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