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Az ContractsContract_provisions_azMEDIUM

A buyer in Phoenix submits an offer on a home with a contingency clause stating the purchase is subject to obtaining financing within 30 days. On day 25, the buyer's lender denies the loan application. What must the buyer do to properly exercise this contingency under Arizona law?

Correct Answer

B) Provide written notice to the seller within the contingency period

Correct: Under Arizona law, contingencies must be properly exercised through written notice within the specified time period. Why not A: Walking away without proper notice may result in breach of contract. Why not C: Waiting until the last day is risky and may not allow proper notice. Why not D: Earnest money return requires proper contingency exercise procedures.

Answer Options
A
Simply walk away from the contract without notice
B
Provide written notice to the seller within the contingency period
C
Wait until day 30 to make a decision
D
Automatically receive earnest money back without any action

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Related Topics & Key Terms

Key Terms:

contingencyfinancingwritten_noticetime_limits

Related Concepts

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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