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A California homeowner and a buyer agree to a land contract (contract for deed) for a property in Modesto priced at $380,000. Under California Civil Code §2985, what unique protection does the buyer receive in this type of arrangement?

Correct Answer

C) The buyer has the right to a grace period and specific notice requirements before the seller can declare a forfeiture

Under California Civil Code §2985, land contracts (installment sales contracts) provide buyers with specific protections, including notice requirements and grace periods before a seller can declare forfeiture. After the buyer has paid a substantial amount, additional protections apply, including the right to cure defaults.

Answer Options
A
The buyer receives immediate fee simple title to the property upon signing the contract
B
The buyer is exempt from property taxes until the full purchase price is paid
C
The buyer has the right to a grace period and specific notice requirements before the seller can declare a forfeiture
D
The seller cannot unreasonably withhold consent if the buyer wants to assign the contract

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Related Topics & Key Terms

Key Terms:

land_contractcontract_for_deedforfeiture_protectionCivil_Code_2985

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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