I agree, this is definitely a broken tort. Torts (short for tortoiseshell) are non-agouti (aa) self-colored rabbits with the fawn non-extension ee recessive. The orange covers the body, but the black/chocolate (B- or bb) still shows through at the points (nose, ears, feet, tail--the places that are furthest from the body and thus cooler than the rest). Depending on whether the rabbit also has dense color D- or the paler diluted color recessive dd, the points will be either be:
Black aa B- C- D- ee
Chocolate aa bb C- D- ee
Blue aa B- C- dd ee
Lilac aa bb C- dd ee
Whenever you see a broken rabbit with a fawn/orange/red/cream body, but the ears and nose are a darker shade, you know you have a broken tort. The next thing to do is to determine what the ear/nose color is. A black tort will have dark gray to black on the ears, blue torts have blue. (lighter gray than black) chocolate torts have medium chocolate brown, and lilac torts have lilac (lighter beige-brown than chocolate). Also, in the dilute colors (blue and lilac), the body color also tends to be paler.
Black torts often have gray but not full black points, some breeds more so than others. I can see why there is so much debate about this kit, as some photos look chocolate, others black-based, and since the points are not pure black, could be considered blue. I truly can't tell which from here, but it appears the lacing around the ear is indeed black, and I'd guess broken black tort, just a guess. What this rabbit does not appear to be is a tricolor. Tricolor is specifically a broken harlequin. This rabbit only has color on the points, like a tort, not in scattered patches like a harlie. Torts are not the same as harlequins, even though they do both have fawn and color separated on the body. When you see a kit you think might be a tricolor, look for the harlequin pattern in patches other than the points. A broken harlequin is properly called a tricolor, a broken tortoiseshell is simply a broken tort. There's a lot of broken torts out there with 'tricolor' on their pedigree, you have to look close to see where the color patterning is found to see if they truly are a broken harlequin tricolor, or just a broken tort (both of which are lovely, I have both and love them.)