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Real Estate Non-Realty Addendum

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REAL ESTATE NON-REALTY ADDENDUM

This Non-Realty Addendum is incorporated into and made a part of the Purchase Agreement dated between Seller: and Buyer: , concerning the real property located at (the "Property").

Property Identification

Non-Realty Items — Included / Excluded

Seller and Buyer acknowledge the following personal property items and related accessories (collectively "Non-Realty Items"). For each listed item indicate whether it is included in the sale by checking "Included" or "Excluded" and provide identifying details where applicable. If neither box is checked the default is Excluded.

Price: $
Description: Price: $
Description: Price: $
Notes: Price: $
Description: Price: $
Quantity: Price: $
Description: Price: $
Location/Description: Price: $
Transfer Fee / Account #: Price: $
Description: Price: $

Financial Allocation and Payment

The parties agree that the total purchase price allocation attributable to Non-Realty Items is $ . Earnest money to be applied to Non-Realty Items at closing: $ . Method of payment for Non-Realty Items at closing:

Seller Representations and Warranties

Seller represents and warrants that, to Seller's knowledge, all Non-Realty Items identified as Included are owned by Seller free and clear of liens, security interests and encumbrances, except as disclosed here:

Unless otherwise stated in writing in this Addendum, Seller makes no express or implied warranties as to condition, merchantability or fitness for a particular purpose of the Non-Realty Items; such items are conveyed in their present condition except for the limited warranties, if any, that are explicitly assigned in writing. Any transferable manufacturer's warranties will be assigned to Buyer at closing where assignable.

Condition, Inspection and Delivery

Buyer shall have the right to inspect the Non-Realty Items during the inspection period established in the Purchase Agreement. Any item noted by Buyer as damaged, missing, or inoperative prior to closing shall be repaired by Seller, replaced, or the parties shall agree to a written credit at closing in the amount set forth below.

Seller shall not remove any items represented as Included prior to closing. If Seller removes or otherwise fails to deliver an Included item, Buyer may (i) require specific performance, (ii) accept substitution or (iii) seek monetary damages, including reimbursement for replacement and incidental costs.

Transfer Logistics

Keys, garage remotes and codes for security or pool systems to be delivered at closing. Number of garage remotes to be delivered: . Number of keys: . Any service contract transfers, activation fees, or account transfer instructions:

Default, Remedies and Indemnity

In the event of default by Seller with respect to Non-Realty Items, Buyer may pursue remedies under the Purchase Agreement and applicable law, including but not limited to specific performance, reimbursement for replacement costs and incidental damages. Buyer agrees to indemnify and hold Seller harmless from claims arising after transfer of possession against Non-Realty Items included in the sale except for claims arising from Seller's breach of this Addendum.

Taxes and Assessments

Any taxes, registration fees or assessments related solely to Non-Realty Items shall be the responsibility of the party legally obligated to pay under applicable law. Sales or transfer taxes, if any, shall be the responsibility of .

Miscellaneous Provisions

This Addendum supersedes any prior written or oral agreements between the parties concerning the Non-Realty Items and may be amended only by a written instrument signed by both parties. This Addendum shall be governed by the laws of the jurisdiction selected in the Purchase Agreement.

The parties acknowledge that this Addendum is an integral part of the Purchase Agreement and that all terms not modified by this Addendum remain in full force and effect.

Seller (Print Name):

By (Signature):

Date:

Buyer (Print Name):

By (Signature):

Date:

Enter text✕

What the Real Estate Non-Realty Addendum Is

A Real Estate Non-Realty Addendum is a contract attachment that records which personal property or non-realty items are included in, excluded from, or separately transferred with a real estate transaction. It clarifies chattels (appliances, window treatments, fixtures, furniture) and prevents post-closing disputes by documenting parties' expectations. The addendum supplements the purchase agreement or lease, becomes contractually binding when executed by the parties, and may be delivered or stored electronically consistent with federal and state e-signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and UETA.

Why a Non-Realty Addendum Matters for Transactions

A clear addendum reduces ambiguity about which movable items transfer with the property, lowers closing disputes, and creates an auditable record for title and escrow. It protects buyers and sellers by establishing expectations in writing and supports faster closings when combined with reliable signature and delivery workflows under ESIGN/UETA.

Why a Non-Realty Addendum Matters for Transactions

Who typically prepares and signs this addendum

The addendum is used by listing agents, buyers, sellers, property managers, and closing teams to itemize non-realty items.

  • Listing agents who must disclose included or excluded items to buyers.
  • Buyers verifying that desired appliances and fixtures are included.
  • Title/escrow agents ensuring contract clarity before closing.

Use the list below to determine who should review and approve the addendum before closing.

Who can sign and their authority

Seller

The seller or an authorized signatory (e.g., corporate officer or trustee) must sign to transfer ownership of non-realty items; include documentation of authority for entities to avoid enforceability issues.

Buyer

The buyer or an authorized purchaser signs to accept included items; if multiple buyers exist, each authorized purchaser should sign or provide written delegated authority to avoid later disputes.

Essential information to include on the addendum

Property Address: Full street address
Seller Name: Legal entity name
Buyer Name: Legal entity name
Non-Realty Items: Detailed inventory
Effective Date: MM/DD/YYYY
Signatures: Sign and date lines

Risks and potential consequences of errors

Closing Delays: Title issues
Buyer Disputes: Post-closing claims
Financial Exposure: Repair or replacement costs
Contract Voidance: Ambiguous terms
Recording Problems: Escrow holdbacks
Tax Misalignment: Incorrect asset reporting

Common mistakes to avoid when preparing the addendum

  • Vague descriptions such as 'all appliances' instead of itemized lists; ambiguity invites disagreement and complicates enforcement.
  • Failing to match party names with the purchase agreement, which can cause signer attribution issues and delay closing.
  • Not specifying condition or working status of items, leaving buyers to dispute post-closing functionality or defects.
  • Omitting execution dates and initials on each page; unsigned pages or missing initials can lead to rejection by title or escrow.

Step-by-step: completing the Real Estate Non-Realty Addendum

Follow these sequential steps to ensure the addendum is clear, complete, and enforceable alongside the purchase agreement.

  • 01
    Draft the list: Itemize each non-realty item clearly.
  • 02
    Match parties: Use exact legal names from the main agreement.
  • 03
    Review terms: Confirm inclusion, exclusions, and condition notes.
  • 04
    Execute: All parties sign and date the addendum.

Configuring an online completion workflow

Set up template fields, signer order, and authentication to match your closing process for reliable e-signature execution.

Field Configuration
Template Name Non-Realty Addendum template
Auto-fill Party Details Map from purchase agreement
Conditional Section Show if 'appliances' selected
Authentication Email + SMS code or KBA

Technical and platform considerations for e-completion

Choose a platform that supports required authentication, audit trails, and export formats for escrow and title review.

  • Authentication: Email, SMS, or KBA
  • Audit Trail: IP, timestamp, actions
  • Export Formats: PDF/A or DOCX

How electronic signing and submission usually flow

A standard e-sign workflow moves the addendum from draft to signed record and delivers a copy to all parties and escrow.

  • Upload: Sender uploads the addendum to the signing platform.
  • Place fields: Assign signature, initial, and date fields to signers.
  • Sign: Signers authenticate and apply signatures.
  • Archive: Signed copy exported and stored with audit trail.

Key elements of a professional Non-Realty Addendum

A robust addendum balances clarity and enforceability: precise inventory, condition notes, signatures, cross-references, and integration with the primary contract.

Clear Inventory

A line-by-line list that identifies each item by type, make/model, and serial number where applicable to avoid later disputes over what was transferred.

Condition Disclosure

Short notes on the working condition or 'as-is' status for items that materially affect value or require repair after closing.

Reference Clause

A clause that ties the addendum to the purchase agreement by date and contract ID to ensure the addendum is interpreted as part of the agreement.

Signatory Blocks

Designated signature lines for each party, including printed name, title if applicable, and date; include initial lines for multi-page documents.

Escrow Instructions

Optional instructions for escrow to withhold funds or require inspections tied to condition reports for higher-value personal property.

Attachment Exhibit

A place to attach photographs, serial number lists, or invoices that substantiate the item descriptions and condition statements.

Real-world examples of addendum usage

These brief case summaries show how practitioners use the addendum to reduce disputes and streamline closings in practice.

Tim Martin, Founder

A brokerage moved to digital addenda to reduce delays in rural closings.

  • The team used an electronic template for appliance lists.
  • Tim reported consistent compliance and faster turnaround, enabling remote closings while preserving signed records and audit trails for escrow review.

Brian Fitzgibbons, COO

An investment firm standardized addenda across portfolios to avoid ambiguity at sale.

  • They attached serial-number lists for high-value furnishings.
  • The standardized approach reduced post-closing claims and made property disposition smoother during asset transfer and asset management.

Practical tips to ensure accuracy and acceptance

Apply these practices when drafting, reviewing, and executing the addendum to minimize risk and support title and escrow processing.

Use exact legal names
Always use the legal names shown in the purchase agreement or entity formation documents; mismatched names can force corrective affidavits or amendments and may delay closing or recording.
Itemize high-value goods
For items with material value, include make, model, and serial numbers plus photographs; this evidence reduces disputed ownership claims and supports insurance and tax reporting where necessary.
Coordinate with escrow
Deliver the executed addendum to escrow/title immediately after signing so they can confirm acceptance, apply any required holdbacks, and add the document to the closing package without delays.
Preserve audit trails
If signing electronically, retain the platform's audit trail with timestamps, IP addresses, and authentication logs; an intact audit record helps prove intent, attribution, and consent under ESIGN and UETA.

Timing considerations and common deadlines

Be aware of contract timelines and milestones that affect when the addendum must be delivered, reviewed, and recorded.

Delivery with contract:

Provide the addendum when the purchase agreement is executed.

Inspection contingencies:

Complete condition notes before inspection contingency expiration.

Escrow delivery:

Deliver signed addendum to escrow ahead of the closing statement.

Closing day:

Confirm inventory and condition as of the closing date.

Post-closing claims:

File any disputes within the contractual claims period.

Key milestones in the addendum lifecycle

Track these milestone stages to maintain process visibility from drafting through post-closing recordkeeping.

01

Drafting

Seller or agent compiles the itemized list and condition notes.

02

Review and negotiation

Buyer reviews items and requests clarifications or exclusions.

03

Execution

All parties sign; addendum becomes part of the contract.

04

Record and archive

Deliver to escrow/title and retain signed records with audit trail.

Common eSignature vendor pricing and feature overview

A high-level comparison of starting prices and core features that affect how you manage and sign addenda; signNow is listed first by product page convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers to common questions about e-signing, notarization, authority, retention, and correcting errors for the Non-Realty Addendum.


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