Seller and their agent entered into a Residential Listing Contract Exclusive Right to Sell/Rent (“Listing Contract”). The Listing Contract does not address whether Seller is responsible for keeping utilities on for purposes of Buyer’s walkthroughs and inspections. Thereafter, Buyer and Seller entered into the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (“Purchase Contract”) following which Seller scheduled a home inspection.
Must Seller have all utilities on when Buyer’s home inspection is performed?
The Residential Purchase Contract, not the Listing Contract, is the agreement that outlines the contractual duties Buyer and Seller owe to one another. Lines 302-304 of the Purchase Contract state: “Seller shall make the Premises available for all inspections and walkthroughs upon reasonable notice by Buyer. Seller shall, at Seller’s expense, have all utilities on, including any propane, until COE to enable Buyer to conduct these inspections and walkthroughs.” As such, Seller must have all utilities on when Buyer’s home inspection is performed.