Question

Barbara made a contract to sell a house to Bolton. The agreement stated that it was contingent upon the buyer being able to secure a loan at nine percent interest. The buyer obtained the loan and sought to enforce the contract. Barbara then claimed that the contract was not binding because the contract did not impose an obligation on both parties because of the loan provision. Was the contract binding? Explain your answer.

Answer 1

Answer and Explanation:

A due on sale clause is simply a stipulation in the mortagage agreement that the

"borrower if he wants to sell the property to some other person, first of all he (borrower) shall repay the entire outstanding mortagage amount and then only it is possible to sell the property which is secured under Mortagage agreement.

Hence in essence, the borrower must repay before selling it to some other person which will result in paying the sale proceeds of house to the lender first and the Borrower again has to take loan sometimes from the same lender.

Hence it is imperative that the mortagage obligation cannot be transferred to any other person. That is any subsequent buyer cannot ASSUME the mortagage. Therefore due on sale

Clause prevents assuming of mortagages.