Contracts
In South Dakota, when a purchase contract is contingent on the buyer obtaining financing and the buyer is unable to do so, the buyer:
AForfeits their earnest money as a penalty
BIs entitled to a return of their earnest money if they made a good-faith effort to obtain financing✓ Correct
CMust find alternative financing at their own expense
DMay sue the lender for refusing to approve the loan
Explanation
When a buyer fails to obtain financing despite a good-faith effort and properly terminates the contract under the financing contingency, they are entitled to a full refund of their earnest money. The contingency protects the buyer from losing their deposit due to circumstances beyond their control.
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