ContractsIntermediateArizona Exam

Under Arizona law, when a buyer delivers an earnest money check to the broker, and the check is returned by the bank for insufficient funds, the broker MUST:

ACancel the purchase contract immediately
BNotify the seller (and listing broker, if applicable) of the dishonored check promptlyCorrect
CCover the shortfall from the broker's own funds
DHold the bounced check until the buyer provides replacement funds

Why Notify the seller (and listing broker, if applicable) of the dishonored check promptly Is Correct

Answer B: Notify the seller (and listing broker, if applicable) of the dishonored check promptly

If an earnest money check is dishonored, the broker must promptly notify the seller (and listing broker, if different) of the returned check. This is a material fact that affects the seller's decision about whether to continue the transaction.

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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