FACTS:

A buyer and seller entered into a residential purchase contract.  During the Inspection Period, the Buyer completed page one of the Buyer’s Inspection Notice and Seller’s Response (“BINSR”) requesting repairs from the seller.  The seller responded on page two of the BINSR indicating the seller would repair all of the items the buyer had requested.  The seller returned the BINSR to the buyer.

Several days prior to closing, the buyer delivered the BINSR to the seller, indicating at the bottom of page two that the buyer was electing to cancel.

ISSUE:

Can the Buyer use the BINSR to cancel the contract after the seller agreed to all repairs on the BINSR?

ANSWER:

No.

DISCUSSION:

Because the Seller agreed to make all repairs requested in the BINSR, the Buyer has no basis to cancel.  The BINSR should only be used for cancellation pursuant to section 6j of the contract.  That is not the circumstance here.