Is it legal for an underwriter to contact the real estate broker and request an amendment to the sales contract – without the buyers knowledge or consent?

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Is it legal for an underwriter to contact the real estate broker and request an amendment to the sales contract – without the buyers knowledge or consent?

The amendment is minor, asking the seller to indicate there is no value to four items chosen from the entire fixtures checklist and the items are included in the sale.

Asked on March 8, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal: while the amendment does not take effect unless and until the parties to it (i.e. the buyer and seller) agree to it, any party may contact the broker and suggest and amendment. The act of contacting them and suggesting it is not illegal, but again, the parties must agree to the amendment to give it power.


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