FACTS:                    

After the contract was signed and while escrow was pending, the seller was incarcerated.  The buyer is concerned about a successful close of escrow in light of the seller’s incarceration.

ISSUE:                      

May the seller close escrow even while in jail?

ANSWER:                

See discussion.

DISCUSSION:         

Provided the seller has capacity and the terms of his incarceration enable him to sign documents, there is no prohibition against the seller closing escrow while in jail.

Note:  A real estate licensee may not practice real estate while in jail.  See A.R.S. Section 32-2166.