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Az ContractsContract_provisions_azHARD

A Paradise Valley luxury home sale includes a clause stating 'This contract is contingent upon buyer's sale of existing residence at 123 Oak Street within 60 days.' After 45 days with no offers on the buyer's home, the seller receives another offer and wants to force a decision. What can the seller do under Arizona law?

Correct Answer

B) Give the buyer 72 hours to remove the contingency or terminate

Correct: Arizona law allows sellers to give buyers a specified time period (typically 72 hours) to remove contingencies when the seller receives another acceptable offer, creating a 'kick-out' or 'bump' situation. Why not A: Immediate termination without notice violates the contingency terms. Why not C: Sellers don't have to wait the full period when they have backup offers. Why not D: Accepting multiple contracts would be breach of fiduciary duty and contract law.

Answer Options
A
Immediately terminate the contract and accept the new offer
B
Give the buyer 72 hours to remove the contingency or terminate
C
Wait for the full 60-day period to expire before taking action
D
Accept both contracts and let the buyers compete

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Related Topics & Key Terms

Key Terms:

sale_contingencykick_out_clausecompeting_offerscontingency_removal

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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