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Promulgated Contract FormsClosing_provisionsHARD

A buyer in Texas is purchasing a property and the closing is scheduled for December 28. The buyer's lender informs the agent that the lender cannot fund the loan until January 3 of the following year due to the holiday schedule. Under the TREC contract, the buyer should:

Correct Answer

B) Request an amendment to extend the closing date to January 3 or later to allow for funding

Since the TREC contract typically requires 'closing and funding,' the buyer should request an amendment to extend the closing date to accommodate the lender's funding schedule. Both parties must agree to the extension.

Answer Options
A
Close on December 28 without funding and take possession immediately
B
Request an amendment to extend the closing date to January 3 or later to allow for funding
C
Cancel the contract because the lender cannot meet the closing date
D
Have the title company advance the loan funds until the lender can fund

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Related Topics & Key Terms

Key Terms:

closing_provisionsfundingclosing_dateamendmentholiday_schedule

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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