Contracts
A North Dakota purchase agreement states 'buyer accepts property in its present condition.' Before closing, the buyer discovers the roof leaks. The buyer may:
AAutomatically cancel the contract
BPotentially invoke a pre-existing condition clause or negotiate; their options depend on the specific contract terms and what was or was not disclosed✓ Correct
CDemand full roof replacement as a condition of closing
DReceive a full refund of earnest money automatically
Explanation
Even with an 'as-is' clause, buyers may have recourse if the seller concealed known defects or if the contract contains inspection contingency rights. The buyer's options depend on the specific contract language, whether there was disclosure of the defect, and applicable state law.
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