ContractsIntermediateArizona Exam

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 satisfiedCorrect
CIs split equally between the buyer and seller
DIs held by the escrow company until a court order is received

Why Should be returned to the buyer since the contingency was not satisfied Is Correct

Answer B: Should be returned to the buyer since the contingency was not satisfied

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.

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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