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do you need to have a counterparts provision in a contract for the contract to be signed in counterparts?
State/Country relating to Question: Texas Already Tried: I signed a contract and the other party never signed and returned the agreement. I went about my life and then all of a sudden they tried to get me to comply with the agreement. So, I reminded them they never returned and signed the document. They said they signed a separate version of the agreement, but I told them the agreement did not allow for signing by counterparts. What can I do?
Typically each new addition to the contract has to be re-signed by both parties to show validity. If an addendum has multiple sections and parts, it would be desirable for both parties to initial each page, and sign the full addendum at the bottom. Sincerely, Dimitry Alexander Kaplun, Esq.
I signed an agreement and returned to them for their signature. They did not accept and did not return it to me. So, I assumed it was not accepted. A year later, they sent me a document with just their signatures (not fully-executed with mine) and said they accepted it in counterparts. Can they do this?
Oh, I see. If they only signed it a year later, then the option/addendum to the contract most likely expired. A contract CAN be signed by counter-parts, but it has to be done in a timely fashion, AND on the same paper. Since your signatures were not on that contract, that contract is simply invalid. An addendum can expire if not signed. You will be able to contest this. In addition, when the company sent you the copy of the contract unsigned, you quite reasonably took that as a revocation of the new terms. that is the reasonable approach, and if you have a copy of the contract you were mailed, keep that as proof that your contract terms were not accepted. You should be able to contest them on that as well. Good luck to you. Sincerely, Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin