A Scottsdale buyer's contract includes a clause stating 'Seller to provide a home warranty at closing.' Three days before closing, the seller informs the buyer they will not provide the warranty. Under Arizona contract law, what are the buyer's options?
Correct Answer
D) Both A and B are correct options
The buyer can either accept the breach and proceed with closing, or cancel for material breach and recover their earnest money. Both are valid legal options. Option A alone is incorrect because it's not the only option. Option B alone is incorrect because it's not the only option. Option C is incorrect because buyers cannot unilaterally deduct costs from the purchase price without agreement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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.
More Az Contracts Questions
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What is the purpose of the AAR Buyer's Inspection Notice and Seller's Response form?
Under the current AAR Buyer Advisory, during an Arizona file audit in Yavapai County, a buyer assumes the Arizona Buyer Advisory is a guarantee that every due-diligence issue has already been verified by the broker. What should the parties assume under current Arizona rules?
- → In a Goodyear transaction review, a salesperson wonders whether all issues belong inside the core purchase contract body even when a specialized addendum exists. What is the best answer under current Arizona law or current Arizona form practice?
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- → Under the current AAR Buyer Advisory, in a Glendale transaction review, a buyer assumes the Arizona Buyer Advisory is a guarantee that every due-diligence issue has already been verified by the broker. What is the most accurate response?
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