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Depending on the contract, there's usually a specific date that inspections have to be completed by; if this date hasn't passed, the buyer can notify the seller, in writing, of their intent to cancel the purchase agreement. In this scenario, they'll be entitled to have their earnest money refunded.
The Exclusive Right-to-Buy Agreement obligates the buyer to pay the broker if the selling broker cannot be compensated from some other source. The obligation for the seller to pay the broker a commission is a provision which benefits the buyer and is an agreement between the buyer and the seller.
(f) A broker may omit part or all of the following provisions of the \u201cContract to Buy and Sell Real Estate\u201d, or corresponding provisions in other Commission-approved forms, if such provisions do not apply to the transaction.
Which of the following is correct according to the Colorado Real Estate Commission Position Statement regarding Rule F? Brokers may not add exculpatory language limiting their liability to any contract to which they are not a party such as the Contract to Buy and Sell.
A buyer breaches the contract by not paying the earnest money at the agreed time. A buyer can be liable for the amount of the earnest money even if it is not paid.
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They don't have any opportunities to terminate the contract unless the buyer provides those opportunities. Once a buyer is under contract that property is theirs to buy, or not. If the contract is followed, the buyer can terminate the sale with a valid reason and receive 100% of their earnest money back.
In Colorado, real estate agreements have to occur in writing. If it's not in writing, it never happened! Therefore, you are under contract only if and when both parties have signed the contract. Congratulations!
If you're considering purchasing or selling a resale home (meaning an existing home rather than a new build home) in Colorado, the agreement under which you might purchase or sell the property is the Colorado Real Estate Commission's (\u201cCREC\u201d) Contract to Buy and Sell Real Estate (Residential).
In Colorado, a seller can get out of a real estate contract if the buyer's contingencies are not met\u2014these include financial, appraisal, inspection, insurance or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale.
If you are not a licensed real estate agent, you cannot market a property if you want to assign a contract. You can only market the rights to the contract you hold. This is a critical distinction. As a wholesaler, when you assign a contract, you'll collect an assignment fee for your efforts.

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