ISSUE:

During the inspection period the seller agreed to make the buyer’s requested roof repairs. On the day of closing the seller has still not made the requested roof repairs. The buyer does not want to cancel the contract, but wants the home. Can the buyer close the transaction without waiving the right to require the seller to make the requested roof repairs?

ANSWER:

Yes. On the day after closing, however, the buyer can deliver a Three-Day Cure Period Notice to the seller regarding the requested roof repairs. If the seller does not complete the requested roof repairs within this three-day period, the buyer can proceed against the seller for the cost of these requested roof repairs. If the cost is less than $2,500, the buyer is entitled to file a complaint in small claims court; if the cost is more than $2,500, the buyer is required to initially institute mediation with the seller.

*The amount for bringing a matter to small claims court has increased to $3,500.

Arizona REALTOR® Digest April 2006 – Updated February 2015


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.