ContractsIntermediateAlabama Exam

An Alabama purchase contract contains a financing contingency. If the buyer cannot obtain financing, the buyer may:

ASue the seller for specific performance, as a general rule
BTerminate the contract and receive the earnest money backCorrect
CTransfer the contract to another buyer
DExtend the closing date indefinitely

Why Terminate the contract and receive the earnest money back Is Correct

Answer B: Terminate the contract and receive the earnest money back

If a contract contains a financing contingency and the buyer cannot obtain the specified financing, the buyer has the right to terminate the contract and receive a full refund of the earnest money deposit.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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