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Under the TREC Third Party Financing Addendum, the buyer specifies a maximum interest rate of 6.5% for a conventional loan. The lender offers the buyer a rate of 7.0%. Under the addendum, the buyer may:

Correct Answer

A) Terminate the contract because the rate exceeds the maximum specified in the addendum

If the lender cannot offer financing at or below the terms specified in the addendum (including the maximum interest rate), the buyer may terminate the contract under the financing contingency. The buyer is not obligated to accept less favorable terms.

Answer Options
A
Terminate the contract because the rate exceeds the maximum specified in the addendum
B
Accept the higher rate and proceed to closing
C
Force the lender to match the rate specified in the addendum
D
Require the seller to pay the difference in interest over the life of the loan

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Related Topics & Key Terms

Key Terms:

addendathird_party_financinginterest_ratefinancing_contingency

Related Concepts

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.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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