If everything is going along smoothly, you probably won’t be looking back at the fine print in a contract. However, when things start to go wrong, that’s when people start to look at the contract under a magnifying glass.
What if you unfortunately find that one of the parties didn’t sign the contract? Does that mean that the contract is null and void? Not necessarily. Obviously it would be better if everyone signed the agreement, but it still could be enforced. That is a matter for the courts to decide.
There must be evidence that a contract exists between the parties. If the parties sign the contract, that is evidence. But there may be other ways to show that there was an agreement between the parties.
If, for example, if there was a down payment made and monthly payments were made in the beginning, and the parties were performing under the agreement, that could be evidence that a contract existed.
If you can prove that all parties had read the agreement and all parties agreed to the terms, the court could find that the contract existed.
If you find that you are in this kind of a dispute, the best thing for you to do would be to come in and talk to Ben Winter.
Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida. For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.