Contracts

A buyer's offer is contingent on obtaining financing. The buyer is unable to qualify for a loan and properly invokes the financing contingency. What happens to the earnest money?

AThe seller keeps the earnest money as liquidated damages
BThe earnest money is forfeited to the brokerage
CThe earnest money is returned to the buyer✓ Correct
DThe earnest money is held by AREC pending resolution

Explanation

When a buyer properly invokes a valid financing contingency because they cannot obtain a loan, the contract is voided and the earnest money is returned to the buyer.

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