I received an addendum from a listing agent as part of a counter offer on a short sale transaction. The addendum contained clauses that in my opinion were either repeating what the pre-printed contract already addressed or were written in such a way that made little sense and seemed open for wide interpretation.

I am not a lawyer and I do not play one in my role as a real estate agent. I would advise our buyer to seek the opinion of an attorney on this addendum as I would advise any buyer to seek legal help if they have questions about the contract to buy or sell a home. But it is important that I, at least have, an understanding of the document in front of me. So, I called the listing agent for an explanation.

The conversation went something like this:

Me: Hi, I am wondering if you could explain clause # 1, 2 and 3 on the addendum your seller would like our buyer to sign.

Listing agent: I am not sure how to explain it I did not write it.

Me: You didn’t write it? Who did an attorney?

Listing agent: No, the company handling the short sale negotiating for the buyer did.

The listing agent gave me the name and phone number of the short sale negotiator. The conversation with the gentleman who answered the phone contained the very popular; “we do this all the time” and “I don’t know why you are so worried”. When I pressed for an answer to who wrote the addendum, he directed me back to the listing agent. When I informed him the listing agent claims no responsibility to writing the clause, he then said an attorney did. I asked for the attorney’s name it turns out it was not an attorney but he picked this clause up from something another real estate agent had used.

As agents we should be careful allowing others write addendums and contingencies for our customers. At the very least we should have a clear understanding to what is being said. When a special addendum or contingency is required, you should seek the help of an attorney or your Broker.