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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If I have signed the Residential contract and Purchase

Customer Question

If I have signed the Residential contract for Sale and Purchase agreeing to mitigate radon if found above satisfactory levels but I haven't yet signed the Addendum to the Contract am I still libel to pay?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You are going to be bound by the precise terms that you have agreed to.

If the agreement to mitigate the Radon was in the purchase and sale agreement, that you have already agreed to, then you are bound by that agreement.

If the agreement to mitigate the Radon was in the addendum, and you have not yet signed that agreement, you are not going to be bound by that.

Understand that if you refuse to sign/refuse to pay the addendum (assuming the addendum is where this agreement to pay is located) that the other party may claim that you are responsible for breach of contract damages in an amount equal to lost opportunity (this is a flimsy claim, but I want you to be aware of the possibility). These disputes are generally dealt with in mediation and resolved through negotiations rather than in litigation, assuming the parties cannot work something out between themselves. In most cases it simply results in either a renegotiation of the contract in full, or a "walk away."