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Breach & Remedies — Both Directions

National · Contracts & Transfer of Title — free study notes for the real estate licensing exam.

📄 Contracts & Transfer of Title

📖 What you need to know

When the BUYER defaults, the seller may keep the earnest money as liquidated damages (if the contract says so), sue for actual damages, or sue for specific performance — though forcing a buyer to buy is rare. When the SELLER defaults, the buyer's remedies are stronger: specific performance (courts force conveyance because land is unique), rescission with full refund, or damages. RESCISSION unwinds the deal and restores both parties to their starting positions. Mutual agreement can also cancel: a release or a novation substituting a new deal. Waiver: accepting late performance without protest can forfeit the right to complain about it.

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Related in Contracts & Transfer of Title

Offer & Acceptance — The DanceNationalContingencies — Escape HatchesNationalEarnest Money & Liquidated DamagesNationalOptions & Rights of First RefusalNationalAssignment vs NovationNationalStatute of Frauds & PerformanceNationalContracts — Validity & RemediesNationalValid Contract — Must-HavesNational

Questions students ask

Is Breach & Remedies — Both Directions on the real estate exam?

Yes. Contracts & Transfer of Title is a scored domain on the real estate licensing exam, and this topic appears in the national portion.

Is this cheat sheet free?

Yes — every page on CinnaPrep's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.

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