ContractsIntermediateArizona Exam

An Arizona buyer submits an offer with a contingency that financing must be secured within 10 days. The seller accepts. If the buyer cannot secure financing within 10 days, the result is:

AThe buyer automatically forfeits the earnest money
BThe buyer may cancel the contract and receive the earnest money back per the contingencyCorrect
CThe seller can sue the buyer for specific performance
DThe contract automatically extends for another 10 days

Why The buyer may cancel the contract and receive the earnest money back per the contingency Is Correct

Answer B: The buyer may cancel the contract and receive the earnest money back per the contingency

If a valid financing contingency is included and the buyer cannot satisfy it within the specified timeframe, the buyer may cancel the contract without penalty and receive the earnest money refund as stated in the contingency.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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