FACTS: A buyer and seller had agreed upon a close of escrow date of October 12th.  The seller lived out of the country. The seller was not able to overnight the executed closing documents by October 12th, and therefore offered the buyer pre-possession.

The buyer agreed to the offer of pre-possession.  Additionally, an addendum was drafted extending the close of escrow to October 18th.  The buyer and seller both signed the addendum.

The buyer moved into the property and issued a Cure Notice to the seller on October 14 for failure to close escrow.

ISSUE: Can the buyer issue a Cure Notice to the seller for failure to close escrow?

ANSWER: No.

DISCUSSION:           

The buyer and seller both signed the addendum extending the close of escrow date to October 18th, therefore, no party is in breach at this time.