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Philippine Bar review · Question

Practice question: Earnest Money

Multiple Choice Medium

Practice question

A perfected sale has genuine earnest money but no unilateral withdrawal term or other discharge ground. The buyer offers to abandon only that sum and treat all performance duties as ended. Which is best?
  1. Every buyer may automatically withdraw by losing the deposit.
  2. No perfected sale creates duties.
  3. Only the buyer’s later preference controls.
  4. Earnest money alone does not supply the asserted release from the sale.
  5. The deposit automatically pays every possible damage without agreement.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Chavez v. Spouses Gopez, G.R.242366, February26,2025, MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_242366_2025.html

Answer this question in flashcards to review your response and continue practicing.