Contracts
A Washington purchase and sale agreement requires the seller to provide a home warranty. The seller fails to purchase the warranty before closing. This is:
AImmaterial because home warranties are optional
BA breach of the purchase and sale agreement that the buyer can seek to enforce or use as grounds to cancel✓ Correct
CWaived automatically if the buyer does not raise it 24 hours before closing
DA seller's prerogative that cannot be enforced
Explanation
If the purchase and sale agreement requires the seller to provide a home warranty and the seller fails to do so, the seller has breached the contract. The buyer may seek specific performance (require the warranty be obtained), negotiate a credit, or use the breach as grounds to cancel.
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