ContractsIntermediateColorado Exam

The Colorado Contract to Buy and Sell includes an 'Inclusions and Exclusions' section. Fixtures are presumed to be:

AExcluded from the sale unless specifically listed as included
BIncluded in the sale unless specifically excludedCorrect
CSubject to separate negotiation after contract execution
DOwned by the tenant regardless of who installs them

Why Included in the sale unless specifically excluded Is Correct

Answer B: Included in the sale unless specifically excluded

In Colorado real estate transactions, fixtures are presumed to be included in the sale as part of the real property unless the seller specifically lists them as excluded in the contract.

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.

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