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Peter, an Ohio buyer, has a purchase agreement with a financing contingency. His lender requires flood insurance as a condition of the loan, but the buyer did not include a separate flood insurance contingency. The flood insurance premium is $4,800 annually, which Peter considers too expensive. Under Ohio practice, can Peter terminate?

Correct Answer

B) Yes, because the flood insurance requirement makes the financing unacceptable under the financing contingency

When a lender requires flood insurance as a condition of the loan, and the cost makes the financing unacceptable to the buyer, the buyer may argue that the financing contingency has not been satisfied. The total cost of financing, including required insurance, affects whether the buyer can obtain acceptable financing terms.

Answer Options
A
No, because flood insurance is separate from the financing contingency and was not addressed
B
Yes, because the flood insurance requirement makes the financing unacceptable under the financing contingency
C
Yes, because Ohio law automatically includes a flood insurance contingency in all purchase agreements
D
No, because $4,800 is within the acceptable range for flood insurance premiums in Ohio

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Related Topics & Key Terms

Key Terms:

financing_contingencyflood_insurancelender_requirementsohio_contracts

Related Concepts

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.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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