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From the Hotline
by Christopher A. Combs
Copyright 2004, all rights reserved. The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Seller’s response can be proposed amendment to the contract

Question: The Buyer’s request for repairs asks for the repair of three items. The Seller agreed to the repair of all three items, but demanded a $3,500 increase in the purchase price. In addition, the Seller required that the Buyer respond within three days. In the Seller’s response can the Seller require an increase in the purchase price, or shorten the time period for the Buyer’s response?

Answer: No. In essence, the Seller is proposing to amend the Contract by increasing the purchase price in exchange for doing the repairs, and by shortening the time period for the Buyer to respond from five days to three days. If the Buyer does not accept the Seller’s proposed amendments, the Buyer has five days to either cancel the Contract or close the transaction with no repairs by the Seller.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission from Arizona Realtor Digest, 2004.


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