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Janet is selling her home in Conway, Arkansas. The buyer's agent presents a purchase agreement with an inspection contingency giving the buyer 10 days to conduct inspections. After the inspection, the buyer requests that Janet replace the aging HVAC system. Janet refuses. The buyer then sends written notice within the contingency period stating they are terminating the contract. Under Arkansas law, what happens to the earnest money?

Correct Answer

A) The earnest money is returned to the buyer because they terminated within the contingency period

When a buyer exercises their right to terminate a contract within the terms of a valid inspection contingency, the contract is voided without penalty to the buyer. Under Arkansas real estate practice and AREC rules, the earnest money must be returned to the buyer because the termination was contractually authorized. The buyer followed the proper procedure by providing written notice within the contingency period.

Answer Options
A
The earnest money is returned to the buyer because they terminated within the contingency period
B
The earnest money is split equally between the buyer and seller as a compromise
C
The earnest money is forfeited to the seller because the buyer terminated the contract
D
The earnest money is held by the broker until a court orders its disbursement

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Related Topics & Key Terms

Key Terms:

inspection_contingencyearnest_moneycontract_terminationbuyer_rights

Related Concepts

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

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