What is the status of a contract if a buyer has properly given a Notice of Defects and the seller does not have the right to cure?

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When a buyer properly issues a Notice of Defects, they are formally notifying the seller of specific issues with the property or a violation of terms in the contract. If the seller does not have the right to cure those defects, it indicates that the seller is not permitted to address or rectify the issues identified by the buyer. In this situation, the buyer is effectively affirming that the contract cannot proceed due to the unresolved deficiencies and the seller's inability to rectify them.

As a result, the status of the contract transitions to null and void, meaning that it has no legal effect, and the parties are released from their obligations under that contract. This status occurs because essential terms are unmet due to the defects, preventing the agreement from being enforceable. The implications of the contract being null and void signify that neither party can enforce any rights or obligations that were originally established, highlighting the importance of the seller's right or lack thereof to cure defects as a critical aspect of contract enforcement in real estate transactions.

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