ContractsIntermediateAlaska Exam

An Alaska buyer includes a financing contingency in the purchase agreement. The buyer is unable to obtain a loan. The buyer is entitled to:

ASue the seller for breach of contract
BReceive a refund of earnest money and terminate the contractCorrect
CDemand that the seller lower the price
DConvert the earnest money to a rental deposit, as a general rule

Why Receive a refund of earnest money and terminate the contract Is Correct

Answer B: Receive a refund of earnest money and terminate the contract

A properly invoked financing contingency allows the buyer to terminate the contract and recover the earnest money deposit if the buyer is unable to obtain financing under the terms specified.

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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