ContractsIntermediateColorado Exam

Under Colorado real estate law, 'earnest money' serves all of the following functions EXCEPT:

ADemonstrating the buyer's good faith intent to purchase
BBeing applied to the purchase price at closing
CGuaranteeing the seller will sell the propertyCorrect
DProviding compensation to the seller if the buyer defaults (subject to contract terms)

Why Guaranteeing the seller will sell the property Is Correct

Answer C: Guaranteeing the seller will sell the property

Earnest money demonstrates good faith, is applied to the purchase price at closing, and may serve as liquidated damages if the buyer defaults. However, earnest money does NOT guarantee the seller will sell — the seller could also default, and the buyer's remedies would include return of earnest money plus damages.

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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