ContractsIntermediateArizona Exam

An Arizona REALTORS® Purchase Contract includes a default clause specifying that the seller may retain the earnest money as liquidated damages. What must the seller do to trigger this remedy?

ASimply retain the earnest money without any additional notice or waiting period once the seller determines that the buyer has failed to perform any contractual obligation
BProvide written notice of default and allow the cure period to expire before claiming the earnest money as damagesCorrect
CFile a lawsuit against the buyer in superior court to have the court formally award the earnest money as liquidated damages before any distribution from the escrow account
DImmediately authorize a new listing with another agent and return the earnest money to the buyer to clear the escrow account and enable a fresh marketing effort

Why Provide written notice of default and allow the cure period to expire before claiming the earnest money as damages Is Correct

Answer B: Provide written notice of default and allow the cure period to expire before claiming the earnest money as damages

Even with a liquidated damages clause, the seller typically must provide written notice of the buyer's default and allow the contractual cure period to expire before claiming the earnest money. Proper procedure protects the seller's right to the remedy.

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

People Also Study

Math Concepts

Practice More Arizona Real Estate Questions

1,400+ questions covering all exam topics. Start free — no signup required.

Take the Free Arizona Quiz →