Contracts

Under Arizona law, if a buyer exercises a contingency and cancels a purchase contract in good faith, the earnest money deposit:

AIs automatically forfeited to the seller as compensation for taking the property off the market
BShould be returned to the buyer since the contingency was not satisfied✓ Correct
CIs split equally between the buyer and seller
DIs held by the escrow company until a court order is received

Explanation

When a buyer properly exercises a contingency (such as an inspection contingency or financing contingency) and cancels the contract in good faith because the contingency was not satisfied, the earnest money should be returned to the buyer. The contingency was a condition of the buyer's obligation to proceed.

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