Q: Can a buyer issue a Cure notice to a seller 6 weeks after the Close of Escrow?
I sold my house to a buyer. It had a free standing single car carport on the side of the house that did not belong to me. The owners of the carport removed the carport when I sold the house. The buyer has issued a Cure Notice to my realtor regarding the removal of the carport stating it was a fixture and required to stay with the house and therefore removing breached the contract. It is my understanding that once escrow closes, the contract is fulfilled and over. Therefore, there can be no breach of contract and no Cure notice to fix said breach. Furthermore, the carport was freestanding and did not belong to me to convey with the house, but I do not have proof of this.
A: It is too late to issue a cure notice under your contract. However, this sounds like a disclosure issue. If you did not disclose to the buyer that the carport was not yours and would not convey, this can be a problem. I recommend review of your contract documents and seller's disclosure statement to see what was disclosed. If the carport issue was not disclosed, I recommend mediating and settling this dispute with your buyer.
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