Contracts

A West Virginia buyer includes an inspection contingency in a purchase contract. If the inspection reveals a minor crack in the driveway that the buyer uses to exit the contract, a court might find the buyer:

AActed in good faith
BUsed the contingency as a pretext to escape a valid contract✓ Correct
CIs entitled to a full refund of earnest money
DIs protected because any defect allows termination

Explanation

Contingencies must be exercised in good faith. Using a minor, immaterial defect as a pretext to terminate a contract when the buyer's real motivation is something else (e.

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