FACTS:                    

The buyer and seller entered into an Arizona REALTOR® residential purchase contract.  Subsequently, in an addendum, the seller agreed to convey several cars on the Property to buyer as part of the transaction. 

ISSUE:                      

Can the buyer cancel the purchase contract upon finding out one of the cars does not run?

ANSWER:                

See discussion.

DISCUSSION:         

Probably not, Section 6j of the Contract provides that the buyer can cancel within the Inspection Period if the buyer “disapproves of items as allowed herein.” This language references Section 6a of the Contract, which specifies the items which the buyer can investigate during the Inspection Period. All of these items relate to the real property, and not personal property. Therefore, the buyer cannot cancel because one of the cars is inoperable.