I am purchasing a short sale home, did a home inspection, and removed home inspection contingency. Based on some of the exchanges I had with the seller, i am concerned that there might be a damage to the house or missing appliances,etc . I would like to add an addendum stating that COE to take place only after buyer verifies and approves the condition of the house after seller vacates. The seller agreed. If I find things that are not satisfactory, can I cancel the contract because I don't approve the condition of the house according to the addendum?
No. And it would be highly unlikely that the seller (especially in a short sale) would agree to such addendum.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Construction / Development Lawyer
There is a pre-existing contract between you and the seller. The seller has no reason to change the terms to the seller's detriment by now. Edward C. Ip www.lawyer4property.com
No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.
A contract is not written in stone, much like the U.S. Constitution, which has been amended over two dozen times. If you and the seller agree to amend the contract with an addendum, and escrow is instructed to draft amended escrow instructions to conform with the addendum, it will depend on how clearly the language is written to allow a for a mutual cancellation prior to COE. You should consult a real estate attorney for advice on the particular language.
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