Contracts
A Nevada buyer submits an offer with a financing contingency. The buyer is unable to obtain financing and provides proper written notice within the contingency period. What is the seller's obligation regarding earnest money?
AThe seller may keep the earnest money as compensation for taking the property off the market
BThe earnest money must be returned to the buyer because the contingency was properly invoked✓ Correct
CThe parties must split the earnest money 50/50
DThe escrow company decides who gets the earnest money
Explanation
When a buyer properly invokes a financing contingency within the specified period (providing written notice and evidence of loan denial), the contract is terminated and the earnest money must be returned to the buyer. The financing contingency is designed to protect buyers from losing their deposit if they are unable to secure financing through no fault of their own.
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