ContractsIntermediateArizona Exam

In Arizona, a 'contingency' in a purchase contract is a condition that must be satisfied for:

AThe gross commission to be paid from closing proceeds, with the clause specifying the percentage owed to each cooperating agent's brokerage
BThe contract to remain binding—failure to satisfy the contingency allows the contingent party to cancelCorrect
CThe deed to be recorded with the county recorder at closing, with the clause confirming that recording must occur before title passes to the buyer
DThe title insurance policy to be issued by the selected underwriter, with the clause establishing conditions precedent for the policy to become effective

Why The contract to remain binding—failure to satisfy the contingency allows the contingent party to cancel Is Correct

Answer B: The contract to remain binding—failure to satisfy the contingency allows the contingent party to cancel

A contingency is a condition precedent that must be fulfilled for the contract to remain binding. Common contingencies include financing, inspection, and appraisal.

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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