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Pa Specific Contract ProvisionsContingencies_paHARD

A buyer in Pennsylvania purchases a property contingent on obtaining FHA financing. The FHA appraisal identifies health and safety issues that must be corrected before the loan can close. The seller refuses to make the required repairs. What is the buyer's best course of action?

Correct Answer

C) Exercise the mortgage contingency to terminate the agreement since FHA financing cannot be obtained without the repairs

If FHA financing cannot be obtained because the seller refuses to make required repairs identified in the FHA appraisal, the mortgage contingency is not satisfied. The buyer may exercise the contingency to terminate the agreement and receive a refund of hand money, since the specified FHA financing cannot be obtained.

Answer Options
A
Switch to a conventional loan to avoid the FHA repair requirements
B
Complete the purchase without a mortgage using cash
C
Exercise the mortgage contingency to terminate the agreement since FHA financing cannot be obtained without the repairs
D
File a complaint with the SREC against the seller for refusing repairs

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Related Topics & Key Terms

Key Terms:

FHA_financingappraisal_repairsmortgage_contingencytermination

Related Concepts

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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.

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