Contracts

In Colorado, what happens if the seller defaults on the purchase contract (refuses to close)?

AA. The buyer automatically gets double the earnest money
BB. The buyer may sue for specific performance (to compel the sale), rescission and damages, or retain earnest money — based on contract terms and what the court allows✓ Correct
CC. The Colorado Real Estate Commission will force the sale
DD. The buyer must accept the earnest money as their only remedy

Explanation

When a seller defaults, Colorado law and the contract provide the buyer with potential remedies including: specific performance (court order to complete the sale), rescission (cancellation with return of all funds), and/or money damages. The specific remedies available depend on the contract terms. Courts have authority to compel specific performance in real estate because each parcel is unique.

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