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Real estate contract addendums ?

I am a beneficiary of a 2016 addendum for a commercial building adjacent to a income property the addendum was to separate mine from the sale. The owner and buyer both named I was an intentional beneficiary it covers necessary work and upgrades to the apartment and detailed use of property i now have none although I pay for out -of - pocket while the other tenants have social services and other perks. My landlord has done nothing to rectify the discrepancy nor has she offer or intend to fulfill the obligation she made to me and accepted bythe buyer

Asked by Amme | West York, PA| 06-14-2024| 868 views|Finance & Legal Info|Updated 2 years ago

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Zoltan PeresztegiReal Estate Agent2 months ago

Amme, the most urgent thing in your question is not what your rights are. It is the clock. Pennsylvania's limitations period for breach of a written contract is generally four years. Your addendum is from 2016. If the breach occurred years ago and the clock started then, the window to sue on it may already be closed, and every month you spend gathering opinions instead of sitting with a lawyer makes that worse. There are arguments that can extend or restart it, for example a continuing breach, or a discovery rule if you could not reasonably have known, or an obligation that recurs rather than one that was broken once. Those arguments are fact-specific and they are exactly what a lawyer is for. Please treat this as a this-month problem rather than a someday problem. The thread is right that being named an intended beneficiary matters. An intended third-party beneficiary can generally enforce a contract they did not sign. But there are two questions underneath that, and they decide everything: Was the addendum recorded? This is the one I would check first, and it is something you can do yourself this week at the York County Recorder of Deeds. If the addendum, or a memorandum of it, was recorded against the property, it likely runs with the land and binds whoever owns it now. If it was never recorded, you may only have a claim against the original parties personally, and a current owner who bought without notice may not be bound at all. Same document, completely different outcomes. Who owns the property now, and did they take with notice? If ownership has changed since 2016 and nothing was recorded, that is a much harder case, and it is a different case, aimed at different defendants. When you see the attorney, bring these, organized: The 2016 addendum and the underlying purchase agreement it modified, complete, all pages. The deed and any recorded documents for both parcels, which you can pull at the recorder's office. A written timeline: what was promised, what was performed, when performance stopped, and when you first knew. Every receipt for the work you have been paying for out of pocket, totaled. That total is your damages number and it is what makes the case worth pursuing or not. Every piece of correspondence where you asked anyone to perform, especially anything in writing. That is what shows you did not sit on your rights. Ask the attorney about the remedy menu, because the answer is not only money. Specific performance, meaning a court ordering the other side to actually do what they promised, is often the remedy that matters most when what you want is the work done and the use restored. There may also be a declaratory judgment path, meaning asking the court to declare what the rights are going forward, which can be cheaper and faster than a damages suit and can be worth more if this is an ongoing arrangement. Two practical notes. Find a commercial real estate litigation attorney, not a residential closing attorney. This is a contract enforcement matter involving commercial property, and it is a different specialty. And if the York County Bar Association has a lawyer referral service, that is a reasonable starting point for finding someone in the right practice area quickly. I want to be straight with you about my limits. I am a real estate professional, not an attorney, and I have not read your addendum. Everything above is a map of the questions to ask, not an opinion on your case. Given the limitations issue, an actual consultation this month is worth far more than any answer you will get on a forum, including mine. West York is not my market, I am Zoltan Peresztegi, and I work Los Angeles and the South Bay, so I am not the right person to help on the ground here. But I would not let this sit another month. Zoltan

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Juan PicosReal Estate Agent4 months ago

Based on your description, this appears to be a **contract enforcement issue** rather than a traditional real estate transaction. If the 2016 addendum specifically identifies you as an intended third-party beneficiary and outlines obligations that the buyer and seller agreed to, you may have legal rights under that agreement. Whether those obligations remain enforceable depends on the exact language of the addendum, the terms of the sale, and Pennsylvania law. Since you believe the agreed-upon work, upgrades, and use of the property have not been honored, I recommend gathering all relevant documents—including the addendum, purchase agreement, and any correspondence—and consulting a real estate attorney. They can review the documents and advise whether you have grounds to enforce the agreement or pursue other legal remedies. A Realtor can help with buying and selling property, but in this situation, an attorney is the appropriate professional to evaluate your rights. **Juan Picos** REALTOR® | JohnHart Real Estate Serving Burbank, Glendale & Greater Los Angeles

Juan PicosReal Estate Agent4 months ago

Based on your description, this appears to be more of a **contract and legal enforcement issue** than a typical real estate transaction. If the addendum specifically identifies you as an intended third-party beneficiary and outlines obligations that were accepted by the parties, you may have rights under that agreement. Whether those obligations are still enforceable depends on the exact language of the addendum, the terms of the sale, and Pennsylvania law. I recommend gathering a copy of the purchase agreement, the addendum, and any related correspondence, then consulting a real estate attorney. They can review the documents and advise whether you have grounds to enforce the agreement or seek other legal remedies. A Realtor can help with buying and selling property, but in this situation, an attorney is the best professional to evaluate your rights and next steps. **Juan Picos** REALTOR® | JohnHart Real Estate Serving Burbank, Glendale & Greater Los Angeles

Loodmy JacquesReal Estate Agent6 months ago

You’re not dealing with a real estate agent problem anymore, you’re dealing with a contract enforcement problem. If that 2016 addendum names you as an intended beneficiary and spells out the work, use limits, or upgrades, you may have rights to enforce it, but the exact wording matters a lot. What I’d do next is hire a real estate attorney, preferably one who handles commercial property and contract disputes. Bring them the addendum, the purchase agreement, any emails, rent records, and proof of what you’ve paid out of pocket, because those details matter when you’re trying to show the other side didn’t live up to the deal. And I’ll be blunt, if the landlord has been ignoring this for years, that’s not something you fix with another polite conversation. Have a lawyer review whether you’re an intended third-party beneficiary and whether you can push for repairs, reimbursement, or damages, because if you’re just an incidental beneficiary, your leverage is a lot weaker.

Keith Jean PierreReal Estate Agent6 months ago

I would suggest speaking to an attorney to discuss the matter. They can outline all your options. Good luck! Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Kevin NeelyReal Estate Agent6 months ago

This is a common question among Florida buyers and sellers, and the answer depends on your specific situation and local market conditions. Understanding the fundamentals before making any decisions protects your investment and your timeline. In Brooksville, Hernando County, Florida, the real estate landscape has its own characteristics that affect how this plays out in practice. The Hernando County market attracts a diverse buyer pool including relocators from higher-cost states, retirees, and local move-up buyers, which creates consistent demand across most price points and property types. The strategic approach is to work with a local agent who can pull current comparable sales data and walk you through the specific factors that apply to your situation in Florida. Every market is different at the neighborhood level, and decisions based on general advice or national headlines often miss the local nuances that matter most to your outcome. Making informed decisions based on local data is always the strongest position. Kevin Neely & Kaitlynd Robbins | K2 Sells

Barrett HenryReal Estate Agent7 months ago

If you were named as an intentional beneficiary in a recorded addendum that specifies the obligations the landlord and buyer agreed to regarding your apartment, and those obligations aren't being honored, you have a potential legal claim. This is not something a real estate agent can resolve for you. You need a real estate attorney who can review the addendum, the purchase agreement, and your current situation. If the addendum clearly states that upgrades and specific use of the property were guaranteed to you as a named beneficiary, and neither the original owner nor the buyer has fulfilled those obligations, the attorney can advise you on enforcement options. Bring the addendum, any correspondence you have with the landlord about the unfulfilled obligations, documentation of what you've paid out of pocket, and evidence of the discrepancy between what was promised and what you've received. The sooner you act the better, as statutes of limitations apply to contract enforcement claims.

Jackie McCormickReal Estate Agent7 months ago
Novice2 Answers

It sounds like you were named as an intended beneficiary in a 2016 addendum for certain work or upgrades, and as a third-party beneficiary you might be able to enforce it, but it depends on the exact language, so you’ll need a Pennsylvania real estate or contract attorney to review the addendum and sale documents to see if the obligations are enforceable and what remedies are available.

Jason CraigReal Estate Agent1 year ago

A contract addendum is an attachment to the original contract that modifies or clarifies a part of the agreement. In real estate, addendums are used to update or change terms without rewriting the entire purchase or lease agreement. For example, an addendum can extend closing dates, adjust the sale price, define which appliances or fixtures are included, or spell out repairs or contingencies. Addendums must be signed by both the buyer and seller (or landlord and tenant), and once signed they become part of the original contract and are legally binding. If you’re unsure about your rights under a particular addendum, it’s a good idea to consult an attorney who can review the document and help enforce its terms.

Julianne ClarkReal Estate Agent2 years ago

Did you or do you have attorney representation? If not, probably in your best interest to get a consultation and find out what your rights, responsibilities and next steps are.

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