EstatePass
ContractsContingencies_and_cancellationMEDIUM

A buyer and seller in Folsom have a fully executed C.A.R. RPA. The buyer has removed all contingencies. The buyer then discovers that the seller's Preliminary Title Report shows an undisclosed lien from a prior contractor. Under the C.A.R. RPA, what is the seller's obligation regarding title?

Correct Answer

C) The seller is obligated to deliver marketable title free of undisclosed liens, and must resolve the lien before closing

Under the C.A.R. RPA, the seller is obligated to deliver title in the condition specified in the contract, typically free of undisclosed liens and encumbrances. An undisclosed contractor's lien that was not agreed to by the buyer must be resolved by the seller before closing. This obligation exists independent of the buyer's contingency removal.

Answer Options
A
The seller has no obligation to clear title issues discovered after contingency removal
B
The buyer must accept the property subject to the existing lien since contingencies were removed
C
The seller is obligated to deliver marketable title free of undisclosed liens, and must resolve the lien before closing
D
The escrow company is responsible for clearing all liens regardless of the seller's actions

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Common Mistakes to Avoid on Contracts Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

titleundisclosed_lienseller_obligationmarketable_title

Related Concepts

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.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Was this explanation helpful?

More Contracts Questions

People Also Study

Related Articles

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing