Contracts

A North Dakota purchase offer includes a financing contingency. If the buyer cannot obtain financing and properly invokes the contingency:

AThe buyer forfeits their earnest money
BThe contract is terminated and the earnest money is returned to the buyer✓ Correct
CThe seller can sue for specific performance
DThe buyer must pay a penalty equal to 3% of the purchase price

Explanation

A properly invoked financing contingency allows the buyer to terminate the contract if they cannot obtain the specified financing. When properly exercised, the buyer is entitled to a full refund of their earnest money deposit.

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