Secan v. Dunbar

In Secan v. Dunbar, 139 Ariz. 503, 506, 679 P.2d 526, 529 (App. 1983), the seller attempted to cancel the contract due to the buyer's non-performance, but the seller's cancellation letter did not contain the required 10-day-notification language. 139 Ariz, at 505, 679 P.2d at 528. A week after the attempted cancellation and 39 days after the agreed-upon closing date, the buyer tendered performance. Id. In affirming relief to the buyer, the Secan court found that although the buyer's failure to close on time gave the seller the right to cancel the contract, the seller could cancel only according to the method specified in the contract. Id. at 506, 679 P.2d at 529. Thus, although the buyer initially failed to comply with the agreement, he "rectified the failure" by complying with the contract's requirements before the seller sent the required form of cancellation notice. Id.