cynthia lauderdale, Excellent customer service

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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Everything is negotiable even things not stated in the MLS.

Apr 12, 2017 07:17 PM
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

It the Contract doesn't say, 'as-is' and an addendum not noted IN the Contract, in NC or SC, you can't just tack on a pseudo addendum!  You can counter the Offer, adding 'as-is' but, the manner in which that agent provided you the 'addendum' would not fly in my states.

Apr 12, 2017 08:17 PM
Rainmaker
883,561
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I'm not 100% positive I follow, but it sounds like you presented an offer, and got the offer signed by the seller accompanied by an as-is addendum they want the buyer to sign. If that's so, the seller and their agent were really dumb because they needed to incorporate the as is addendum into the contract in writing and get buyer to agree first before they sign the contract. They should have countered. Buyer should not sign. I would advise the buyer they probably should not expect any repairs, but they're free to request if need be.

Apr 12, 2017 07:17 PM
Rainmaker
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Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The buyer doesn't have to accept this.

Apr 12, 2017 07:12 PM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  It doesn't matter what MLS states.  If they signed an "As-Is" contract, they are under contract "As-Is".

Apr 12, 2017 06:24 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I'm sure he can send you whatever addendum he wants to, doesn't mean you have to sign it

Apr 12, 2017 09:33 PM
Rainmaker
1,207,517
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

We're missing some details here but if you got it with the offer, yes. 

If it's one of the standard disclosures like mold, lead, etc. yes.

If it's an addendum they drew up after the fact, no!

Apr 12, 2017 08:59 PM
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Mimi Foster
Falcon Property Solutions - Colorado Springs, CO
Voted Colorado Springs Best Realtor

Our contracts state: Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.”

You might check to see if your contract says something similar.

Apr 12, 2017 08:02 PM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

cynthia lauderdale If the Addendum was sent after the contract was accepted, the buyer is not obligated to sign the Addendum. 

Apr 12, 2017 07:36 PM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

The contact says is what held accountable at court.  MLS does not need to be that comprehensive.  

Apr 12, 2017 07:18 PM
Rainmaker
634,272
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I think you got the right answer from Candice A. Donofrio

Apr 15, 2017 01:24 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Once the offer is accepted, he can't add the addendum.  I'm guessing this is really a counteroffer with this addendum.

Apr 13, 2017 05:20 AM
Rainmaker
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Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Can he? Yes.

Does he have the ability to require others to agree? No.

But take a look at the big picture. The only thing changed is the obligation of the seller to spend dollars to a minimal level for repairs. This protects sellers from rogue inspectors hired by the buyer. It does not forfeit the buyers right to an inspection and the provision of inspection contingency.

 

Apr 13, 2017 05:18 AM
Rainmaker
1,837,010
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

As long as ALL parties to the transaction accepts and agree to the addendum, that should work. You may want to check with your broker to get final confirmation.

Apr 13, 2017 04:55 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

He can add it; however, does not mean the buyer must accept it.

Apr 13, 2017 04:39 AM
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

MLS does not need to state "as is." If your contract does not specifically state "as is," the way many do, an addendum to do so is just part of the negotiation process between buyer and seller. If your buyer doesn't want an "as is" sale he/she should not sign the offer. If that addendum came after contracts were fully executed, that is a whole other matter.

Apr 13, 2017 04:22 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

It's a little confusing but if the seller and buyer already signed the contract I question how an as-is addendum can be added. The MLS is not what matters, it's the signed contract. If the contrat is not ratified then of course the seller could add an addendum, but buyer does not have to agree.

Apr 12, 2017 08:38 PM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

The mls is just info and contracts rule the day

Apr 12, 2017 08:38 PM
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Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I would ask my managing broker..

Apr 12, 2017 08:26 PM
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cynthia lauderdale
Phoenix, AZ
Excellent customer service

Thanks  everyone

Apr 12, 2017 08:11 PM
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Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

You can counter the Offer, adding 'as-is' but that would be a change to the contract and therefore would need to be accepted

Mar 25, 2018 05:30 PM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In our CO contract it states you are buying the home AS IS with an inspection and other contingencies.

Apr 15, 2017 04:16 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

cynthia lauderdale - MLS sheet is NOT the final authority in anything.

Apr 13, 2017 11:08 PM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If they added it after signing the offer, than in my eyes it is a counter offer and not accepted contract. They can add anything they want during negotiations, it does not mean yo have to accept it? As always check with a legal professional for a legal opinion. 

Apr 13, 2017 05:46 PM
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Was that in a counter? Every addendum shall be signed by both principals, it is up to your client to accept or not. 

Yet, most properties in CA are sold As Is ( seller still have to disclosure all he/she knows and you still do all inspections/investigations and can ask for repairs, etc.) 

Apr 13, 2017 05:28 PM
Rainmaker
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Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Everything is negotiable

Apr 13, 2017 05:20 PM
Rainmaker
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Jill Murty, Realtor - Orange County, CA
Sunset Properties, Powered by Movoto - Laguna Niguel, CA

The short answer is No.

It doesn't matter if as-is was stated on the MLS or not.  Comments on the MLS are not a part of the contract.  If the seller wanted to clarify that the property is sold as-is, they should have countered.  As-is doesn't mean the buyer can't ask for repairs; it just means the sellers are likely to decline. 

Apr 13, 2017 01:19 PM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Yes.  We put it in our counter offers.  Doesn't have to be in the MLS out here.

Apr 13, 2017 10:50 AM
Rainmaker
815,432
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

They can add whatever they want; your clients don't have to accept it. "As is" doesn't really pertain to health and safety anyway, so a good inspection is still in order and items found may be asked to be corrected or negotiated.

Apr 13, 2017 09:40 AM
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Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask the broker

Apr 13, 2017 09:18 AM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

it's America....he can do it, but you don't need to accept that addition....

Apr 13, 2017 08:13 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I am not sure I follow what you are asking.  All things are negotiable. Adding an addendum after the contract was signed still needs to be agreed to and signed by the buyers and sellers. 

Apr 13, 2017 08:12 AM
Rainmaker
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Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

The contract is a legal offer, not the MLS.

Apr 13, 2017 08:07 AM
Rainer
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Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

Well, there is nothing agreed upon regarding repairs up front, evein without the as-is addednum, there is no guarantee that the seller pays for repairs.  They are basically letting your buyer know that they most likely wont be paying for repairs.

I would wait to sign that, or have a conversation with the listing agent stating that after the inspection, your clients will review that addendum. 

Apr 13, 2017 07:37 AM
Rainmaker
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Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

I would like to see it referenced and initialed as being added in the initial offer. Barring that it would be treated like the paper it's written on. Worthless!

Apr 13, 2017 07:15 AM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes he can and then it is decision time!

Apr 13, 2017 06:44 AM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Everything in Real Estate is negotiable. If one signs, one agrees...

Apr 13, 2017 06:35 AM
Rainmaker
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Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Anyone can ask for anything.  It doesn't mean it needs to be accepted.  

Apr 13, 2017 06:04 AM
Rainmaker
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Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

If you let them 'slip it in' they can try to get away with it. I wouldn't have the buyer sign it & call them out on it. Changing the verbally agreed upon terms.

Apr 13, 2017 05:43 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Anything can be offered. It is up to the other party to accept or reject the addendum.

Apr 13, 2017 05:37 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Not after the contract is accepted by the parties to the contract, unless all aprties agree in writing.

Apr 13, 2017 05:35 AM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Debbie Reynolds answered your question. A

Apr 13, 2017 05:06 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

As long as Buyer and Seller agree...

Apr 13, 2017 05:02 AM
Rainmaker
1,157,485
FN LN
Toronto, ON

It would depend on the laws, regulations and other matters applicable to your jurisdiction.  You may need to seek legal advice.

Apr 13, 2017 12:22 AM
Rainmaker
913,783
Shanna Day Team Leader AZ & UT - Call 480-415-7616
Keller Williams Realty EV (AZ) & Keller Williams SLC (UT) - Mesa, AZ
Top 0.33 of 1% of 79,000 AZ Realtors

I don't know what state you are referring to (your state laws may be different). Logic tells me that if the seller signed the offer without it, the buyer does not have to include the AS IS.   The seller may not agree to fix anything (same as "AS IS") so be prepared for that.  

Apr 12, 2017 10:06 PM
Rainer
353,460
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

This is a hard one to answer based on the limited amount of info you can put in your question.  In California we can call the association of Realtors hotline and talk to an attorney.  What does your broker say?

Apr 12, 2017 09:29 PM