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A purchase agreement in Wyoming includes a financing contingency stating that the buyer must obtain mortgage approval within 21 days. On day 19, the buyer's lender denies the loan application due to the buyer's credit score. The buyer notifies the seller in writing on day 20. Under Wyoming contract principles, what is the most likely outcome?

Correct Answer

A) The buyer may terminate the contract and recover the earnest money deposit because the financing contingency was not satisfied

When a purchase agreement contains a financing contingency and the buyer is unable to obtain financing within the specified period, the buyer may exercise the contingency to terminate the contract without penalty. Proper written notice was given within the contingency period (day 20 of 21). The earnest money deposit should be returned to the buyer because the condition precedent (obtaining financing) was not met through no fault of the buyer in terms of the contractual deadline.

Answer Options
A
The buyer may terminate the contract and recover the earnest money deposit because the financing contingency was not satisfied
B
The seller may sue the buyer for specific performance because the buyer failed to secure financing
C
The contract automatically converts to a cash transaction because the financing contingency expired before the deadline
D
The buyer forfeits the earnest money deposit because the loan was denied due to the buyer's own credit issues

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Related Topics & Key Terms

Key Terms:

financing_contingencyearnest_moneycontract_terminationcontingency_period

Related Concepts

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.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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.

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