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Strange addendum to real estate contract - is this reasonable?

On July 21, 2009 / By Real Estate Law Help / In Real-Estate-Contracts

Our house sold in less than 2 weeks. The buyer has paid her earnest money and signed the contract. When my real estate agent (she’s working as a dual agent) brought us the contract to sign there was an addendum stating that contract was contingent on the buyer’s husband signing her separation papers. We don’t really feel comfortable signing that. Is it a common practice to add things like that? Do you recommend that we sign. We’re thrilled to have sold so quickly, but now we’re nervous to begin building our next home. Any advice appreciated!

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3 Responses to “Strange addendum to real estate contract - is this reasonable?”

  1. godged said:

    Jul 21, 09 at 2:22 pm

    She is attempting to protect herself from the husband making claim against the property in the divorce. In reality, it will only affect you if he won’t sign and then the contract will be void. Make sure there is a date (2 weeks?) that he has to sign, don’t let this drag out. If it is a good offer, I’d advice you to accept. Tell your Realtor to continue to accept offers in case this one experiences problems.

  2. tootallhiatt said:

    Jul 21, 09 at 6:38 pm

    As long as there is a date that the husband has to sign by in the addendum. She can buy all by herself, but if at the time of closing they are not separated then he would also have a interest in the property, in most states.
    So go ahead and sign, make sure your agent explains all the details of the contract/counters/addendums/amendments to you in full and ask if you have questions.

  3. tapwater1 said:

    Jul 21, 09 at 10:46 pm

    Don’t sign it unless there is a specific time up to which the husband and wife must finalize their papers or the contract is voided. For instance, you can have the language of the addendum state, "buyers have until August 10, 2008 to produce document of agreement, if not produced, contract is voided, Also, keep showing the house, it’s legal.
    If it sold in two weeks, it must be desirable.

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