's share loan application is approved but the cooperative board exercises its right of first refusal, what happens to the buyer's loan commitment?

Correct Answer

B) The loan commitment becomes void since the original transaction cannot proceed

When a cooperative board exercises its right of first refusal, the original sale transaction is terminated because the board (or its designee) is purchasing the shares instead of the original buyer. Since the loan commitment was specific to that buyer purchasing those specific cooperative shares, the commitment becomes void and cannot be used for the terminated transaction.

Answer Options
A
The loan commitment automatically transfers to the cooperative corporation
B
The loan commitment becomes void since the original transaction cannot proceed
C
The loan commitment remains valid and the buyer can use it for another cooperative purchase
D
The loan commitment converts to a conventional mortgage for real property purchase

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Related Topics & Key Terms

Key Terms:

right_of_first_refusalloan_commitmentflip_taxcooperative_purchase

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