ContractsIntermediateArizona Exam

Under the Arizona AAR contract, if the seller fails to close escrow on the scheduled closing date through no fault of the buyer, the buyer may:

AImmediately file a lawsuit seeking actual damages and attorney's fees from the seller, without any obligation to first notify the seller that a breach has occurred
BCancel the contract and receive a full earnest money refund, or pursue other remedies including specific performanceCorrect
COnly wait for the seller to propose and agree to a new closing date, since Arizona law does not recognize buyer remedies for a seller's first missed closing deadline
DAccept any new closing date proposed by the seller within 30 days, since the buyer waives all cancellation rights by remaining in the contract past the original closing date

Why Cancel the contract and receive a full earnest money refund, or pursue other remedies including specific performance Is Correct

Answer B: Cancel the contract and receive a full earnest money refund, or pursue other remedies including specific performance

If a seller fails to perform on the closing date, the buyer typically has the right to cancel the contract and recover their earnest money, or pursue legal remedies including specific performance or damages.

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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