FACTS:

A buyer and seller enter into an Arizona REALTORS® Residential Resale Real Estate Purchase Contract (the “Contract”). After the inspection period was completed, the buyer made additional requests to visit the property for purposes of obtaining contractor’s bids for carpet and draperies.

The seller refuses the buyer’s request.

ISSUE:

Can the seller refuse to allow the buyer to enter the property after the inspection period?

ANSWER:

Yes

DISCUSSION:

Pursuant to the terms of the Contract, there are certain times under which the seller must allow the buyer access to the Premises.  The first occurs during the inspection period and is addressed in Section 6m of the Contract which states “Seller shall make the Premises available for all inspections and walkthrough(s) upon reasonable notice by Buyer.”

The next instance typically occurs three (3) days before close of escrow and is addressed in Section 6l of the Contract which provides that the buyer may access the property at reasonable times for purpose of satisfying the buyer that the corrections or repairs have been completed, as agreed, or that the property is in substantially the same condition as of the date of Contract acceptance.

Therefore, although many sellers are courteous and allow the buyer to visit the property for contractor’s bids, the seller does not have to agree to additional walkthroughs to obtain bids for carpet and draperies pursuant to the Contract.