FACTS: Wednesday was the Close of Escrow Date. The buyer did not close escrow.  Thursday, the listing agent delivered a Cure Notice to the Title Company and to the buyer’s lender.

The listing agent did not send a copy of the Cure Notice to the buyer’s agent.

ISSUE: Did the buyer receive a valid Cure Notice?

ANSWER: No.

DISCUSSION:         

Pursuant to Section 7a of the Arizona REALTORS® Residential Resale Real Estate Purchase Contract: If a party fails to comply with any provision of this Contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance.

Because neither the buyer nor the buyer’s agent received a copy of the Cure Notice, the buyer has not been given a valid Cure Notice.  The listing agent should immediately provide a Cure Notice to the buyer’s agent.