FACTS:                    

The buyer and seller entered into an Arizona REALTOR® Residential Resale Real Estate Purchase Contract (Contract). During the inspection period, the buyer elected to cancel the Contract based on the results of a termite inspection obtained by the buyer. The seller did not contest the cancellation and further agreed to refund the buyer his earnest money.  However, the seller did ask for a copy of the termite report.  The buyer refuses to provide a copy.

ISSUE:                      

Is the buyer required to provide a copy of the termite report?

ANSWER:                

Yes.

DISCUSSION:         

The Contract provides at lines 222-223:  “Buyer shall provide Seller and Broker(s) upon receipt, at no cost, copies of all inspection reports concerning the Premises obtained by Buyer.”  The buyer is therefore contractually obligated to provide the termite report to the seller.