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James and Karen are selling their Nashville duplex. Their buyer, Tom, has included an appraisal contingency in the purchase contract, stating that the property must appraise at or above the purchase price of $420,000. The property appraises at $405,000. Tom invokes the appraisal contingency and demands the sellers reduce the price to $405,000. Which of the following most accurately describes the sellers' options under Tennessee law?

Correct Answer

B) The sellers may refuse to reduce the price, in which case Tom may terminate the contract and recover his earnest money per the contingency terms

An appraisal contingency in a Tennessee contract gives the buyer the right to terminate and recover earnest money if the property does not appraise at or above the purchase price. However, it does not obligate the seller to reduce the price. The sellers may refuse to lower the price, but if they do, Tom may properly invoke the contingency, terminate the contract, and recover his earnest money. Alternatively, the parties may negotiate a mutually agreeable price between $405,000 and $420,000.

Answer Options
A
The sellers must reduce the price to the appraised value because the appraisal contingency requires them to match the appraisal
B
The sellers may refuse to reduce the price, in which case Tom may terminate the contract and recover his earnest money per the contingency terms
C
The sellers may refuse to reduce the price, but they are entitled to retain Tom's earnest money because the property failed to appraise
D
The sellers must submit the appraisal dispute to TREC arbitration before either party may terminate the contract

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Related Topics & Key Terms

Key Terms:

appraisal_contingencyearnest_moneyseller_optionscontract_terminationprice_negotiation

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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