Contracts
What is a 'survival clause' in an Idaho real estate purchase agreement and what does it protect?
AA clause allowing the transaction to survive the death of one party
BA clause specifying that certain representations, warranties, or obligations survive the closing and are not merged into the deed✓ Correct
CA clause protecting the earnest money from forfeiture
DA clause allowing the contract to survive counter-offers
Explanation
A survival clause prevents certain contractual obligations and representations from being extinguished by the doctrine of merger at closing. Without a survival clause, once a deed is delivered, most contract representations merge into the deed and cannot be enforced.
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