PROCURING CAUSE CASE STUDY:  FEBRUARY 7, 2020:  HOMESMART AGENT HOLDING OPEN HOUSE FOR ANOTHER HOMESMART AGENT

 

(SENT EMAIL AFTER TALKING WITH AGENTS)

 

We have reviewed the information submitted to us for this potential procuring cause and have determined that there is no substantive evidence to find that a procuring cause claim exists.  You are free to call if you would like to discuss further or have any general questions about procuring cause claims.   Jeff.

 

Procuring cause: In the context of a real estate transaction, procuring cause refers to the uninterrupted sequence of actions that begin or set in motion a series of events that lead to the final sale of a property.  Procuring cause occurs when representing buyers and bringing them to that point in time when they make the decision to buy.  Primarily written confirmation in the form of contracts, letters, applications, could be statements in the affirmative.  If the sequence of events is broken and the parties become estranged, or one party abandons the other, that could change.  The act of merely sitting an open house is not adequate for procuring cause.  There is no threshold rule, that is the first to show the home is not automatically the procuring cause.  The selling agent is the one convinces the buyer to make the final decision to buy.  In this case, the open house agent has not produced any compelling evidence or argument for procuring cause or other compensation. 

 

BackgroundBuyers stopped at open house on Sunday.  Buyers called LA the day after the Sunday Open House and requested an appointment to see the home with “someone who could answer their questions.”  They had met the open house agent but did not wish to deal with him further, he didn't seem knowledgeable about the listing or the neighborhood.  CLA met buyers at the home the following day, asked multiple times about reaching out to open house agent, buyers declined, no specifics, just didn't seem to have a comfort zone with open house agent.  After spending 2+ hours at the home with the buyers on Monday evening, CLA and LA had several follow up conversations with buyers throughout the rest of that week. Buyers said they had not made up their minds on this home or any others they had seen, said they needed time to make a decision.  LA and CLA provided lenders and other resources for the buyers to consider to help them make their decision.  That Friday, buyers instructed LA and CLA to prepare and submit an offer which they did, now under contract and moving through escrow.  Buyers used referred lender from LA and CLA to finance the purchase.

 

Other considerations for Procuring Cause claim:

Extent of involvement with procuring cause transaction:  None, Open house only.

Written compensation agreement with LA?  No written agreement.  ARMLS co-broke only.

Any working relationship with buyers before open house?  No

After open house?  Describe:  Minimal

write an offer?  No 

texts?  3-4, Question on status of vacant lot

emails?  None

calls?  None

showing other homes?  No

Send Comps? lenders? Title co’s?  No

Contingencies?  Concessions?  Other? No

Length of time working with client?  None, Open house only

Signed Buyer Broker Agreement?  No

Why or Why Not?  No reason, no relationship, no planned ongoing activity

Agent actively communicating with buyers?  No

Why or Why Not?  Buyer will not respond.  Buyer is estranged from the agent, does not want to communicate with or be represented by this agent, no relationship with agent.

PROCURING CAUSE:  Q: I showed buyers my listing, they called on my yard sign (or stopped by my open house without an agent).  When I asked if they are working with an agent, the potential buyer said he has an agent sending him listings online, but the agent has not physically shown him any properties. He said he called the agent to inquire on a property. So the agent put him on his email list. And that is the extent of their relationship.  My thoughts on this is to have his agent contact me because although the potential buyers have not signed anything, there may be an implied relationship here?  And, Potential buyers are not always truthful about things.  BUT, am I overthinking this? Could I be doing my Client a huge injustice by involving another agent, and in the end, costing my client unnecessary commission?  A: Whoever shows the home and starts the uninterrupted series of events that results in a successful COE is the procuring cause.  If the sequence of events is broken and the parties become estranged, or the agent abandons the buyer, that could change.  But the act of merely sending listings via email is not adequate.  The selling agent needs to physically show the home to the buyers.  This is when the buyers make the decision to buy the home.  In this case, if you move forward, and the other agent has never visited the home with the buyers, they would not have much of an argument for procuring cause.

 

PROCURING CAUSE:  Broker pays as per MLS, ie, pays broker who brought an accepted contract.  Any procuring cause would happen  after closing, procuring cause would be filed against the broker of record.  Q:  My parents listed with a broker, Greg Hague.  They procured a buyer and entered into a contract whereas they were in dual representation.  The buyer cancelled the contract.  The listing expired.  My parents re-listed with me. This same buyer continued to contact my parents and me trying to negotiate a deal to no avail.  She then contacted Realty Executives (James Wexler) and they gave us an offer.  We informed Hague of this.  Long story short, no deal was signed.  Now, 5 months after the Hague deal expired, Wexler has given us another offer with this buyer, that my parents would like to accept.  We informed Hague because we are worried that he may have a claim.  He says he does.  He agrees he does not have a claim as the listing agent since it is expired and they have relisted with HomeSmart.....but he says he still has a claim as the buyer's broker since he originally procured the buyer.  Is this accurate?  A: It is very possible that he will have a claim against the buy side since he wrote an offer with this same client for the same property, also known as procuring cause.  They made the decision to buy with him while he was their agent.  So his claim would be against the buy side commission, not the sell side.  He could either work something out with the buyers current agent (referral agreement is typical) or he could file for an arbitration hearing with AAR after the transaction closes.  An arbitration hearing involves commissions/compensation.  Hague cannot interfere with the transaction in any way or stop it from closing, but he can request that the buyers current brokerage (Realty Execs) hold the commission check until the matter is resolved.

PROCURING CAUSE:  Q: Hi, quick question for you…I recently held an open for another HS agent in Desert Mountain on March 30th.  Had a couple that I spent a lot of time with that were very interested in the home.  They were not signed with another agent at the time and were talking to me about a realtor that a friend had told them to contact when they got in to town.  They seemed conflicted as they were new to AZ and looking to make a decision soon on a home here as their home had already gone into escrow in CA.  They did ask me about dual agency and I explained that if they used me as their agent that I would work for their best interests, etc. as their buyer agent and the listing agent would represent the seller.  Spent a lot of time with them and provided information on the home as well as information on the Desert Mountain club.  They were to meet the other agent the next day.  I have been watching the listing and noticed it went pending soon after my open there; and it just closed May 14th.  The folks I spent the time with that day are the buyers.  Can you please clarify procuring cause to me in this instance?  A: Did their agent ever bring them back at a later time and show them the home at least one time prior to writing the contract?  If yes, then a procuring cause would probably not exist as this would indicate they had not made their “final” decision to buy with you at the open houseIf no, then maybe.  You would need to prove that the buyers actually made up their minds and made their final decision to buy the home while they were with you at the open house.  If the other agent never showed or visited the home prior to writing the contract then you might have an argument to make. 

NOTE: (See Case Study): The act of holding an open house and talking with prospects does not automatically imply any type of agency or procuring cause unless you can prove that this started the “Uninterrupted series of events” which could include: 1) buyer making the final decision to buy, 2) writing the purchase contract, 3) providing the client with resources (lenders, appraisers, architects, inspectors, contractors, etc), 4) guiding the buyers through the home purchase process with reasonable skill & care and 5) successful close of escrow.”  The agent who ultimately caused the buyer to purchase the home and earned the commission is generally the procuring cause agent.

BUYER BROKER AGREEMENT DOES NOT MATTERThe threshold rule- the REALTOR that takes the buyer into the home has procuring cause; there is no threshold rule. The Buyer Broker Employment Agreement- procuring cause is property-specific not agent-specific.   The Buyer Broker Employment Agreement is agent specific, not property specific.  In the context of a real estate transaction, procuring cause refers to actions that begin or set in motion a serious of events that lead to the final sale of a property. ...  DEFEAT PROCURING CAUSE BY SHOWING THE HOME LAST AND/OR MORE TIMES THAN THE OTHER AGENT!!!

HOA ADDENDUM: ALSO SEE ADDENDUM PAGE PLUS QUICK GUIDE

HOA ADDENDUM:  READ THE INSTRUCTIONS!  Consider language:  “Seller agrees to pay any outstanding HOA fines, if any, and agrees to bring property into compliance should there be any outstanding violations with the HOA.

HOA ADDENDUM NOT AVAILABLE PRIOR TO SUBMITTING OFFER LANGUAGE  "This contract is contingent upon the Seller completing and delivering page 1 of the HOA Addendum to the Buyer, and the parties agreeing to the subsequent terms completed on page 3 of the HOA Addendum within 5 days of contract acceptance.  In the event the terms of the HOA Addendum are not agreed to within 5 days of contract acceptance, the Buyer may cancel this contract during the inspection period with a refund of the earnest money."  OR

HOA Addendum (I sent her Sellers’ signed copy as she didn’t take it from the Documents Tab)-Make sure you address line #75-76 etc on the HOA addendum in your counter (seller or buyer paying these fees?)

HOA ADDENDUM:  WHO COMPLETES?  1) Typically the homeowner-seller reaches out to the HOA management company either by phone or email, or in person if there is an on-site manager, 2) The seller completes page one of the HOA Addendum and the listing agent then uploads that to the doc's tab of the MLS along with page two and three of the HOA Addendum, 3) The sellers agent will have the prospective buyer complete page three and will include all three pages along with their offer; NOTE: Sometimes the HOA management company is not too cooperative with supplying the information but the seller needs to request the information in order to complete page one (1) of the HOA Addendum.  The same holds true for the buyer completing page three (3) of the HOA Addendum.

HOA CANCELLATION (ALSO SEE CANCEL, HOA):  The buyer has given instructions to cancel the transaction due to their disapproval of the HOA Disclosures.  Page two of the HOA Addendum, specifically lines #42-43 state that the buyer is allowed five days after receipt to disapprove.  There is no need for a "mutual cancellation" since the contract gives the buyer the unilateral right to cancel for multiple/various reasons, which could include cloud on title, SPDS, Insurance Claims History, BINSR, HOA Disclosures, etc, etc.  The buyer has given their lawful instructions to cancel, the title company should follow those instructions.  The earnest money should also then be released back to the buyer for these same reasons.

HOA, CANCELLATION:  Loan Denial due to litigation.  Use unfulfilled loan contingency notice.  Premises is not warrantable.

HOA, DEMAND LETTER:  See resale Demand letter below.

HOA, HOA DECLARANT, HOA HAS FIRST RIGHT OF REFUSAL TO PURCHASE UNIT:  For listing:  Seller is aware the HOA Declarant has first right of refusal within 10 days of contract acceptance.  10 day inspection period for buyer shall begin from the date HOA Declarant accepts or declines contract.  Seller shall have the right to unilaterally cancel contract with buyer should HOA Declarant decide to buy property with a refund of Earnest Money to buyer.  In the event HOA Declarant declines to purchase the property, seller will compensate HOA with X% of the proceeds from the sale of the property. 

HOA, DISCLOSURE, ARE AGENTS LIABLE?:  Q: When a lawsuit is  filed against an  HOA is the HOA required to disclose it to prospective buyers and existing homeowners?  Are the Realtors that represent buyers of resale expected to know of a lawsuit and to inform their client in writing?  A: The HOA Addendum addresses this issue on page 2, beginning at line #44, specifically line #'s 61-62.  The SPDS also has a section for seller disclosure on page 2 whereby the seller will disclose any issues or litigation with the HOA.  As agents, it would be impossible for us to know this information, but it is an important seller disclosure item.  We would also want to ensure that our client is aware that they should review the HOA disclosures carefully to make sure there are no issues with that.  If the builder has knowledge, they should disclose any legal issues as well.  Q: Part Two: The seller only knows of a lawsuit if they are notified by the HOA.  So how would they know to include it on the SPDS or HOA Addendum?  Is the HOA required to notify the existing homeowners of a pending lawsuit against the HOA?  A: Part Two: HOA's send out regular communications, so I don't understand why the seller would not be aware of pending litigation.  It is the sellers responsibility to disclose these types of issues, and to be aware of what is happening in their community.  That being said, it is part of the HOA's fiduciary responsibility to notify all homeowners and to keep them informed.

HOA NON-DECLARANT TRANSFER FEE:  Also see HOA Non-Declarant Escrow Transfer Fee form in doc’s tab, aaronline hotline section

HOA RESALE DEMAND LETTER TO TITLE CO:  TITLE MAY ALSO REQUEST A COMPLETED QUESTIONAIRE:  SEE DOC’S TAB FOR SAMPLE EMAIL AND QUESTIONAIRE: 

(FOLLOWING IS THE EMAIL FROM TITLE TO HOA MGMT CO)  “I am writing to request an HOA resale demand letter for the above-listed property.  Please see attached HOA questionnaire. Additionally, please complete and attach your HOA demand letter, if applicable. Once completed, please forward to: SOUprocessing@osnational.com OR fax to 678-281-8876.”

 

HOA TRANSFER FEE:  HOA Transfer Fee:  $400 Max   

ARS: 33-1806 (C)      Resale of units; information required; fees; civil penalty; definition        https://www.azleg.gov/ars/33/01806.htm

HOA TRANSFER FEE:  $400 MAXIMUM TRANSFER FEE? Q: We just closed on a property xxxx n 36th on Friday. The HOA transfer fee was $2500. I agreed it seemed super high but the other transactions in there were closing with that fee and the new listing was showing that as well. This morning my client found some info online that Arizona has a cap on HOA transfer fees of $400. Do you know if this is correct? It sure seems like it after I’ve done my own research as well. I figured if something was done illegally or incorrect it would have been flagged at title or by the lender.  Best way to get a refund or resolve this? 

A: I'm not aware of a limit on the Transfer fee, but there is a $400 limit on the Disclosure fee. As you may know, many buyers and seller (and some agents) think the "transfer" fee includes all fees/charges, while the fact of the matter is that the Transfer fee is simply one specific item. However, as you can see on Lines 20-21 of the HOA Addendum, Capital Improvement is a category of several different types of additional fees that the HOA may charge.  The buyer should always be advised to review the Demand Letter sent to Title during escrow if they want to know specifically what is being charged and who is required to pay it. A smart seller will contact the HOA prior to listing to get a complete rundown of the fees and charges that may apply to their sale by asking the HOA for a copy of the most recent demand letter that was sent to Title on the latest sale in the community.

HOA VIOLATION ADDENDUM  LANGUAGE:  As addressed in the Dove Valley Ranch Community association resale demand letter of December 5, 2018, Seller agrees to replace weathered wood slats on yard gate in accordance with HOA requirements.  Paid receipts evidencing the repair shall be provided to buyer three (3) days prior to COE date.  Any related assessments, liens or fees shall be paid by the seller.  OR  Seller agrees to provide documentation that any HOA violations are cleared prior to close of escrow.  Any and all costs and fee’s associated with HOA violations to be paid in full by seller no later than COE.”

HOA VIOLATION DURING ESCROW:  See changes during escrow, get updated SPDS, send CURE notice if necessary, Addendum, Holdback,  etc.

 

HOA VIOLATION: CASE STUDY: Transaction is in escrow.  HOA violation (Paint, Landscaping, Architectural, etc) notice surfaces.  Seller must update the SPDS!  (Demand this).  Buyer has 5 days to disapprove!  IF SELLER REFUSES TO UPDATE THE SPDS WITHIN A “REASONABLE” TIME, DELIVER A CURE NOTICE TO THE SELLER STATING:  “Seller has failed to update the SPDS regarding the change in/and/or/describe_______________  as required in the purchase contract, see section 6j, “Changes During Escrow”....(Also, consider the language “or otherwise”.  ie, Laurie would say a “receipt” or “invoice” or “statement” would be considered as “otherwise” disclosures (these are “PROOF”).

 

HOA VIOLATION DURING ESCROW: Q: We represent the buyer and we just received the HOA disclosure.  It shows that the owner has a violation on the property. What's the proper process to get that resolved with the Seller?  What kind of written notice needs to be given?  

A: You should notify the listing agent that the purchase contract says the seller now must deliver to you an updated SPDS with this new information. (See page 2 of SPDS, around line #32).  Also see section 4f of the purchase contract, "Changes During Escrow".   This is material information that must be formally disclosed to the buyer.  If they fail to update the SPDS, you could send them a CURE notice.  An updated SPDS gives the buyer 5 days to disapprove.  A CURE notice gives the seller 3 days to resolve the CURE or the buyer could cancel.  Either way, it will give you the leverage to negotiate a favorable resolution to the HOA violation.  Language:  Seller to ensure that HOA compliance issue with (xyz, painting, landscaping, etc) is resolved and agrees to provide buyer with documentation from the HOA showing that they have removed the violation no later that five (5) days prior to close of escrow.”

HOA VIOLATION:  CASE STUDY, 1/14/2020:  ISSUE: Q: This property closed on 12/05/19 and Open Door owned and held the listing for this property.  Everything was fine. We also took a drive by the property the morning of to make sure there were no issues. Everything was ok so our clients signed and closed. A painting company showed up at the home and started painting the exterior   WTF…?  this did happen at/after close of escrow so we are not a party to it, but we want to make sure our client feels supported and cared for. Is it possible that perhaps there can be a Broker to Broker conversation that could help lead to a resolution?  A: Hi X. thanks for the update. Our fiduciary responsibility (other than confidentiality) ended at close of escrow so the HOA violation is now between the Buyer (ie: Owner) and the HOA, and we can't get involved in that other than possibly requesting contact information so the principal parties may communicate with one another.  With regard to the paint color dispute with Open Door, that is now a Buyer/Seller matter.  Once again, we can't get involved with that either other than sharing the principals contact information, with their permission of course  It may seem contrary to your fiduciary responsibilities to try to resolve this on your client's behalf after closing, but technically our involvement ends at COE and now we would be simply advising them of what the contract says and what they could have done or should have done while we were in escrow when our fiduciary responsibilities were in full force and effect. (FYI, I have cc'd our DB in case she wants to reach out to Open Door directly to see where things stand, or in case this gets brought to her attention by the client or the client's attorney - if it goes that far. Hopefully, the Buyer will be able to satisfy the HOA requirements on their own, and get the Seller to participate in the cost of getting it repainted, etc.  DB COMMENT/STATEMENT:  I agree with X’S advice.  We never want the client to feel we're not helping post closing, however, as X said your Agency has ended and if you are advising post closing you are acting in the capacity of a lawyer practicing law which we absolutely don't want to do.  I would agree being a conduit so to speak in conveying information as a courtesy is the extent of what you can do now.  Definitely a buyer/seller issue now, but certainly forwarding the buyer's email to the listing agent if so instructed is not problematic, just leave it at that.  (MY NOTE:  R4-28 1101-b, Agent has a duty to disclose, did the agent have knowledge and fail to disclose?)

HOA FEE’S INCREASE DURING ESCROW...DISCLOSE? YES!...SEE CASE STUDIES…..

 

HOA VIOLATION:  CASE STUDY, MYRTLE 3/6/2020: Cancellation Language for NOTICE/DISCLOSURE FORM:  Timing is important here.  If you find out and it is day zero or one, then ask for the updated SPDS.  If they will not provide you could cure them for not updating the SPDS.   Then let the CURE run it’s course and cancel on that.  Or, if you are in day 2-4 you have lost valuable time, so then go with the “or otherwise” as in this case study with Mrytle. 

Buyer received notice on Monday, March 2, 2020 that the HOA Special Assessment was no longer payable in monthly installments, and the entire $3120 assessment would now be due and payable in full at close of escrow. This is not what was originally disclosed by Seller in the SPDS and HOA Addendum and is considered a material change that is not acceptable to the Buyer. This now triggers and brings into play sect 4f of the purchase contract which states: Changes During Escrow: “Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, in the SPDS, or otherwise.  Such notice shall be considered an update of the SPDS.  Unless Seller is already obligated by the Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed five (5) days after delivery of such notice to provide notice of disapproval to Seller. Buyer received the updated disclosure notice from title on Monday, March 2 and now has five (5) days from that date (until Saturday, March 7 at 11:59pm)) to disapprove. Buyer therefore chooses to exercise their unilateral right and hereby gives written notice of their disapproval and elects to immediately cancel this contract.  Please refund Earnest money to the buyer as per the terms of the AAR Residential Purchase Contract.

 

HOA VIOLATION:  CASE STUDY, PAMXLLOYD 3/12/2020: SELLER REC’D LETTER TO PAINT HOUSE WITHIN 6-12 MONTHS.  LISTING AGENT NOTIFIED OUR BUYERS AGENT VIA EMAIL ON MARCH 12, 2020. 

Q: I want to make sure my response will not negatively impact the Buyers earnest money should they decide to cancel in case seller does not agree to a price reduction.  Inspection period is done and CCR review period is over as well.  We are just waiting on the appraisal to come back. PENDING RESPONSE:  Hi X, Please thank the Seller for disclosing this important information.  Buyers very much appreciate it. Where this is an unforeseen expense, Buyers have asked for a $7,000.00 reduction in purchase price.  

A: Hi X, You should request that the seller immediately update the SPDS with this new, material information.  That could be done on the SPDS itself (p7 with seller initials) or it could be done on the form titled Notice/Disclosure which is on zipforms.  Once the seller updates the SPDS section 4f of the purchase contract will apply, Changes During Escrow.  This will give the buyer 5 days to disapprove, another word for disapprove is cancel.  This will give your buyer further leverage for the additional compensation to pay for painting.  If they will not provide you with the updated SPDS, please let me know.  We may have to cure them, or draft a statement that "we consider their email notice of painting requirements to be an update of the SPDS..."

Jeff.

Hi X, You should request that the seller immediately update the SPDS with this new, material information.  That could be done on the SPDS itself (p7 with seller initials) or it could be done on the form titled Notice/Disclosure which is on zipforms.  Once the seller updates the SPDS section 4f of the purchase contract will apply, Changes During Escrow.  This will give the buyer 5 days to disapprove, another word for disapprove is cancel.  This will give you buyer further leverage for the additional compensation to pay for painting.  If they will not provide you with the updated SPDS, please let me know.  We may have to cure them, or draft a statement that "we consider this notice to be an update of the SPDS..."

USE NOTICE/DISCLOSURE FORM:

 

Buyer received notice on Thursday, March 12,2020 that the HOA is requiring the Premises listed above be painted within the next 6-12 months. This was not disclosed by Seller in either the SPDS or HOA Addendum and is considered a material change to the Buyer. This now triggers and brings into play section 4f of the purchase contract which states: Changes During Escrow: "Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herin, in the SPDS, or otherwise. Such notice shall be considered an update of the SPDS. Unless Seller is already obligated by this Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed five(5)days after delivery of such notice to provide notice of disapproval to Seller." Buyer received the updated disclosure notice from listing agent on Thursday, March 12,2020 and now has five (5) days from that date (until Tuesday, March 17,2020 at 11:59pm) to disapprove.

 

CANCELLATION NOTICE: As per section 4f of the purchase contract and the attached Notice/Disclosure form, Buyer hereby chooses to exercise their unilateral right in section 4f and hereby gives written notice of their disapproval and elects to immediately cancel this contract. Please refund Earnest money to the buyer as per the terms of the AAR Residential Purchase Contract.

 

Email message to title, cc other agent:

Buyer has elected to cancel contract effective immediately.  Please see attached Cancellation Notice.  Thank you for your time and effort.  

Please refund earnest money to Buyer immediately.   

Please confirm receipt of this email.   

 

Earl S: SOLAR VIOLATION: SOLAR NOT DISCLOSED: Sent email with notice language, should have used Notice/Disclosure form, but sent email with this one.  Here is email: 

We are in receipt of the updated SPDS which was received today 4/22/2020 at approximately 2:37 pm via email. This new material information now triggers and brings into play sect 4f of the purchase contract which states: Changes During Escrow: “Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, in the SPDS, or otherwise.  Such notice shall be considered an update of the SPDS.  Unless Seller is already obligated by the Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed five (5) days after delivery of such notice to provide notice of disapproval to Seller.  Since Buyer received the updated disclosure today April 22, buyer now has five (5) days from today (until Monday, April 27, 2020) to disapprove. 

Then, to cancel:

CANCELLATION NOTICE: As per section 4f of the purchase contract (below) and after receiving the updated SPDS from seller on 4/22/2020 (attached), Buyer hereby chooses to exercise their unilateral right and hereby gives written notice of their disapproval and elects to immediately cancel this contract. Please refund Earnest money to the buyer as per the terms of the AAR Residential Purchase Contract. 

DISCLOSURE, sect 4f Changes During Escrow: “Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, in the SPDS, or otherwise.  Such notice shall be considered an update of the SPDS.  Unless Seller is already obligated by the Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed five (5) days after delivery of such notice to provide notice of disapproval to Seller. 

Per your guidance I have requested from the agent a notice/disclosure form. He sent over an updated SPDS to include the information in the additional information section to note buyer to assume the solar loan. I noticed that this was written in and the date still shows the original date of 4/17/2020. I think we are going to cancel however I wanted to be sure the time was extended 5 days although the document is still dated 4/17/2020. I am available by phone as well.