ContractsIntermediateColorado Exam

Under Colorado's Contract to Buy and Sell, if a seller accepts an offer and the buyer's loan is denied, the buyer may:

AAlways receive a full refund of earnest money regardless of circumstances, in general
BReceive a refund only if a loan contingency was included and properly exercisedCorrect
CNever receive a refund of earnest money
DSue the seller for specific performance

Why Receive a refund only if a loan contingency was included and properly exercised Is Correct

Answer B: Receive a refund only if a loan contingency was included and properly exercised

If a valid loan contingency is included in the contract and the buyer's loan is denied, the buyer may terminate the contract and receive the earnest money refund. Without such a contingency, the earnest money may be forfeited.

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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