Updated February 2017

ISSUE:

During the ten-day inspection period, the buyer delivered to the seller the BINSR requesting that the seller correct a roof problem.  Under Section 6j of the Contract, the seller had five days to respond.  Two days after delivering the BINSR, and prior to the seller’s response, the buyer delivered to the seller a notice of cancellation because of the roof problem.  The seller is willing to correct the roof problem.  Can the buyer cancel the Contract after originally giving the seller the opportunity to correct the roof problem?

ANSWER:

No. The buyer does not have “two bites at the apple.”  After the buyer gave the seller five days to correct the roof problem, the buyer was not entitled to cancel the Contract unless the seller did not respond within five days, or the seller refused to correct the roof problem within five days.  See Contract, Section 6j.

Arizona REALTOR® Magazine – August 2011


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.