ContractsIntermediateArizona Exam

In Arizona, a 'mutual release' of a purchase contract with earnest money dispute must be:

AOrdered by a court judge in a quiet title action, since Arizona courts hold that earnest money can only be released by court order when the parties are in dispute
BSigned by both buyer and seller and typically by the escrow holder before earnest money is releasedCorrect
CApproved by ADRE before execution, since earnest money release involves a broker trust account and requires regulatory oversight of the closing transaction
DFiled with the county recorder within 10 days of execution to provide constructive notice that the property is no longer encumbered by an active purchase contract

Why Signed by both buyer and seller and typically by the escrow holder before earnest money is released Is Correct

Answer B: Signed by both buyer and seller and typically by the escrow holder before earnest money is released

When a contract is cancelled by mutual agreement, a mutual release form signed by both parties authorizes the escrow holder to disburse the earnest money as directed. Without mutual release, escrow cannot release disputed funds without court order.

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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