Who has to sign a change to the contract
A change is only a change once the right people have signed it. Here is who that is in a California transaction, and the situations where the answer is not the two names on the front page.
The general rule
Everyone who is bound by the original contract has to agree to a change to it. If four people signed the purchase agreement, four people sign the amendment. A change signed by some of the parties is not partially effective; it is an offer that the others have not accepted.
That is straightforward when the contract is between two individuals. It stops being straightforward as soon as the ownership is anything else.
Where it gets complicated
Property held in a trust is signed for by the trustee acting in that capacity, and the trust may require more than one trustee to act. Property in an estate may need the personal representative, and sometimes a court. Entities sign through whoever is authorized in their governing documents, which is not always the person who has been doing the talking.
A common California surprise is a spouse who is on title but was never on the offer. Their interest does not disappear because they were not part of the negotiation, and a change to the contract can need them.
Timing and delivery
Signing is only half of it. A signed document that never reaches the other side has not been delivered, and delivery is generally what makes a change effective. Given how short the acceptance window on an amendment is, the gap between signing and sending is where changes quietly die.
Forms this touches
Named so you know which document the conversation ends in. Their text is not reproduced here.
- AEA — Amendment
- ADM — Addendum
Questions that come up
Does an amendment expire?
The C.A.R. amendment form is deemed revoked if it is not accepted by 5 p.m. on the third day after the initiating party signed it, unless a different date and time is written in.
Do the agents sign the amendment?
Agents are not the parties to the purchase agreement. They may sign to acknowledge receipt, but the change is between the buyers and the sellers.
What if one of two sellers will not sign?
The change has not been made. A partially signed amendment is an outstanding offer, and the original terms continue to apply until everyone bound by them agrees.
Describe the change in plain English
Amendly drafts the California amendment or addendum for your deal from a sentence. You review every line before it goes anywhere.
Draft your first amendmentRelated in this guide
- C.A.R. Form AEA — the AmendmentThe C.A.R. Amendment form changes a binding contract — and revokes itself if it is not accepted within three days. What that means in practice.
- C.A.R. Form ADM — the AddendumWhat the C.A.R. Addendum form is used for, how it differs from an Amendment, and why it is the form most reached for at the offer stage.
- Extending a California closing dateHow a California close of escrow is moved, and the trap that catches most extensions: the contingency clocks do not move with it.
- Reducing the price mid-escrow in CaliforniaRenegotiating a California price mid-escrow, why the appraisal contingency runs on its own clock, and what a change does to the loan.
Where this comes from
This page describes how California residential transactions typically work. It is general information, not legal advice, and it is not a substitute for an attorney on a specific deal. Amendly is not a law firm. Forms are named and described here; their text is not reproduced. Amendly is not affiliated with or endorsed by the California Association of REALTORS® or any state agency.