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Pa Specific Contract ProvisionsContingencies_paMEDIUM

A buyer in Cumberland County has a mortgage contingency for a USDA Rural Development loan in the PA Agreement of Sale. The property is located in an area that was recently reclassified as non-eligible for USDA financing. What is the buyer's position?

Correct Answer

C) The buyer may invoke the mortgage contingency because the specified financing cannot be obtained for this property

If the mortgage contingency specifies USDA financing and the property is no longer eligible for USDA loans, the specified financing cannot be obtained. The buyer may invoke the mortgage contingency to terminate the agreement and receive a refund of hand money.

Answer Options
A
The buyer must switch to a conventional loan and cannot invoke the mortgage contingency
B
The USDA must grandfather the property's eligibility for this transaction
C
The buyer may invoke the mortgage contingency because the specified financing cannot be obtained for this property
D
The seller must wait for the next USDA eligibility review before the agreement can be terminated

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Related Topics & Key Terms

Key Terms:

USDA_loanmortgage_contingencyproperty_eligibilityrural_development
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