Very basic question about contracts.

[mede]

I'm in Washington state, if that matters.

I have a very basic question regarding contracts. Another party and I recently came to an agreement, and put that agreement into a contract for us both to sign. I printed two copies of the contract, signed them both, and delivered them to the other party asking him to please sign and return one copy to me at his leisure. To my surprise, he instead opted to keep both copies and refuse to sign them himself. So now he is in possession of a contract that I signed but is himself refusing to sign. My question is this: am I bound by the contract? If I make a different offer later on and he decides he prefers the old one, can he reproduce the old contract and try to get me to abide by it? Or is the agreement considered void since he refused to sign?

 

[quincy]

I'm in Washington state, if that matters.

I have a very basic question regarding contracts. Another party and I recently came to an agreement, and put that agreement into a contract for us both to sign. I printed two copies of the contract, signed them both, and delivered them to the other party asking him to please sign and return one copy to me at his leisure. To my surprise, he instead opted to keep both copies and refuse to sign them himself. So now he is in possession of a contract that I signed but is himself refusing to sign. My question is this: am I bound by the contract? If I make a different offer later on and he decides he prefers the old one, can he reproduce the old contract and try to get me to abide by it? Or is the agreement considered void since he refused to sign?

The contract is generally not valid until the other party signs (accepts) the terms. You can withdraw your offer up to the time of acceptance. Does your contract have a time specified in the agreement for accepting the agreement, after which the offer terminates?

 

[mede]

The contract is generally not valid until the other party signs (accepts) the terms. You can withdraw your offer up to the time of acceptance.

Great. Thanks for the answer.

 

[quincy]

Great. Thanks for the answer.

You're welcome, mede.

I should point out to you, however, that my answer was a brief and general one that did not take into consideration all of the variables that might need to be considered, variables of which potentially could make a difference in whether even an unsigned contract could be found legally binding on the parties.

Facts will always matter in law and the addition of even a single fact can change a legal answer.

 

[mede]

You're welcome, mede.

I should point out to you, however, that my answer was a brief and general one that did not take into consideration all of the variables that might need to be considered, variables of which potentially could make a difference in whether even an unsigned contract could be found legally binding on the parties.

Facts will always matter in law and the addition of even a single fact can change a legal answer.

Indeed. Thanks again.

 

[quincy]

Indeed. Thanks again.

Okay.

As long as you understand my answer may not have been as complete or as accurate a one as you need for your particular circumstances. For example and depending on facts, an "acceptance" of terms can take a form different from a signature on a written contract. For two examples: acceptance of the terms of a contract can be shown through oral acceptance or can be shown by the performance or conduct of the other party.

I just don't want you to be misled by my rather rapid first response.

 

[Zigner]

Okay.

As long as you understand my answer may not have been as complete or as accurate a one as you need for your particular circumstances. For example, an "acceptance" of terms can take a form different than a signature on a written contract. For two examples, acceptance of the terms of a contract can be made orally or can be made through the performance by, or conduct of, the other party.

I don't want you to be misled by my rather rapid first response.

Furthermore...if the OP breaches the contract, I'd bet that the other party is going to produce a fully executed copy

 

[quincy]

Furthermore...if the OP breaches the contract, I'd bet that the other party is going to produce a fully executed copy

That is why I asked if the contract had a time limit for acceptance.

If mede wants to take back his offer and there is no time limit specified for acceptance, mede will want to formally withdraw his offer prior to the other party's acceptance of it. Of course, this acceptance of the offer must be communicated to mede within a reasonable amount of time.

 

[adjusterjack]

My question is this: am I bound by the contract? If I make a different offer later on and he decides he prefers the old one, can he reproduce the old contract and try to get me to abide by it? Or is the agreement considered void since he refused to sign?

Let me add something to the other responses.

You don't have to sign a contract to have a contract and you don't necessarily need both parties to sign it to be binding.

A lot depends on what the parties have agreed to do for each other and you haven't revealed any of that yet.

 

[quincy]

Right. We know little of the contract in question but I do have some concern after a re-read of the original post (especially with my first answer).

mede started off by saying that he and another party "recently came to an agreement." The written contract appears to be nothing more than the oral agreement reduced to writing. The contract was already formed before the terms of the agreement were written down.

If this is the case, the oral agreement could be binding on both parties, whether there is a signed written agreement or not, unless this was an agreement to sell real estate or transfer exclusive rights in a copyright or some such thing, where a written agreement is a legal necessity.

At any rate, if mede wants a more specific answer, I guess we need more specifics.