hard · National Real Estate Exam

An installment land contract contains a clause stating that 'time is of the essence.'

If the buyer misses a payment by two days, what is the most likely legal outcome based on a strict interpretation of this clause?

  1. The contract is automatically converted into an option to purchase.
  2. The buyer is granted a mandatory 30-day statutory grace period to cure the default regardless of the contract language.
  3. The seller may have the right to declare an immediate forfeiture and retain all previous payments as liquidated damages.
  4. The seller must accept the late payment but can charge a penalty equal to 10% of the property value.

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