Can you strike out part of a contract?

Translate this page
A man in a suit pointing toward his laptop on the table with one hand and with a pen resting on a pad of paper on the table in the other hand

08/19/2016 | Author: Editorial Staff

My client is selling a commercial building, and today he received an offer submitted on the Commercial Contract-Improved Property (TAR 1801). He wants to accept the offer, but he asked me to strike out the paragraph that requires him to deliver estoppel certificates to the buyer because the only tenant occupying the property is on a month-to-month basis. Can I cross out part of the existing contract language?

Yes, but only as specifically directed by your client. Your client should put his instructions to you in writing and specifically state what changes he would like to be made. You should advise your client to contact an attorney for legal advice about the effect of striking out contract language.

Categories: Legal
Tags: legal, legal faq, contracts


Comments

Fernando Quintana on 08/25/2016

Parties to a contract can make as many changes, deletions, and additions as they want to make to a contract.  It is their contract. Since we are not a party to the contract, that is why we cannot make any changes unless instructed to do so by the party we are representing, as the TAR article states.  I recently presented a buyer, in a commercial transaction, where the buyer ended up adding a two pages addendum to the contract due to there were too many special provisions negotiated, as part of the contract. 

If we are a party to a contract as seller, buyer, landlord, or tenant, then we can make changes to the contract if necessary.


Leave a Comment

Read our commenting policy



advertise with us

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.

Advice for REALTORS®

How to talk to your clients about student debt

Does a property need to be rekeyed if the owner was the previous occupant?

How REALTORS® stay safe

Learn to protect your real estate firm from cyber fraud

Subscribe

More advice for REALTORS®