Contracts

In South Carolina, 'anticipatory repudiation' in real estate contract law occurs when:

AA party waits until the closing date to announce they cannot perform
BA party clearly and unequivocally announces before the performance date that they will not fulfill the contract✓ Correct
CA party anticipates the other party may breach and terminates first
DBoth parties anticipate the contract will fail and agree to cancel

Explanation

Anticipatory repudiation occurs when one party announces before performance is due that they will not perform. The non-breaching party may treat this as an immediate breach and seek remedies without waiting for the performance date.

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