ContractsIntermediateColorado Exam

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 allowsCorrect
CC. The Colorado Real Estate Commission will force the sale
DD. The buyer must accept the earnest money as their only remedy, which is why practitioners are generally advised to confirm the specific rule with local counsel or the relevant agency

Why B. 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 Is Correct

Answer B: B. 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

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.

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

People Also Study

Practice More Colorado Real Estate Questions

1,400+ questions covering all exam topics. Start free — no signup required.

Take the Free Colorado Quiz →