3. Goldenrod offered to buy a mortgaged property owned by paid an earnest money amounting to P1 million. It was agreed upon that Goldenrod would pay the outstanding obligations of Barreto Realty with UCPB. However, Goldenrod did not pay UCPB because of the banks denial of its request for the extension to pay the obligation. Thereafter, Goldenrod, through its brocker, informed Barreto Realty that it could not go through with the purchase of the property and also demanded the refund of the earnest money it paid. In the absence of a specific stipulation, may the seller of real estate unilaterally rescind the contract and as a consequence keep the earnest money to answer for damages in the event the sale- fails due to the fault of the prospective buyer? Who are the persons incapacitated to give consent? Support your answer. eaity

CONCEPTS IN FED.TAX.,2020-W/ACCESS
20th Edition
ISBN:9780357110362
Author:Murphy
Publisher:Murphy
Chapter12: Nonrecognition Transactions
Section: Chapter Questions
Problem 22P
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3. Goldenrod offered to buy a mortgaged property owned by Barreto Realty to which it
paid an earnest money amounting to P1 million. It was agreed upon that Goldenrod
would pay the outstanding obligations of Barreto Realty with UCPB. However,
Goldenrod did not pay UCPB because of the banks denial of its request for the
extension to pay the obligation. Thereafter, Goldenrod, through its brocker, informed
Barreto Realty that it could not go through with the purchase of the property and also
demanded the refund of the earnest money it paid. In the absence of a specific
stipulation, may the seller of real estate unilaterally rescind the contract and as a
consequence keep the earnest money to answer for damages in the event the sale
fails due to the fault of the prospective buyer? Who are the persons incapacitated to
give consent? Support your answer.
Transcribed Image Text:3. Goldenrod offered to buy a mortgaged property owned by Barreto Realty to which it paid an earnest money amounting to P1 million. It was agreed upon that Goldenrod would pay the outstanding obligations of Barreto Realty with UCPB. However, Goldenrod did not pay UCPB because of the banks denial of its request for the extension to pay the obligation. Thereafter, Goldenrod, through its brocker, informed Barreto Realty that it could not go through with the purchase of the property and also demanded the refund of the earnest money it paid. In the absence of a specific stipulation, may the seller of real estate unilaterally rescind the contract and as a consequence keep the earnest money to answer for damages in the event the sale fails due to the fault of the prospective buyer? Who are the persons incapacitated to give consent? Support your answer.
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