ContractsIntermediateArizona Exam

In Arizona, a 'backup offer' on a property already under contract is:

AProhibited under Arizona law since A.R.S. §32-2151 requires immediate earnest money deposit upon receipt, creating a conflict when two deposits are held simultaneously
BPermitted and should be accompanied by earnest money; it becomes the primary contract if the first contract falls throughCorrect
CValid only with written approval of the first buyer's designated broker, since the first buyer has a contractual right to privacy in their negotiating position
DPermitted only in commercial real estate transactions; residential backup offers are prohibited under the Arizona Association of Realtors standard purchase contract

Why Permitted and should be accompanied by earnest money; it becomes the primary contract if the first contract falls through Is Correct

Answer B: Permitted and should be accompanied by earnest money; it becomes the primary contract if the first contract falls through

Backup offers are legal and common in Arizona. A buyer can submit a backup offer that goes into second position.

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.

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