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#348665 - 08/20/10 09:51 AM Real Estate Contract Quiz Question
DEM Offline
Member

Registered: 08/18/10
Posts: 13
Loc: Michigan
A buyer signed a contract to purchase real property from the seller; subject to the buyer's ability to secure a loan for a part of the purchase price within thirty-days. After diligent effort, the buyer was unable to secure the loan within the specified time allowed. This contract is( Please give a reason for your answer)


Edited by DEM (08/20/10 01:50 PM)

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#348673 - 08/20/10 10:45 AM Re: Real Estate Contract Quiz Question [Re: DEM]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4458
Loc: Vermont's North-East Kingdom
It's "a dying contract" . . . . seeing as it's not quite dead yet because maybe the Seller will come to the rescue and offer to allow the transaction to go forward with an Owner Financed Purchase Money Mortgage.
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#348676 - 08/20/10 10:51 AM Re: Real Estate Contract Quiz Question [Re: Vermont]
DEM Offline
Member

Registered: 08/18/10
Posts: 13
Loc: Michigan
This question will remain for 12 hours ( Minus the time posted on the original post) before I give the correct answer with explanation and post another quiz question.


Edited by DEM (08/20/10 11:08 AM)

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#348704 - 08/20/10 01:46 PM Re: Real Estate Contract Quiz Question [Re: DEM]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2717
Loc: CO
Breach of contract.
Buyer said he will get financing by…......what happens next depends on who’s fault it was, the buyers or the lenders, and how this is addressed in the contract.

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#348731 - 08/20/10 06:14 PM Re: Real Estate Contract Quiz Question [Re: pikes peak]
Greene Offline
Veteran Member

Registered: 11/25/06
Posts: 644
Loc: Georgia
I agree with Vermont. This contract is on life support. All parties can agree to amend the existing contract to extend the finance contingency period before the existing finance contingency expires. Otherwise, the finance contingency will be removed by the passage of time and the buyer must either rely on another active contingency to terminate, find another way to come up with the funds or default on the purchase.
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#348762 - 08/20/10 10:36 PM Re: Real Estate Contract Quiz Question [Re: Greene]
DEM Offline
Member

Registered: 08/18/10
Posts: 13
Loc: Michigan
The answer: The contract is voidable by the buyer: The contract was voidable by the purchaser because it was subject to his ability to secure necessary financing. The seller does not have this option.

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