FACTS: Within the inspection period, buyer delivered to seller an Arizona REALTORS® Residential Buyer’s Inspection Notice and Seller’s Response (BINSR).  The BINSR listed multiple items for seller to correct.  Seller does not want to correct any of the listed items and now wants to cancel the Arizona REALTORS® Residential Resale Real Estate Contract (Contract).

ISSUE: Can the seller elect to cancel the Contract?

ANSWER: No.

DISCUSSION:         

The BINSR does not provide seller with the opportunity to cancel the Contract. Rather, page 3 of the BINSR provides seller with the following options: (i) seller agrees to correct or address the items disapproved; (ii) seller is unwilling or unable to correct any of the items; or (iii) seller’s response to the buyer’s notice which includes blank lines for a response.  The third option is included so that seller may elect to correct or address some of buyer’s listed items and decline to correct or address others.  Accordingly, seller cannot cancel the Contract based on buyer’s request to correct items.