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Real Estate Contract - Florida



"aelnospam"
5/18/2005 1:44:51 PM


In a standard Florida contract that contains a financing contigency
would a seller be able to cancel the contract if the contigency calls
for the buyer to obtain 80% financing and the buyer actually obtained
77% financing but can prove they have the money to close?
Any comments would be appreciated.
 
 
sethb@panix.com (Seth Breidbart)
5/20/2005 8:56:51 PM


In article <amvm81tlkv4eagosv9g1c7kaq6fij3sf0a@4ax.com>,
aelnospam <ael@gate.net> wrote:
In a standard Florida contract that contains a financing contigency
would a seller be able to cancel the contract if the contigency calls
for the buyer to obtain 80% financing and the buyer actually obtained
77% financing but can prove they have the money to close?
I don't know about Florida, but generally the financing contingency is
an option owned by the buyer, so that if he can't afford to close then
he doesn't have to. If the buyer is still able to close then
presumably he won't exercise that option.
Seth
 
 
bonomi@host122.r-bonomi.com (Robert Bonomi)
5/20/2005 8:56:52 PM


In article <amvm81tlkv4eagosv9g1c7kaq6fij3sf0a@4ax.com>,
aelnospam <ael@gate.net> wrote:
In a standard Florida contract that contains a financing contigency
would a seller be able to cancel the contract if the contigency calls
for the buyer to obtain 80% financing and the buyer actually obtained
77% financing but can prove they have the money to close?
No. the financing contigency lets the _buyer_ back out if the specified
financing terms are not met, *NOT* the seller.
The seller gets _all_ his money at the time of the sale closing. Where it
comes from is not particularly important to the seller. <grin>
 
 
Paul Cassel
5/20/2005 8:56:54 PM


aelnospam wrote:
In a standard Florida contract that contains a financing contigency
would a seller be able to cancel the contract if the contigency calls
for the buyer to obtain 80% financing and the buyer actually obtained
77% financing but can prove they have the money to close?
Any comments would be appreciated.
I think it would depend upon the actual wording and any implied intent
in that wording. Based solely on your post, yes, it can be cancelled. If
the only wording was specific and on point to the 80%, then the buyer
has not met his obligation so the deal can be killed.
My opinion is just that as you give no specifics.
-paul
ianal
 
 
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