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Under the C.A.R. Residential Purchase Agreement (RPA), which of the following is NOT one of the three standard contingencies that automatically give the buyer the right to cancel and recover the deposit if not removed within the default timeframes?

Correct Answer

D) The title contingency, which allows the buyer to cancel if a preliminary title report reveals encumbrances the buyer finds unacceptable

The C.A.R. RPA includes three standard buyer contingencies with default removal deadlines: (1) the loan contingency, (2) the appraisal contingency, and (3) the investigation/inspection contingency. While buyers do review title reports under the RPA, title review is addressed through the seller's obligation to provide a preliminary report and is not structured as one of the three named contingencies with an automatic cancellation right tied to a default removal period.

Answer Options
A
The loan contingency, which allows the buyer to cancel if financing approval is not obtained within the specified period
B
The appraisal contingency, which allows the buyer to cancel if the property appraises below the purchase price
C
The investigation contingency, which allows the buyer to cancel based on the results of property inspections and disclosures
D
The title contingency, which allows the buyer to cancel if a preliminary title report reveals encumbrances the buyer finds unacceptable

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Related Topics & Key Terms

Key Terms:

contingenciesRPAhome_warrantyinspectionloanappraisal

Related Concepts

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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