FACTS: The parties entered into an Arizona REALTORS® Residential Resale Real Estate Purchase Contract (“Contract”).  At the time of the Contract, the spa was working.  One week before closing, the seller notifies the buyer that the spa is not working.

ISSUE: Is the seller obligated to repair the spa?

ANSWER: Yes.

DISCUSSION:         

Pursuant to Section 5a, the property is sold in its present physical condition. However, the Contract further states that the seller shall maintain the Premises, including personal property included in the sale, so that it will be in substantially the same condition as on the date of Contract acceptance.

Because there is no dispute that the spa was working when the Contract was formed, the seller is obligated to repair the spa.