Home Buying in Pierce County>Question Details

Yvonne, Home Buyer in Puyallup, WA

Can an addendum to a purchase contract closing date take parts of the original contract and revision w/o actually stating it?

Asked by Yvonne, Puyallup, WA Mon Sep 26, 2011

Purchase contract originally said the closing date 3days. There have been several addendums, some of them stated the 3 days but the most recent says "9/26/2011 on or before." With a stipulation on the bottom that says "All other terms and conditions of the original agreement remains unchanged." This is the only addendum that states that on the bottom. Does this mean that I must wait the 3days

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Yvonne,
The general principle is that the later addendum supersedes the previous, so if the newest addendum states closing on September 26th, that is when all parties who have signed it says it will happen.
If you are discussing possession, when you get keys, that will be either on closing if the contract calls for that and hasn't been amended or closing plus whatever changes have been agreed to.
Closing is when the home legally transfers ownership from seller to buyer, possession is when the buyer gets keys and can access. These dates can be the same or different by mutual agreement.
0 votes Thank Flag Link Mon Sep 26, 2011
I also am assuming you are talking about 3 days after closing for possession, although you are a little vague. That being assumed, changing the closing date does not in and of itself change the possession date. But, seriously, where is your agent in all this??
0 votes Thank Flag Link Mon Sep 26, 2011
Yvonne do you mean 3+ days to take possession after the closing date?
0 votes Thank Flag Link Mon Sep 26, 2011
Hi, Yvonne,

This can't be answered without seeing the whole contract.
You should as your agent, and/or the office designated broker.

Cheers,

Jean Bradford, ABR,GRI,CRS,CRB,SFR
John L. Scott
Silverdale, WA
Web Reference: http://johnlscott.com/jeanb
0 votes Thank Flag Link Mon Sep 26, 2011
If agreed by you as the buyer and the seller, then yes, you must wait the 3 days. But, you may want to speak to your agent about countering the 3 days to possession being on the day of closing if you do not agree with having to wait. Basically Yvonne, whatever is last written and agreed to supersedes what was previously agreed to, that which was not changed, remains the same.
0 votes Thank Flag Link Mon Sep 26, 2011
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