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ContractsEarnest_moneyHARD

Under the Utah Real Estate Purchase Contract (REPC), if a buyer fails to deposit earnest money by the deadline, what is the seller's remedy?

Correct Answer

B) The seller may deliver a written notice of default; if the buyer does not cure within the time allowed, the seller may then cancel the contract

Under the Utah REPC, failure to deposit earnest money by the specified deadline constitutes a buyer default. The contract is not automatically void. Instead, the seller must deliver a written notice of default to the buyer. The buyer then has a defined cure period to remedy the default. Only if the buyer fails to cure within that period may the seller elect to cancel the contract. This process protects both parties and ensures the buyer has an opportunity to correct the deficiency before the contract is terminated.

Answer Options
A
The contract is automatically void with no further action required
B
The seller may deliver a written notice of default; if the buyer does not cure within the time allowed, the seller may then cancel the contract
C
The buyer automatically receives a 10-day extension to deliver the funds
D
The listing agent is required to advance the earnest money on the buyer's behalf

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Related Topics & Key Terms

Related Topics:

earnest moneybuyer defaultcontract cancellationUtah REPCnotice of default

Key Terms:

earnest moneybuyer defaultwritten notice of defaultcure periodUtah REPCcontract cancellation

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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