After the close of escrow the buyer discovers that the seller has removed the built-in range/oven. The cost to replace the built-in range/oven will be $1,500. Can the buyer immediately file a claim for $1,500 against the seller in small claims court?
Under the Contract, the refrigerator was to be conveyed to the buyer. At the walkthrough prior to closing, the refrigerator was in the home. After closing, the buyer discovers that the refrigerator has been wrongfully taken by the seller. The buyer delivers a three-day Cure Period notice to the seller. After the three-day Cure Period, the seller still refuses to deliver the refrigerator to the buyer. Can the buyer cancel the Contract?
Although the buyer has qualified for the loan, the buyer’s out-of-state lender still has not funded the loan two weeks after the scheduled closing date. The seller has been patient, but the seller now wants to cancel the Contract. Is the seller required to furnish a three-day Cure Period notice to the buyer?
Two weeks before the scheduled closing date, the buyer sends a letter to the seller that the buyer no longer wants to purchase the home because the buyer’s employer will no longer be relocating the buyer to Arizona. The seller wants to cancel the Contract immediately and place the home back on the market. Can the seller cancel the Contract immediately after receiving the buyer’s letter that the buyer no longer wants to purchase the home?
The seller has not completed the repairs by the scheduled close of escrow date. Although the buyer qualified for the loan, the buyer’s loan has not funded by the scheduled closing escrow date. Both the seller and the buyer on the day after closing deliver three-day Cure Period notices. After the expiration of the three-day Cure Period, the seller still has not completed the repairs, and the buyer’s loan still has not funded. Can either the seller or the buyer cancel the Contract because of a breach of contract?
The Seller delivers the 3-day cure notice on Tuesday at 12:01 a.m. When does the cure period end?
COE is Wednesday the 15th. On Thursday the 16th the Seller sends the Buyer a 3-day Cure Period notice for failure to close escrow. The Buyer does not close escrow by Monday the 20th, and the escrow company forfeits the Buyer’s $10,000 earnest money to the Seller. The Buyer has now started the mediation process to contest the forfeiture of the earnest money, claiming that he has three days to close escrow, permitting him to close escrow by Tuesday the 21st. Is the Seller or Buyer correct?
The Seller is very upset that the Buyer has not signed the loan documents on Monday because the COE is Friday. The Seller calls his agent and state “…I have the moving van arriving, and I need to move?” If the COE is Friday, when is the last day the Buyer has to sign the loan documents, Monday or Tuesday or Wednesday?
COE is Wednesday the 11th. On Friday the 13th the Seller delivers a 3-day cure for buyer failure to close escrow. The Buyer does not respond. Is this sufficient instruction for the escrow company to forfeit the Buyer’s earnest money to the Seller?
The Seller sends the cure period notice by email. There was no email address on the contract, but during the course of the escrow, the email address for the Buyer’s Agent and Buyer was provided to the Seller and his agent. Is this proper notice?
What should the Seller do if the COE date arrives and the Buyer does not close or deliver notice that thy Buyer was unable to obtain loan approval?
On day 5 of the inspection period, the Buyer submits the BINSR is indicating the “Buyer elects to provide the Seller the opportunity to correct the disapproved items listed below”. The Buyer lists four items. The Seller fails to respond within the five-day response period. Should the Buyer issue “Cure”?