Contracts

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 promptly✓ Correct
CCover the shortfall from the broker's own funds
DHold the bounced check until the buyer provides replacement funds

Explanation

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.

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