FACTS: Buyer and seller are in the Inspection Period. The buyer timely delivered an Arizona REALTORS® Residential Buyer’s Inspection Notice and Seller’s Response (“BINSR”) to the seller requesting six items be repaired.  The seller responded stating he would repair four of the six items.

Thereafter, the buyer did not deliver the BINSR to the seller with acceptance of the seller’s response.  However, buyer did not cancel either.

Now, the seller has sent the buyer a Cure Notice for failing to sign the BINSR accepting the seller’s BINSR response.

ISSUE: Should the seller send a Cure Notice if the buyer does not sign the BINSR, but proceeds toward closing?

ANSWER: No.

DISCUSSION:    

Section 6(j)(2)(c) of the contract states: “If Buyer does not cancel this Contract within five (5) days as provided, Buyer shall close escrow without those items that Seller has not agreed in writing to correct or address.”

Therefore, no Cure Notice is required.  Buyer must proceed to closing, and the seller is obligated to repair the four items he agreed to repair.