Contracts

A Michigan buyer signs a purchase agreement and then discovers the property has deed restrictions they find unacceptable. Without a title contingency, the buyer:

ACan cancel the contract and receive their earnest money back
BMust accept the property subject to the recorded restrictions✓ Correct
CCan force the seller to remove the restrictions
DCan cancel under the Buyer's Right of Rescission

Explanation

Without a title contingency or due diligence clause in the contract, a buyer who signed knowing the property was subject to recorded restrictions (which are public record) may be bound to proceed. Recorded deed restrictions are constructive notice to all buyers.

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