ContractsIntermediateArizona Exam

An Arizona purchase contract includes a financing contingency. The buyer cannot obtain financing and fails to notify the seller by the contingency deadline. What is the result?

AThe buyer automatically receives a refund of earnest money
BThe contingency may be deemed waived, and the buyer could be in defaultCorrect
CThe contract is automatically extended by 30 days
DThe seller must accept a reduced purchase price

Why The contingency may be deemed waived, and the buyer could be in default Is Correct

Answer B: The contingency may be deemed waived, and the buyer could be in default

If a buyer fails to notify the seller of a contingency failure by the specified deadline, the contingency may be considered waived. This means the contract remains binding, and failure to close could constitute a breach.

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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