Contracts

In South Dakota, a purchase agreement that is 'subject to' the buyer selling their current home differs from one that is 'contingent on' the sale in that 'subject to' typically:

AIs stronger protection for the buyer
BIs a condition precedent with no timeline, while 'contingent on' often has a specified time period
CMeans the buyer can sell their home after the target property closes
DHas no legal distinction from a contingency in SD law✓ Correct

Explanation

In South Dakota practice, 'subject to' and 'contingent on' are often used interchangeably for home sale conditions. Legally, either creates a condition on the buyer's obligation. The specific terms of the contract provision determine its meaning.

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