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Pa Specific Contract ProvisionsContingencies_paMEDIUM

A buyer in Pike County, PA includes a contingency in the Agreement of Sale for review of the property's deed restrictions. The review reveals that the deed prohibits any commercial use of the property. The buyer planned to operate a bed-and-breakfast. Can the buyer terminate under this contingency?

Correct Answer

A) Yes, the buyer may terminate if the deed restrictions prevent the buyer's intended use of the property

The deed restriction contingency allows the buyer to review restrictions and terminate if they prevent the buyer's intended use. If the deed prohibits commercial use and the buyer intended to operate a B&B (which could be classified as commercial), the buyer may terminate under the contingency.

Answer Options
A
Yes, the buyer may terminate if the deed restrictions prevent the buyer's intended use of the property
B
Yes, but only if the buyer can prove the deed restrictions are unreasonable
C
No, because a bed-and-breakfast is considered residential use and is not prohibited
D
No, because deed restrictions are publicly available and the buyer should have checked before making the offer

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Related Topics & Key Terms

Key Terms:

deed_restrictionscontingencycommercial_usebed_and_breakfast
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