Contracts - signing every Page question .

Discussion in 'Legal Issues' started by See Change, 4th Mar, 2017.

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  1. See Change

    See Change Well-Known Member

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    Whenever we have signed a contract for buying / selling property , signed an agreement with a
    PM for management etc , we are always asked to initial every page . Obviously the implication is that if it's not signed , then it's not valid . Is that correct ?

    Does the same principle apply to other contracts ?

    This is more of a curiosity rather than of actual legal significance .

    As of about two hours ago I've left my current job . In the last week my employer asked be to sign a document confirming my agreement to certain conditions of my contract . Given I've already agreed to this , they have a copy of the contract I saw no reason to do this . I checked with my solicitor who's view was that you should never sign anything you don't have to so he agreed with me and said they'd probably lost the contract .. ( they haven't ) .

    As I was leaving today , I had a chat with the boss , wished them luck and shook hands . Again she asked if I could sign the document and forward it to them . I told her what my solicitor said . Nothing more was said .

    I have not intention of breaching any of the conditions , but was puzzled why they wanted me to sign something I'd already agreed to .

    I was discussing a property related matter with my wife and we were talking about a contract when I realised when I signed the 15 page employment contract , no one had initialled the individual pages .

    As I said I've no interest in breaching the non disclosure clauses ( which are the clauses in question ) but if there was a dispute further down the line , does the same principle apply ?

    If they don't have a contract with initialled pages , does that mean if there was a dispute , the contract would be invalid ?

    Cliff
     
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  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Your solicitors advice is good.
    No reason to further bind yourself further.

    And there is no legal basis for signing every page of a contract. It is just evidence that could be used against you at a later date.
     
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  3. Redwing

    Redwing Well-Known Member

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    I thought it was to stop unscrupulous persons amending and inserting a page at a later date :D
     
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  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Email exchange prior to signing of a contract can constitute valid terms and acceptance of a contract - even if the contract itself is not signed. All depends on the wording exchanged but the courts are taking a very liberal view due to the electronic transactions act.
     
  5. larrylarry

    larrylarry Well-Known Member

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    What he said.

    An agreement pertaining to those conditions exists. I guess they received advice that you should sign on every page. I don't always ask clients to sign on every page of the contract with me but certain documentation, I would get them to sign on every page, such as Affidavit.
     
  6. Stoffo

    Stoffo Well-Known Member

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    After reading and verifying all details are correct I will often initial or sign all pages of a contract, loan or otherwise for this reason :cool:

    My bank stuffed up my last loan, and we're quite embarrassed :mad:

    Call me paranoid :eek:
    But better safe than sorry :p

    It is also why you/each party check the the sales contracts to ensure that both are identical and no pages missing at signing/exchange ;)
     
  7. DaveM

    DaveM Well-Known Member

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    Any contract of consequence I initial each page, and keep a scanned copy for a "just in case"
     
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  8. Redwing

    Redwing Well-Known Member

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    It's not paranoia, its just a higher state of awareness :D
     
    Stoffo likes this.

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