Can I just cross out parts of the contract that I don’t like?

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Two hands shaking in the foreground with a woman holding a clipboard with a piece of paper that says CONTRACT in the background

08/12/2014 | Author: Legal Staff

I’m about to submit an offer on a home, but I want to strike part of the contract first—specifically the part that says the seller can sue me if I default on the contract. Can I just cross this out so it’s not included in my offer? To speed things up, can my REALTOR® do it for me?

As a party to the contract for sale of the property, you are generally free to negotiate the terms of the contract, which could include striking out portions of the contract. But because striking out a portion of the contract has legal implications and could be considered unauthorized practice of law, your REALTOR® is prohibited under state law from doing so without specific instruction from you.

If you want your REALTOR® to strike part of the contract for you, you should put your instructions in writing and specifically state what changes you would like to be made. Remember, your REALTOR® won’t be able to provide you legal advice as to the effect of striking out certain provisions. You should contact an attorney if you have questions about this.

Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions can be answered.

Categories: Legal, Buyers, Sellers
Tags: legal, legal faq, buyers, sellers, buying, selling, consumers, negotiation, contracts, forms


Comments

Glymiss Smith on 08/12/2014

Very risky for the Realtor/Broker, even with written instructions.  If I were the listing Broker I would advise my client to speak with an attorney before accepting the offer to be sure that their interests are covered.


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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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