What is a Notice to Perform?
Not all states use a Notice to Perform; however, California does. The Notice to Buyer to Perform and the Notice to Seller to Perform are forms created by the California Association of REALTORS. The Notice to Perform is required in many instances before a party is entitled to cancel a purchase contract. Simply because one party did not perform a contractual obligation does not give the other party the right to cancel until the Notice to Perform is delivered. The Notice to Buyer to Perform to Remove Contingencies Real estate agents in California commonly advise their sellers to use the Notice to Buyer to Perform to try to make the buyer remove contingencies. The C.A.R. purchase contract spells out the time period for contingency releases. If the buyer does not remove the contingencies in writing, those contingencies may stay
