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Frank, an Ohio buyer, has a purchase agreement with an inspection contingency. During the inspection, the inspector identifies that the water heater was improperly vented, creating a carbon monoxide risk. Frank requests the seller to correct the venting. The seller argues the water heater works fine. Under Ohio practice, how should this dispute be handled?

Correct Answer

C) The buyer can insist on the repair, negotiate an alternative resolution, or terminate under the contingency

Under the inspection contingency, the buyer has the right to address safety concerns identified during the inspection. Improper venting creating a carbon monoxide risk is a significant safety issue. Frank can insist on the repair, negotiate a credit, or exercise his right to terminate the contract under the contingency.

Answer Options
A
The seller's position prevails because the water heater is functional
B
The Ohio Building Department must inspect and issue a binding determination
C
The buyer can insist on the repair, negotiate an alternative resolution, or terminate under the contingency
D
The buyer must accept the property as-is because the water heater was visible during showings

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Related Topics & Key Terms

Key Terms:

inspection_contingencysafety_hazardcarbon_monoxideohio_contracts

Related Concepts

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

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