FACTS: The buyer submitted a BINSR to the seller asking for a list of repairs. The seller responded that she was unwilling to make any repairs, and that the buyer had one day to accept the seller’s response or the seller would cancel.

ISSUE: Can a seller unilaterally alter the contract by adding new terms in a BINSR response?

ANSWER: No.

DISCUSSION:         

Two parties can mutually agree to amend a contract.  However, here the seller is trying to impose a new condition unilaterally.  The Arizona REALTORS® Residential Resale Real Estate Purchase Contract states that the buyer has five days to cancel the contract, or proceed, after the seller has provided a response to the buyer’s BINSR notice. Therefore, if the buyer ignores the seller’s demand of responding in one day, the underlying contract terms remain and the buyer has five days to cancel or proceed with the contract.