(a) The buyer knows she will require financing to complete the purchase on the home she...

 

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(a) The buyer knows she will require financing to complete the purchase on the home she is contracting to buy. She carefully explains this to her broker, the seller and the listing broker. Her purchase-and-sale agreement makes no mention of financing. If, despite her best efforts, she is unable to obtain affordable financing, will she be entitled to rescission and a refund of her down payment? (b) Why might a buyer sensibly do without a financing contingency clause and accept the calculated risk of being in breach of her realty purchase contract for not being able to obtain financing? (a) The buyer knows she will require financing to complete the purchase on the home she is contracting to buy. She carefully explains this to her broker, the seller and the listing broker. Her purchase-and-sale agreement makes no mention of financing. If, despite her best efforts, she is unable to obtain affordable financing, will she be entitled to rescission and a refund of her down payment? (b) Why might a buyer sensibly do without a financing contingency clause and accept the calculated risk of being in breach of her realty purchase contract for not being able to obtain financing?

Answer rating: 100% (QA)

a In general the answer to this question depends on the specific terms of the purchaseandsale agreement and the laws of the jurisdiction in which the ... View the full answer