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ContractsContingencies_and_cancellationHARD

A buyer in Daly City has a C.A.R. RPA and the seller provides a Preliminary Title Report showing the property is subject to CC&Rs that restrict short-term rentals. The buyer planned to use the property as an Airbnb investment. The buyer wants to cancel. Is the buyer entitled to cancel and receive a deposit refund?

Correct Answer

B) Yes, if the buyer is still within the investigation contingency period, the buyer may cancel for any reason including dissatisfaction with title conditions

Under the C.A.R. RPA, the investigation contingency allows the buyer to investigate all aspects of the property, including title conditions and CC&Rs. If the buyer discovers restrictions that are unacceptable during the contingency period, the buyer may cancel and receive a full deposit refund. The buyer does not need to justify the reason for cancellation during an active contingency.

Answer Options
A
No, CC&Rs are public record and the buyer should have researched this before making the offer
B
Yes, if the buyer is still within the investigation contingency period, the buyer may cancel for any reason including dissatisfaction with title conditions
C
No, title restrictions cannot be the basis for cancellation under the C.A.R. RPA
D
Yes, but only if the CC&R restriction was enacted after the buyer submitted the offer

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Related Topics & Key Terms

Key Terms:

title_contingencyCCRsinvestigation_contingencyshort_term_rental

Related Concepts

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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.

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