ContractsIntermediateCalifornia Exam

A buyer who gives a seller a deposit check that cannot clear the bank may be liable for:

ANothing, as deposits are refundable
BCriminal charges and civil liability for fraudCorrect
COnly returning the property to the seller
DReimbursement of closing costs only

Why Criminal charges and civil liability for fraud Is Correct

Answer B: Criminal charges and civil liability for fraud

Passing a check known to have insufficient funds constitutes fraud and may result in criminal charges under California law, in addition to civil liability for any damages the seller suffers as a result.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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