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A buyer and seller in Phoenix enter into a purchase contract that includes a provision stating 'Time is of the essence.' The buyer fails to close escrow by the specified date due to a minor delay in loan processing. Under Arizona law, what is the most likely consequence?

Correct Answer

B) The seller may declare the contract in default and pursue remedies including keeping earnest money

When 'time is of the essence' is included in a contract, failure to perform by the specified date constitutes a material breach, allowing the non-breaching party to declare default and pursue available remedies. Option A is incorrect because the contract doesn't automatically void - the seller must take action. Option C is incorrect because Arizona law doesn't provide an automatic grace period when time is of the essence. Option D is incorrect because the contract doesn't automatically extend when time is of the essence.

Answer Options
A
The contract is automatically void and the seller keeps the earnest money
B
The seller may declare the contract in default and pursue remedies including keeping earnest money
C
The buyer has an automatic 5-day grace period to complete the transaction
D
The contract remains valid but the closing date automatically extends 30 days

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

time_is_essencecontract_breachdefault_remedies

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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