ContractsIntermediateDelaware Exam

A buyer is unable to close on a Delaware property due to the seller's defective title. The buyer's most appropriate remedy is:

AForfeiture of the earnest money
BRescission of the contract and return of the earnest moneyCorrect
CSpecific performance requiring the seller to convey defective title
DFiling a complaint with the Real Estate Commission

Why Rescission of the contract and return of the earnest money Is Correct

Answer B: Rescission of the contract and return of the earnest money

If the seller cannot deliver marketable title as required by the contract, the buyer is entitled to rescind the contract and receive a full refund of all deposits. The buyer may also seek damages for out-of-pocket costs.

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 Delaware Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free Delaware Quiz →