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Johnny purchases a house, doesn't want furniture left behind. He signs Tuesday, changes mind Thursday, calls agent to add furniture to contract. What is this?

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Question & Answer

Review the question and all answer choices

A

An option

An option is a separate contract giving one party the right but not the obligation to buy at a set price within a stated period; it does not describe adding new terms to an already-signed purchase contract.

B

A novation

Novation substitutes a new contract or party for an existing one, extinguishing the original obligation. Adding a furniture clause does not replace or discharge the existing purchase agreement.

C

An addendum

Correct Answer
D

An amendment

An amendment modifies terms that are already part of an existing contract (e.g., changing the price or closing date). Because the original contract said nothing about furniture, the change is properly characterized as an addition (addendum) rather than a modification.

Why is this correct?

An addendum is a document attached to an existing purchase contract that adds new terms or provisions not previously included. Johnny's request to include furniture introduces a new subject matter (personal property) that was not addressed in the signed agreement, which is the textbook use of an addendum (e.g., CAR Form APA-A) rather than a modification of pre-existing language.

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