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Contracts & Transfer of TitleNational portion

Breach & Remedies — Both DirectionsReal estate exam study notes

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.

5 key facts 5 practice questions Reviewed Oct 2026
The 1-minute sheetCinna RE

Key ideas

  • 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.

Before you read

Test yourself first: 5 questions

Question 1 of 5

If a seller breaches a valid purchase contract, the buyer may seek:

What you need to know

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.

Breach & Remedies — Both Directions: FAQs

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 Cinna RE'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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