What to do regarding an addendum for to a sales contract?

UPDATED: Oct 2, 2022

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What to do regarding an addendum for to a sales contract?

The contract states it is contingent upon buyer’s receipt of the proceeds from the sale of buyer’s property on or before 09/13, which is the same date of our closing. This was a last minute addendum insertion. We are wondering if we should accept or counter with home choice addendum which would allow us to push back the date until we find a place to live.

Asked on August 6, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have not accepted the addendum yet (which appears to be the case), it is purely voluntary on your part to accept the addendum: neither party can force the other to accept an addition or change to a contract. So you can either refuse this entirely and hold them to the contract as it was signed; or if you are willing to accept it, can use your leverage (that you must agree to it) to get whatever additional terms you'd want, such as the one you mention.

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