Contracts
A Massachusetts residential Purchase and Sale Agreement is signed on February 1. The mortgage contingency deadline is March 1. The buyer cannot obtain financing and fails to notify the seller by March 1. What happens?
AThe buyer automatically receives a 10-day extension
BThe mortgage contingency is waived and the buyer may be in default if they cannot close✓ Correct
CThe contract is automatically void
DThe seller must give the buyer a reasonable extension
Explanation
In Massachusetts, if a buyer fails to invoke a mortgage contingency by the stated deadline, the contingency is typically waived. The buyer is then obligated to close regardless of financing status, and failure to close constitutes a breach of contract.
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