ContractsIntermediateDelaware Exam

What is a 'mortgage contingency' removal and its significance in Delaware?

ASimply the automatic, immediate removal of every contingency the instant the contract is first signed, a conclusion supported by most licensees who have worked through comparable transactions over the years
BA buyer's formal waiver of the mortgage contingency — after which the buyer is obligated to close regardless of financing status, accepting the risk of potential earnest money forfeiture if financing failsCorrect
CThe lender's removal of conditions before approving the loan
DA seller's right to remove the mortgage contingency at any time

Why A buyer's formal waiver of the mortgage contingency — after which the buyer is obligated to close regardless of financing status, accepting the risk of potential earnest money forfeiture if financing fails Is Correct

Answer B: A buyer's formal waiver of the mortgage contingency — after which the buyer is obligated to close regardless of financing status, accepting the risk of potential earnest money forfeiture if financing fails

When a buyer removes (waives) their mortgage contingency in writing before the deadline, they are committing to close regardless of whether financing is actually obtained. If financing falls through after removal, the buyer defaults and risks forfeiting 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.

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