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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a realtor in N.C., who has been placed in charge of

Customer Question

Can a realtor in N.C., who has been placed in charge of handling the property of the owner, have the right to write an addendum and add person(s) or make changes to the lease to the renters once the original lease has been signed. Beside dogs and cats, the realtor claims ALL PETS (birds, turtles, etc) must be added to the lease. Is this true in the state of N.C.??? (L0L). When necessary, does the realtor and landlord have all rights to chose person(s) or company to do the repairs at the house instead of the renters?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

The realtor should not have authority to change the terms of the lease UNLESS the owner has given the realtor such a right. So, you'd need to look at the contract between the owner and realtor to now what rights and abilities the realtor has.

Expert:  Roger replied 6 months ago.

As for the repair items, who chooses the repairman usually depends on who is paying for the work. But, again, it'd be a matter of whatever the agreement says is going to govern.

Customer: replied 6 months ago.
Not Satisfied!
I understand fully a contract with the Realtor and landlord is compiled to both parties involved and the lease was generated. However, I was Not satisfied because I did not get a direct answer once the ORIGINAL LEASE has been signed can the changes be made. It was my understanding once the original lease is signed, an addendum cannot be issued after the fact and only done when the lease is being renewed. I was not kidding when I was told I had to add birds to the lease.
I truly need an answer.
Expert:  Roger replied 6 months ago.

Thanks for the response.

Contracts can be amended or changed any time IF both parties to the contract/lease agree. But, agreements can't be unilaterally changed by one party alone -- it takes mutual consent. The only exception is if the lease gives one party this right.

Expert:  Roger replied 6 months ago.

I understood your question to be whether the realtor had the right to take action on behalf of the owner ---- not whether the relator could make unilateral changes to the executed lease.

Expert:  Roger replied 6 months ago.

Sorry for any misunderstanding on my part, but I hope the response above addresses what you were asking about.

Expert:  Roger replied 6 months ago.

So, the fully executed lease can't be changed by the realtor/owner unilaterally UNLESS the lease allows the realtor/owner to do so. Instead, any change would have to be by mutual agreement between the realtor and the tenant.

Expert:  Roger replied 6 months ago.

Please let me know if you have any additional questions. Thanks!

Customer: replied 6 months ago.
I would like a direct answer concerning in the state of N.C., the realtor claims the birds need to be added to the lease. This is something "unheard of" in the amount of years I have rented homes and apartments in other states. It's difficult for me to digest or believe such a thing exist. I just want to be sure that I'm not being harassed in anyway.
Customer: replied 6 months ago.
When you stated ¨¨both parties "contract/lease can be amended or change if both parties to the contract/lease agree. Are you referring the part of the lease (signed lease by the tenant) as the tenant having the right or the realtor.
Expert:  Roger replied 6 months ago.

I'll be glad to opt out and allow another lawyer to assist. Please stand by and another attorney will respond if they have more to add. Thanks and good luck.

Expert:  Roger replied 6 months ago.

The question has been added back to the queue.

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