Q: We signed an amendment after we had signed the deed transferring our home. Are we responsible to the terms of amendment?
We were reluctant to sign the document as we had already "sold" the home and transferred the title/deed. We asked if we could put a "max" on the amount we would cover (i.e. up to $2,000). Our real estate agent indicated that they buyer could still walk away if we didn't sign the amendment. So we did. Now, we face the possibility of covering the full expense of replacing a septic system - $16,000. The amendment states, "The well, septic and water test report will be delivered post-closing. Due to the delay, seller agrees to repair/replace any code violations in these 3 systems at seller's expense prior to the end of occupancy on 10/1/17." Any advice is appreciated. Do I need to hire an attorney?
A: You are responsible for the amendment because you agreed to it by signing. It sounds like your agent gave you bad advice. You should consider making a claim with your agent's insurer if you are ultimately on the hook for the $16,000.
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