Can Request for Repair document be altered, modified, without our knowledge after we, buyers, signed original.?

Asked by CMichelle, Danville, CA Mon Aug 5, 2013

We the buyers signed Request for Repair No. One prepared for us by our buyer agent. This was to have Seller pay for Section 1 Termites. Seller agreed to credit us at closing. Issue we have is in our file. After we signed, seller section altered, terms were blacked out with XXX and changed in which Seller signed this modified Seller content day prior to COE. We did not know about modified document; thus, did not agree to the new changes, nor initial the XXX lines. What to do? COE happened and we need our file for court.

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5
Sue Smith, Agent, Danville, CA
Tue Aug 6, 2013
BEST ANSWER
Michelle C
This is illegal--there is a place on the repair addendum for the seller response and then below that the buyers response to that. You need to get your entire file from the broker at the office where your agent works, If he/she will not give it to you, contact the Department of Real Estate in Sacramento for help
(they are now called the Bureau of Real Estate)
Sue Smith
suesmithcalif.com
0 votes
Lance King, Agent, San Francisco, CA
Tue Aug 6, 2013
The short answer is, no. No party can unilaterally change a contract and have it be binding without all parties agreeing in writing. The proper way to do this would have been to draft an addendum changing the terms and all parties sign or initial. A second, less acceptable (to me) method would be to have all parties initial the changes.

What I don't understand is how escrow closed without you addressing this first. You should have received an estimated closing statement that showed the credit from the seller. You say the document was changed but you didn't say whether you got the money or not. Please let us know.
0 votes
Bernard Gibb…, Agent, Danville, CA
Tue Aug 6, 2013
Did the get the seller credit at close of escrow as you expected? Although no changes to any part of the contract are valid without all parties initials to indicate agreement, if everything you requested was done, what would be your basis for a court action?

If you did not get the credit, you should get a copy of the file from your agent or his broker and then take legal advice on the next step to take.

Bernard Gibbons
0 votes
Seller, is relocation company. Request Repair No. On for Sec 1 termite $945 credit at closing. Yes, we did get $945 credit at closing. Problem is Seller mover caused property damage which us buyers notified morning of COE. Where it stands, Seller altered Request for Repair No. One document. Makes it seem like we agreed to $945 for mover property damage when we agreed to Sec 1 termite....10+days prior to knowing Seller movers would damage newly refinished floors. Seller sent us Cease & Desist letter. Not paying to refinish floors damaged by Seller mover only willing to recoat...$900K home sale which newly refinished floors enticed us to put in generous offer to buy house. We get keys to house with adamaged property by Seller mover occured post walkthrough with buyer agent AND during escrow. Did not get copy of file until 5+ weeks post COE. Buyer agent on vacation and then discovered altered document husband and I did not know about after we signed before document modified..
Flag Tue Aug 6, 2013
Ron Thomas, Agent, Fresno, CA
Tue Aug 6, 2013
You should have received a complete file, of every document, at the Title Company, when you signed the Closing day.
If a document was altered, it would have to be counter-initialed by you afterward.
If the Seller, or the Listing Agent slipped in with the doc's at the Title Compnay, the Escrow Officer wouldn't proof-read it, it's not their job.
If you don't have a copy of everything; the Title Company should: Ask them for a COPY of everything in their file, (probably just a copy charge, mine would do it for free).
Where is your Agent while all this is going on?
0 votes
Ron, Sue is correct. Buyer agent on vacation. We entered into contract with buyer agent for 3 week escrow. Told night before last week COE that buyer agent will be on cruise out of state. The property damage happened last week of escrow by Seller movers but we were not informed until 7 hours prior COE. Buyer agent and listing agent work for same company. We requested extension of escrow and addendum to get to buyer/seller resolution re: Seller mover property damage, but we were told buyer agent needs to do this. Buyer agent office told us to close escrow and all would be handled when buyer agent returned. Seller relo company refuses to pay us. We even stated we would accept 40% reduction in actual costs to settle out of court. $6.8K REJECTED by Seller Relo Company NY lawyer.
Flag Tue Aug 6, 2013
Ron
In our area (Contra Costa County) the buyer never receives completed real estate contracts or related real estate papers from the title company unless their agent shows up and brings them--those have nothing to do with title co.
Flag Tue Aug 6, 2013
Shanna Rogers, Agent, Murrieta, CA
Tue Aug 6, 2013
Hi CMichelle,

All items in a contract (changes included) have to be agreed upon by all parties to the contract. Contact a Real Estate Attorney as soon as possible.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
0 votes
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