Rita, a buyer in Trumbull County, Ohio, has a purchase agreement with an inspection contingency. Her inspector notes that the electrical panel has been recalled by the manufacturer (a Federal Pacific Stab-Lok panel). Under Ohio practice, how should Rita's agent advise her?
Correct Answer
C) Request the seller to replace the panel, negotiate a credit for replacement, or terminate under the contingency
A recalled electrical panel is a legitimate safety concern that can be addressed under the inspection contingency. Rita's agent should advise her of the options: request the seller to replace the panel, negotiate a credit to cover the cost of replacement, or terminate the contract under the inspection contingency.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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.
More Oh Specific Contracts Forms Questions
An Ohio purchase agreement for a rural property includes a well water contingency. The water test results show nitrate levels of 8 mg/L, which is below the EPA maximum contaminant level of 10 mg/L. However, the buyer is concerned because the level is elevated compared to the local average of 2 mg/L. Under Ohio practice, can the buyer terminate?
An Ohio purchase agreement includes a financing contingency with the following language: 'Buyer shall use best efforts to obtain financing.' The buyer applies to one lender, is denied, and immediately invokes the financing contingency to terminate. The seller argues the buyer did not use 'best efforts.' Under Ohio case law, what standard applies?
An Ohio purchase agreement typically contains several essential elements. Which of the following is NOT a required element of a valid Ohio real estate purchase agreement?
An Ohio buyer submits an offer with $8,000 earnest money. The listing broker deposits the check, but the purchase agreement actually specified that the earnest money would be held by a title company. The listing broker deposited it into the brokerage trust account by mistake. Under Ohio practice, what should happen?
Brian, a seller in Ohio, enters into a purchase agreement that includes a clause stating: 'If the buyer defaults, the seller may retain the earnest money as liquidated damages.' Brian's buyer defaults after all contingencies have been satisfied. Under Ohio law, what determines whether this liquidated damages clause is enforceable?
- → Diana, an Ohio listing agent, fails to present a buyer's offer to the seller because Diana was personally negotiating to purchase the property for herself. The buyer discovers the undisclosed offer and files a complaint. Under Ohio law, what consequences may Diana face?
- → Sandra, a buyer in Ohio, wants to assign her purchase agreement to her family's LLC before closing. Under Ohio law, which statement about contract assignment is correct?
- → An Ohio purchase agreement for a lakefront property in Ottawa County includes a contingency for a satisfactory dock permit review. The buyer's agent discovers that the dock does not have a valid Ohio Department of Natural Resources (ODNR) permit. Under the contingency, what is the buyer's recourse?
- → Jack, an Ohio buyer, has a purchase agreement with an inspection contingency. The home inspector discovers that the home has knob-and-tube wiring in the attic, which is still functioning. Jack's insurance company informs him that they will not insure the property unless the wiring is replaced. Under Ohio practice, what is Jack's best option?
- → Peter, an Ohio buyer, asks his agent about the difference between actual damages and liquidated damages. Under Ohio law, which statement correctly distinguishes the two?
- → Frank, an Ohio buyer, discovers that the seller's listing agent provided false information about the property's zoning. Frank suffered financial losses as a result. Under Ohio law, can Frank file a claim with the Ohio Real Estate Recovery Fund?
- → Grace, a buyer in Ohio, wants to know the difference between rescission and breach of contract. Under Ohio law, what is rescission?
- → Megan, a first-time Ohio buyer, asks her agent what 'specific performance' means as a remedy for breach of contract. Under Ohio law, which description is correct?
- → Tom, an Ohio buyer, refuses to close on a property after all contingencies have been satisfied and all deadlines have passed. Under Ohio contract law, what type of action has Tom committed?
- → Martha, an Ohio seller, provides a warranty deed to the buyer at closing. After closing, the buyer discovers an existing lien that was not disclosed. Under Ohio deed warranty law, what remedy does the buyer have?
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Previous Question
An Ohio purchase agreement includes a contingency for buyer's review of a Home Owners Association (HOA) resale certificate. The resale certificate reveals that the HOA is in litigation with a developer over construction defects. Under Ohio condominium law (ORC Chapter 5311), what right does the buyer have?
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Glen, a buyer in Ohio, asks his agent whether he can add a contingency to the purchase agreement after both parties have already signed. Under Ohio contract law, how can a contingency be added after execution?