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Pa Specific Contract ProvisionsContingencies_paMEDIUM

A buyer in Carbon County has a mortgage contingency in the PA Agreement of Sale specifying an FHA loan with 3.5% down payment. The lender offers the buyer a conventional loan with 5% down payment instead. Under the mortgage contingency, what is the buyer's position?

Correct Answer

B) The buyer may invoke the contingency because the offered loan does not match the specified terms

The mortgage contingency specifies FHA financing with 3.5% down payment. A conventional loan with 5% down does not match the specified terms. The buyer may invoke the contingency because the specified financing was not obtained, and the buyer is not obligated to accept different loan terms.

Answer Options
A
The buyer must accept the conventional loan because it is still a mortgage commitment
B
The buyer may invoke the contingency because the offered loan does not match the specified terms
C
The buyer must accept whichever loan has the lower interest rate
D
The lender's offer automatically amends the mortgage contingency terms

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Related Topics & Key Terms

Key Terms:

mortgage_contingencyFHA_loanconventional_loanspecified_terms
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