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Updated over 7 years ago on . Most recent reply

Account Closed
  • Realtor
  • Boerne, TX
51
Votes |
75
Posts

Texas agents I need some input

Account Closed
  • Realtor
  • Boerne, TX
Posted

My agent has put a contract together for me to sign so that we can submit to the listing agent who is also the owner of the subject property in which I plan on purchasing. He sent me the contract to sign but he also sent an amendment to be signed with all of the requirement I wish to have met (Repairs to the fence, cellar door, and things of that nature). I was under the impression that an amendment was only necessary after the contract has been executed to add changes to the original contract. 

After signing both of these contracts could the seller refuse to sign the amendment and just sign the contract making it a valid contract and I not be entitled to anything which was listed in the amendment? 

Thanks for the help in advance. 

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Guy Gimenez
  • Investor
  • Corpus Christi, TX
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Guy Gimenez
  • Investor
  • Corpus Christi, TX
Replied

@Account Closed

Assuming you're using the TREC residential contract form, I would have added an Exhibit "A" detailing the items (and referencing para. 7(D)(2)) and incorporate the Exhibit into the contract in para. 22 under "Other".  After all, the seller could sign the contract form and not sign the amendment (if there is not language included in para. 11 or para. 22 requiring otherwise) and the amendment has no effect. 

Previously, I have addressed the Termination Option in my Exhibit too. The commencement of the option period can be delayed to any time in the future as long as all parties agree.   

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