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Promulgated Contract FormsAmendments_and_noticesMEDIUM

Under the TREC contract, the Addendum for Back-Up Contract is attached at the time the contract is executed. If the first contract terminates and the back-up contract becomes primary, what notice is required?

Correct Answer

C) The seller or seller's agent must notify the back-up buyer that the first contract has terminated and the back-up contract is now effective

When the first contract terminates, the seller or seller's agent must notify the back-up buyer. This notice establishes the effective date of the back-up contract and triggers all time-sensitive deadlines.

Answer Options
A
No notice is needed; the back-up buyer should check daily to see if the first contract terminated
B
TREC sends official notification to all parties when a back-up contract becomes primary
C
The seller or seller's agent must notify the back-up buyer that the first contract has terminated and the back-up contract is now effective
D
The title company notifies the back-up buyer after the first buyer's earnest money is returned

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Related Topics & Key Terms

Key Terms:

amendments_and_noticesback_up_contractnoticeeffective_date

Related Concepts

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

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