Addendum In Real Estate

Definition of "Addendum in Real Estate"

Jesse DeLaGarza real estate agent

Written by

Jesse DeLaGarzaelite badge icon

All City Real Estate

The addendum definition is an attachment, clause, or section added to an agreement or contract specifying additional terms, conditions, or requirements to the original agreement or contract. When a contract or agreement needs to be updated or changed, the parties involved use addendums. These can modify clauses in the contract, timelines, or expenses; they can clarify some sections or nullify portions of the original document. For addendums to be considered in effect, they have to be signed by all parties involved and might even require a witness.

Addendums can be applied to any type of contract or agreement. They can extend the period of the contract, alter payments, or change the payment schedule. In the work field, addendums can be used to increase salaries, add or remove benefits, and much more. 

What is an Addendum in Real Estate?

A real estate addendum is used to include additional terms and conditions to the purchase contract. When the buyer is interested in purchasing a home, the sale and purchase agreement (SPA)  is the document that specifies that one individual is selling the home to another for the price specified. The SPA works as a guideline for the negotiation and mentions information such as deposits made during the negotiation and requirements already met. The addendum is used to record requirements that have not been met but are detrimental to the whole agreement. These can void the contract if not met or change the terms and conditions of the contract.

Addendums can be explanatory, informational, or indicative of other requirements that have not been met when the contract was signed. This document is signed and attached to the SPA when they are prepared. An addendum is different from an amendment while often mistaken for one. An amendment modifies the terms and conditions of a contract that is accepted. The addendum changes the terms and conditions of a contract that is yet to be accepted. Addendums are added to the contract and done at the same time; amendments are done later. 

Examples of Addendums in Real Estate

During the negotiations, the buyer expresses their desire to open an at-home bakery. Still, the documents available at the time does not state whether the zoning ordinances allow that or not. When the contract is written, this part is not mentioned as the indication would void the whole contract as the buyer is determined to start the bakery. 

The real estate agent will prepare an addendum to specify this and mention how this requirement annuls the contract. If both parties, buyer, and seller, agree, they sign the addendum and the contract. In case the zoning ordinances don’t allow an at-home bakery in the area, the contract can be voided.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

External top of a structure such as for an office building or house. ...

Section of the Internal Revenue Code applies to assets used in a trade or business,. In general, gains on section 1231 assets are taxed at capital gains rates, and losses are considered ...

Investments, usually in limited partnership, that can protect of defer shelter) part of the income from current taxes. Under current law, passive leases can be applied up to passive income. ...

Agreement by a lender to loan money to suitable borrowers within a given time period but without identifying those borrowers. ...

Possession and use of a property estate by virtue of a lease. There are four types of leasehold estates: estate for years, periodic tenancy, tenancy at will, and tenant at sufferance. ...

Failure or refusal to perform a specified action. The failure to fulfill contractually agreed upon terms or actions. Nonperformance creates a liability which can enable a judicial damage ...

Second layer of flooring material placed over the rough flooring or flooring planks in a structure. The finish floor is a polished floor often made oak or other hardwood materials. ...

Apartment building in which each resident owns a percentage share of the corporation that owns the building. ...

Secondary demand created from a primary agent or facility. ...

Popular Real Estate Questions