Contracts
Under the Utah REPC, a seller who fails to close on the agreed date without justification may be in:
ATechnical default that requires a court finding before any remedies apply
BMaterial breach, entitling the buyer to cancel, recover earnest money, and sue for damages✓ Correct
CMinor breach entitling the buyer only to a closing date extension
DNo breach if the seller provides a written excuse within 5 business days
Explanation
Failure to close on the agreed date is a material breach under the Utah REPC (especially where time is of the essence), entitling the non-defaulting buyer to cancel, recover earnest money, and pursue actual damages.
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