medium · National Real Estate Exam contracts

A buyer's offer is accepted, and a contract is formed. Before closing, the buyer realizes they forgot to include a contingency for the sale of their current home.

Can the buyer add this contingency now?

  1. Only if the seller agrees to an amendment to the contract.
  2. No, because adding a contingency after the fact violates the Statute of Frauds.
  3. Yes, because contingencies can be added up until the end of the executory period.
  4. Yes, provided the buyer pays an additional 'contingency fee' to the seller.

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