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Linda and James execute a C.A.R. RPA for a $900,000 home in Pasadena. The agreement includes a 21-day loan contingency. On day 18, James's lender informs him that his loan has been denied due to insufficient income verification. James promptly notifies Linda's agent. Under the C.A.R. RPA, what is the likely outcome?

Correct Answer

D) James can cancel the contract and receive a full refund of his deposit since the cancellation is within the loan contingency period

Under the C.A.R. RPA, if the buyer cannot obtain financing within the loan contingency period and provides timely notice of cancellation, the buyer is entitled to cancel the contract and receive a full refund of the earnest money deposit. James cancelled on day 18, which is within the 21-day loan contingency period.

Answer Options
A
James forfeits his entire earnest money deposit because the loan denial was due to his own financial shortcomings
B
James must find alternative financing within an additional 10-day grace period before he can cancel
C
The seller can demand that James proceed with the purchase using cash or other non-contingent financing
D
James can cancel the contract and receive a full refund of his deposit since the cancellation is within the loan contingency period

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Related Topics & Key Terms

Key Terms:

loan_contingencycancellationdeposit_refundRPAfinancing

Related Concepts

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

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