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A Tennessee purchase contract contains a financing contingency with a 21-day deadline. On day 19, the buyer's lender verbally tells the buyer that the loan is approved. The buyer does not notify the seller or take any written action. On day 25, the lender formally denies the loan in writing. The buyer attempts to invoke the financing contingency. Which outcome is most likely under Tennessee contract law?

Correct Answer

B) The buyer has waived the financing contingency by failing to act within the 21-day deadline, and the seller may retain the earnest money

In Tennessee, contingency deadlines are binding contractual terms. The buyer had 21 days to either secure financing or invoke the contingency if financing could not be obtained. By taking no action within the 21-day period—despite the lender's verbal communication—the buyer allowed the contingency deadline to pass without properly exercising the contingency right. This constitutes a waiver of the financing contingency. After waiver, the buyer's failure to perform may entitle the seller to retain the earnest money as liquidated damages under the contract terms.

Answer Options
A
The buyer may successfully invoke the contingency because the lender's final written denial occurred before closing
B
The buyer has waived the financing contingency by failing to act within the 21-day deadline, and the seller may retain the earnest money
C
The buyer may invoke the contingency because the verbal approval was conditional and the written denial proves financing was never truly secured
D
The buyer is automatically entitled to a 10-day extension of the financing contingency because the lender provided verbal approval before the deadline

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Related Topics & Key Terms

Key Terms:

financing_contingencywaivercontingency_deadlineearnest_moneyverbal_approval

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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