Escrow & TitleIntermediateArizona Exam

In Arizona, a seller who is unable to deliver marketable title at closing:

AMust close the transaction and provide the buyer with an escrow holdback equal to the estimated cost of curing the title defect within 90 days after closing
BMay be in breach of contract, allowing the buyer to cancel and recover their earnest money or pursue specific performanceCorrect
CMay require the buyer to accept a quitclaim deed rather than the warranty deed specified in the contract, with a proportional reduction in the purchase price
DMust reduce the purchase price by the title company's estimated cost to cure the defect before any escrow closing instructions can be signed by the parties

Why May be in breach of contract, allowing the buyer to cancel and recover their earnest money or pursue specific performance Is Correct

Answer B: May be in breach of contract, allowing the buyer to cancel and recover their earnest money or pursue specific performance

If the seller cannot deliver marketable title as required by the contract, the seller may be in breach. The buyer can typically cancel the contract, recover their earnest money, or seek specific performance with a price reduction.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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