FACTS:                     

The buyer and seller entered into an Arizona REALTORS® Residential Resale Real Estate Contract (Contract).  Pursuant to the Contract, the buyer is paying cash and waived the appraisal contingency.  While escrow was pending the buyer requested access to the property for an appraiser.  The seller refused, claiming the buyer had no right to conduct an appraisal because the appraisal contingency was waived.

ISSUE:                      

Is the seller contractually obligated to allow access to an appraiser?

ANSWER:                

Yes.

DISCUSSION:

The waiver of the appraisal contingency only removes the buyer’s right to cancel the Contract if the property appraises for less than the purchase price.  Thus, even if the property does not appraise for the purchase price, the buyer cannot cancel but, rather, must close escrow.  Waiving the appraisal contingency does not mean the buyer cannot investigate value via an appraisal or otherwise.  In fact, Section 6a of the Contract allows a buyer to investigate the condition and value of the Property during the inspection period.  Additionally, the seller’s contractual obligation to allow access continues even after the inspection period is over.  Specifically, Section 6m provides: “Seller shall make the Premises available for all inspections and walkthrough(s) upon reasonable notice by Buyer.”  Accordingly, as long as the buyer provides reasonable notice, the seller is contractually obligated to allow access to the appraiser.