ContractsIntermediateCalifornia Exam

A buyer's loan contingency in a California purchase agreement protects the buyer by:

AGuaranteeing the buyer will qualify for a loan, consistent with common contract law principles
BAllowing the buyer to cancel and recover their deposit if they cannot obtain specified financingCorrect
CRequiring the seller to provide financing if the bank declines, per standard contingency and disclosure practice
DLocking the interest rate for 30 days, under standard California purchase contract terms

Why Allowing the buyer to cancel and recover their deposit if they cannot obtain specified financing Is Correct

Answer B: Allowing the buyer to cancel and recover their deposit if they cannot obtain specified financing

A loan contingency allows the buyer to cancel the contract and receive a full refund of their deposit if they are unable to obtain financing on the terms specified in the contract within the contingency period. Removing this contingency exposes the buyer's deposit to potential forfeiture.

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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