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ContractsBreach_and_remediesMEDIUM

A buyer discovers after closing that the seller knowingly concealed a material defect. The buyer wants the sale undone and to be restored to the pre-purchase position. What remedy is the buyer seeking?

Correct Answer

B) Rescission

Rescission cancels the contract and restores the parties as nearly as possible to their precontract positions.

Answer Options
A
Specific performance
B
Rescission
C
Liquidated damages
D
Anticipatory breach

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Related Topics & Key Terms

Key Terms:

breach_and_remediescontractsrescissionfraud

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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.

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