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Maria and her broker submit an offer on a Seattle home. The purchase and sale agreement includes a financing contingency requiring Maria to obtain a written loan commitment within 21 days. On day 22, Maria's lender denies her loan application. Which of the following best describes Maria's legal position under Washington contract law?

Correct Answer

B) Maria has waived the financing contingency by failing to act within the 21-day period and may forfeit her earnest money

Under Washington contract law, contingency deadlines are binding. If Maria failed to exercise or waive the financing contingency within the 21-day period, the contingency is deemed waived. Because the denial occurred on day 22 — after the contingency expired — Maria is no longer protected by the financing contingency. She may be in breach of contract if she fails to close, and the seller may be entitled to retain the earnest money as liquidated damages.

Answer Options
A
Maria may still terminate the contract and recover her earnest money because the lender's denial was beyond her control
B
Maria has waived the financing contingency by failing to act within the 21-day period and may forfeit her earnest money
C
Maria is entitled to an automatic 10-day extension of the financing contingency under Washington statute
D
Maria must close the transaction regardless of the loan denial because the contingency period has expired

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Related Topics & Key Terms

Key Terms:

financing_contingencycontingency_deadlineearnest_money_forfeiturewaiver

Related Concepts

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

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