ISSUE:

The purchase contract provides that the buyer has ten days after contract acceptance to notify the seller in writing of any defects. The buyer’s agent notified the listing broker of the defects, but could not locate the seller. Does notice to the listing broker constitute notice to the seller?

ANSWER:

Yes. Under Arizona law, notice to an agent generally constitutes notice to a principle. In Re Milliman’s Estate, 101 Ariz. 54, 415 P.2d 877 (1966). On these facts, since the listing broker was notified in writing of the defects, this notice in imputed to the seller.