Contracts
In New York, a real estate contract that contains an illegal provision is generally:
AVoid in its entirety
BEnforceable except for the illegal provision, which is severed if the contract has a severability clause✓ Correct
CAutomatically valid if the parties agree
DVoidable at the buyer's option only
Explanation
If a contract contains an illegal provision, courts may sever the illegal portion and enforce the rest of the contract if a severability clause exists and the remaining terms are independent of and not infected by the illegal provision.
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