FACTS:

The residential property had a leased alarm system.  The buyer was given the opportunity to assume the lease in escrow but declined.  The seller made arrangements for the alarm company to remove the alarm system.  In so doing, the alarm company caused damage to the property.

ISSUE:

Who is responsible for the damage to the property?

ANSWER: 

In the Arizona REALTORS® Residential Resale Real Estate Purchase Contract, the seller warrants that the property will be in “substantially the same condition as on the same date of contract acceptance.”  Based on this language, the repair of the damage caused by the removal of the alarm system is the seller’s responsibility.