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Does a contract signed by both parts without the date is valid, it has legal power?
Join the Conversation Comments (3)ABSOLUTELY NO!!!!!!!
One might imagine that an undated contract would be invalid, but Googling around suggests that this isn't cut-and-dried. For example, suppose that you and Joe Schmoe sign a contract under which Mr. Schmoe will provide you services for two years for a stated fee per month. Mr. Schmoe does indeed provide those services for (say) six months and you pay during the same period. Then one of you becomes dissatisfied with the deal and tries to break the contract because it's undated. The law firm of Google & Google seems to imply that you couldn't do that since you have both implicitly agreed to the contract by your actions over the past six months.
I AM NOT A LAWYER and neither is Google. But "It's not binding because it's not dated" looks like an iffy argument at best.
Since this is a message board regarding real estate, my answer was narrowly framed. A contract for the sale or real estate must be in writing based on the Statute of Frauds, a lease for more than one year also must be in writing. Both must be dated. Oral contracts, which obviously are undated are valid in many areas, but not the sale of real estate. In your example you state it was a two year contract, when did the two years begin? Without a date it doesn't seem to be enforceable. However, if someone performs serfvices for another and there is an expectation of payment, oral or in writing, dated or not, if it can be proven that those services took place, payment would be expected. There are many examples of oral contracts being valid and, even undated ones when there are no problems. Real estate,however, is quite different.
Dianne, thanks for the clarification. In my example of a two-year contract for services, I would imagine that the two-year period would be determined to have started when the services began and when the first payment was made. Assuming both parties had cooperated for several months on those terms, it appears likely that the contract would be considered enforceable, even if undated. (But again, I Am Not A Lawyer.)
On further Googling, it turns out this identical question with its odd phrasing ("Does a contract signed by both parts without the date is valid, it has legal power?") has been posted to a number of discussion groups on the internet. In one case, the writer clarified what the contract was about: "The contract was signed between cooperative and cable company." If that is indeed the case, and the cable TV service has already been provided for awhile with payments made by the coop, then it looks like they're probably going to have to live with the contract.
Of course the bottom line is that the original poster's coop should CONTACT THEIR ATTORNEY and ask for a detailed analysis.
You are right on the mark with the "contact attorney", but sometimes these questions are just that, questions, not necessarily pertaining to real life problems and I like to answer anything about which I am knowledgable.. I would hope that anyone with a real contract problem would contact an attorney. You used two phrases which made me chuckle, ASSUMING BOTH PARTIES, and, IT APPEARS LIKELY. These are some obvious examples of why oral contracts or others that are not complete and might not hold up in a court of law are so dangerous. You are right, once again, CONTACT A LAWYER and PUT IT IN WRITING.
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ABSOLUTELY NO!!!!!!!
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