Contracts

Under North Dakota law, which of the following CANNOT be included in a valid purchase agreement?

AA contingency clause
BA provision requiring the buyer to waive their right to sue the seller for fraud✓ Correct
CAn escalation clause
DA home sale contingency

Explanation

Provisions that attempt to waive a party's right to sue for fraud are generally unenforceable as against public policy. Parties cannot contractually immunize themselves from liability for their own fraudulent conduct.

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