The Not-So-Fun Section of the Purchase Contract

I recently had the, ah, opportunity to enact some of the clauses in Section 7 of the local Tucson purchase agreement. You know, the section we head into to find out what happens when things go terribly, terribly wrong?

Let me say that our foray into section 7 was, to the best of my knowledge, an honest mistake on behalf of the other party, if there is such a thing. I believe the error made was without malice, but we end up in section 7 all the same.

First recourse if either the buyer or seller is in potential breech of contract is to give that party a chance to fix it with a 3 day cure notice. This is the somewhat friendly heads-up to the other guy to say, “hey, buddy, we’ve got a potential problem here, please fix it” with an implied OR ELSE.

The threat behind the OR ELSE? Arbitration. Mediation. Court Action. Small Claims Court, if you’re dealing with a matter $2500 or less.

Our matter fell into the small claims court bucket, and my client - being a thorough kind of guy - did some research into how small claims court works, and has allowed me to post his findings.

How Small Claims Court Works

As always, we’re not lawyers, you should seek your own legal advice, your mileage may vary.