2 addendum in the P&S agreement

[samlooker]

What is the name of your state (only U.S. law)?
MA

Long story short. Buyer is buying a "as-is" foreclosure condo. Seller (bank) has an addendum (as-is addendum) stating some very strict terms. The addendum also states "These provisions shall supersede any other provisions evidencing the agreements of the parties hereto".

Buyer's attorney feels buyer is not protected, so he came up another addendum (rider "A" addendum). The attorney instructed buyer to sign both the as-is addendum and rider "A" addendum, and in the "Cash Count Off" paper add "rider "A" addendum" in the "additional provisions" section, right after the "as-is" addendum requirement.

Seller also signed both addendum.

Question: if there is any arguments down the road, due to the difference on the 2 addendum, who will prevail?

Buyer's attorney thinks rider "A" will prevail because in the "additional provisions" rider "A" is listed after the "as-is" one. Is this assumption correct?

Thanks.

 

[HomeGuru]

What is the name of your state (only U.S. law)?
MA

Long story short. Buyer is buying a "as-is" foreclosure condo. Seller (bank) has an addendum (as-is addendum) stating some very strict terms. The addendum also states "These provisions shall supersede any other provisions evidencing the agreements of the parties hereto".

Buyer's attorney feels buyer is not protected, so he came up another addendum (rider "A" addendum). The attorney instructed buyer to sign both the as-is addendum and rider "A" addendum, and in the "Cash Count Off" paper add "rider "A" addendum" in the "additional provisions" section, right after the "as-is" addendum requirement.

Seller also signed both addendum.

Question: if there is any arguments down the road, due to the difference on the 2 addendum, who will prevail?

Buyer's attorney thinks rider "A" will prevail because in the "additional provisions" rider "A" is listed after the "as-is" one. Is this assumption correct?

Thanks.

**A: is this a homework question?

 

[samlooker]

**A: is this a homework question?

No. This is a question in real life.

 

[HomeGuru]

No. This is a question in real life.

**A: I need to know what party you are: the Buyer or the Seller?

 

[samlooker]

**A: I need to know what party you are: the Buyer or the Seller?

I am the buyer. Seller is the mighty bank. Thanks in advance for any advice.

 

[HomeGuru]

I am the buyer. Seller is the mighty bank. Thanks in advance for any advice.

**A: your attorney is correct.

 

[samlooker]

**A: your attorney is correct.

Would you care to elaborate? It might be obvious to you, but for people in other fields (like me) the reasoning might be hard to understand.
Thanks.

 

[seniorjudge]

Q: Would you care to elaborate?

A: Buyer's attorney thinks rider "A" will prevail because in the "additional provisions" rider "A" is listed after the "as-is" one. Is this assumption correct?

 

[HomeGuru]

Q: Would you care to elaborate?

A: Buyer's attorney thinks rider "A" will prevail because in the "additional provisions" rider "A" is listed after the "as-is" one. Is this assumption correct?

**A: sounds correct to me.

 

[samlooker]

Q: Would you care to elaborate?

A: Buyer's attorney thinks rider "A" will prevail because in the "additional provisions" rider "A" is listed after the "as-is" one. Is this assumption correct?

Even the "as-is" addendum states "These provisions shall supersede any other provisions evidencing the agreements of the parties hereto"? Wouldn't it cover all provisions in "rider-A"?

 

[HomeGuru]

Even the "as-is" addendum states "These provisions shall supersede any other provisions evidencing the agreements of the parties hereto"? Wouldn't it cover all provisions in "rider-A"?

**A: no, and there is no meeting of the minds. The addendum and rider and whatever else just confuses the issue.