Contracts

In NC, when a seller accepts an offer but the buyer's lender cannot fund the loan on the agreed closing date, and time is of the essence, the most likely outcome is:

AThe contract automatically extends by 30 days
BThe seller may declare the buyer in default and potentially retain the earnest money✓ Correct
CThe lender must extend the rate lock at no cost
DThe NCREC intervenes to resolve the dispute

Explanation

When time is of the essence and the buyer cannot close by the deadline, the buyer may be in default. Depending on the contract terms, the seller may be entitled to retain the earnest money as liquidated damages.

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