3,988,013
Everything is negotiable even things not stated in the MLS.
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Michael Jacobs
Pasadena, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Nina Hollander, Broker
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
5,254,655
It the Contract doesn't say, 'as-is' and an addendum not noted IN the Contract, in NC or SC, you can't just tack on a pseudo addendum! You can counter the Offer, adding 'as-is' but, the manner in which that agent provided you the 'addendum' would not fly in my states.
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Candice A. Donofrio
Fort Mohave, AZ
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Lyn Sims
Schaumburg, IL
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Anthony Acosta - ALLAT...
Atlanta, GA
1,056,432
I'm not 100% positive I follow, but it sounds like you presented an offer, and got the offer signed by the seller accompanied by an as-is addendum they want the buyer to sign. If that's so, the seller and their agent were really dumb because they needed to incorporate the as is addendum into the contract in writing and get buyer to agree first before they sign the contract. They should have countered. Buyer should not sign. I would advise the buyer they probably should not expect any repairs, but they're free to request if need be.
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
716,012
The buyer doesn't have to accept this.
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Lyn Sims
Schaumburg, IL
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
2,684,569
It doesn't matter what MLS states. If they signed an "As-Is" contract, they are under contract "As-Is".
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
6,418,429
I'm sure he can send you whatever addendum he wants to, doesn't mean you have to sign it
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Bob Crane
Stevens Point, WI
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Anthony Acosta - ALLAT...
Atlanta, GA
1,553,583
We're missing some details here but if you got it with the offer, yes.
If it's one of the standard disclosures like mold, lead, etc. yes.
If it's an addendum they drew up after the fact, no!
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Bob Crane
Stevens Point, WI
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Nina Hollander, Broker
Charlotte, NC
1,029,153
Our contracts state: Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.”
You might check to see if your contract says something similar.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
1,466,257
cynthia lauderdale If the Addendum was sent after the contract was accepted, the buyer is not obligated to sign the Addendum.
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Debe Maxwell, CRS
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
1,241,879
The contact says is what held accountable at court. MLS does not need to be that comprehensive.
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Debe Maxwell, CRS
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
634,532
I think you got the right answer from Candice A. Donofrio.
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Candice A. Donofrio
Fort Mohave, AZ
4,800,132
Once the offer is accepted, he can't add the addendum. I'm guessing this is really a counteroffer with this addendum.
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Lyn Sims
Schaumburg, IL
921,504
Can he? Yes.
Does he have the ability to require others to agree? No.
But take a look at the big picture. The only thing changed is the obligation of the seller to spend dollars to a minimal level for repairs. This protects sellers from rogue inspectors hired by the buyer. It does not forfeit the buyers right to an inspection and the provision of inspection contingency.
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Candice A. Donofrio
Fort Mohave, AZ
2,221,377
As long as ALL parties to the transaction accepts and agree to the addendum, that should work. You may want to check with your broker to get final confirmation.
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Anthony Acosta - ALLAT...
Atlanta, GA
4,901,858
He can add it; however, does not mean the buyer must accept it.
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Lyn Sims
Schaumburg, IL
5,112,896
MLS does not need to state "as is." If your contract does not specifically state "as is," the way many do, an addendum to do so is just part of the negotiation process between buyer and seller. If your buyer doesn't want an "as is" sale he/she should not sign the offer. If that addendum came after contracts were fully executed, that is a whole other matter.
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Richard Weeks
Dallas, TX
5,060,704
It's a little confusing but if the seller and buyer already signed the contract I question how an as-is addendum can be added. The MLS is not what matters, it's the signed contract. If the contrat is not ratified then of course the seller could add an addendum, but buyer does not have to agree.
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Nina Hollander, Broker
Charlotte, NC
3,986,308
The mls is just info and contracts rule the day
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Nina Hollander, Broker
Charlotte, NC
4,272,934
I would ask my managing broker..
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Anthony Acosta - ALLAT...
Atlanta, GA
15,460
1,045,440
You can counter the Offer, adding 'as-is' but that would be a change to the contract and therefore would need to be accepted
5,877,455
In our CO contract it states you are buying the home AS IS with an inspection and other contingencies.
4,319,773
3,416,038
If they added it after signing the offer, than in my eyes it is a counter offer and not accepted contract. They can add anything they want during negotiations, it does not mean yo have to accept it? As always check with a legal professional for a legal opinion.
1,624,853
Was that in a counter? Every addendum shall be signed by both principals, it is up to your client to accept or not.
Yet, most properties in CA are sold As Is ( seller still have to disclosure all he/she knows and you still do all inspections/investigations and can ask for repairs, etc.)
2,191,808
400,356
The short answer is No.
It doesn't matter if as-is was stated on the MLS or not. Comments on the MLS are not a part of the contract. If the seller wanted to clarify that the property is sold as-is, they should have countered. As-is doesn't mean the buyer can't ask for repairs; it just means the sellers are likely to decline.
1,506,163
Yes. We put it in our counter offers. Doesn't have to be in the MLS out here.
902,038
They can add whatever they want; your clients don't have to accept it. "As is" doesn't really pertain to health and safety anyway, so a good inspection is still in order and items found may be asked to be corrected or negotiated.
1,617,916
5,583,328
it's America....he can do it, but you don't need to accept that addition....
3,349,554
I am not sure I follow what you are asking. All things are negotiable. Adding an addendum after the contract was signed still needs to be agreed to and signed by the buyers and sellers.
1,525,616
117,135
Well, there is nothing agreed upon regarding repairs up front, evein without the as-is addednum, there is no guarantee that the seller pays for repairs. They are basically letting your buyer know that they most likely wont be paying for repairs.
I would wait to sign that, or have a conversation with the listing agent stating that after the inspection, your clients will review that addendum.
1,153,794
I would like to see it referenced and initialed as being added in the initial offer. Barring that it would be treated like the paper it's written on. Worthless!
5,240,010
2,784,716
4,582,434
1,847,041
If you let them 'slip it in' they can try to get away with it. I wouldn't have the buyer sign it & call them out on it. Changing the verbally agreed upon terms.
7,864,108
Anything can be offered. It is up to the other party to accept or reject the addendum.
1,728,256
Not after the contract is accepted by the parties to the contract, unless all aprties agree in writing.
5,772,587
3,071,489
1,157,791
It would depend on the laws, regulations and other matters applicable to your jurisdiction. You may need to seek legal advice.
966,859
I don't know what state you are referring to (your state laws may be different). Logic tells me that if the seller signed the offer without it, the buyer does not have to include the AS IS. The seller may not agree to fix anything (same as "AS IS") so be prepared for that.
353,865
This is a hard one to answer based on the limited amount of info you can put in your question. In California we can call the association of Realtors hotline and talk to an attorney. What does your broker say?