Contracts

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

AThe automatic removal of all contingencies upon contract signing
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 fails✓ Correct
CThe lender's removal of conditions before approving the loan
DA seller's right to remove the mortgage contingency at any time

Explanation

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. Buyers should only remove mortgage contingencies when they are confident in their financing. Some buyers remove contingencies to make their offers more competitive.

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