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A buyer and seller in Jackson, Wyoming enter into a purchase agreement for a residential property. The agreement includes a seller disclosure contingency giving the buyer five business days after receipt of the Wyoming Residential Real Property Disclosure Statement to review it and terminate if unsatisfied. The seller delivers the disclosure on Monday morning. The buyer's agent calls the seller's agent on Friday afternoon (the fifth business day) to verbally notify them of termination. Under Wyoming law, is this termination effective?

Correct Answer

A) No, because termination under a Wyoming purchase agreement must be made in writing to be effective

Under Wyoming contract law and the Statute of Frauds, notices related to real estate contracts — including termination notices — must be in writing to be effective and enforceable. A verbal notification of termination, even if timely, does not satisfy the written notice requirement in a Wyoming real estate purchase agreement. The buyer should have provided written notice of termination within the five business day period.

Answer Options
A
No, because termination under a Wyoming purchase agreement must be made in writing to be effective
B
Yes, because the verbal notification was given within the five business day period
C
No, because the five business day period begins the day after delivery, making Friday the sixth business day
D
Yes, because the buyer's agent has authority to verbally terminate on the buyer's behalf

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Related Topics & Key Terms

Key Terms:

written_noticeterminationdisclosure_contingencystatute_of_fraudsbuyer_rights

Related Concepts

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.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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