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?Generally, if the buyer is not performing, then the seller can cancel the contract, provided the seller has complied with the provisions in the contract regarding notice to the buyer to perform.? Instances of failure to perform could include missing a deposit or a closing deadline, for example.
A notice to perform is an official document that requires either a real estate buyer or seller to take certain actions by a specific date to avoid the deal's cancellation. Some states require that either party issue a notice to perform before canceling a deal.
A notice to perform is a legal tool you can use to force a buyer or seller to fulfill contractual duties they agreed to in your purchase contract in a timely manner. It allows the party issuing the notice to cancel the sale if certain conditions are not met within a 48 hour time period.
Sellers can issue a notice if a deadline passes and buyers haven't taken the agreed upon actions. In the California residential purchase agreement, issuing a notice typically gives the buyer 48 hours to remedy the situation at hand. Timeframes in other states vary.
While California recognizes the notice to perform document, some states don't use it within their closing guidelines. Depending on your state, your document might not hold up in court should you need to prove that your buyer or seller wasn't holding up their end of the agreement.