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Richard, Attorney
Category: Business Law
Satisfied Customers: 55444
Experience:  32 years of experience practicing law and a businessman.
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I signed an agreement that had a statement that the contract

Resolved Question:

I signed an agreement that had a statement that the contract had to be signed within 5 days of the agreement date or the Agreement was invalid. The date I signed was a few weeks after this date. The party that wrote the agreement accepted the signed agreement. Is this a valid agreement with enforceable terms?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard replied 5 years ago.

Good afternoon. Once the 5 days elapsed, your signing of the contract did not constitute a binding agreement because the other party's original offer was deemed withdrawn upon the lapsing of the date. So, your signing of the contract constituted a new offer to the other party, and when accepted by the other party, created a binding contract which is not binding and enforceable.

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Customer: replied 5 years ago.
Just so I understand, the terms of the agreement I signed are invalid and unenforceable...yes?
Expert:  Richard replied 5 years ago.

The agreement you signed constituted a new offer and when accepted by the other party created a binding and enforceable agreement. But, the other party's acceptance had to have manifested in some way that showed that it was truly accepted.

Customer: replied 5 years ago.
Still confused. So the terms of the agreement I signed are valid and enforceable because the other party accepted it even though I signed after the required date ?
Expert:  Richard replied 5 years ago.
Yes...because when you signed the agreement, even their original offer would have lapsed, your signing created a new offer which when accepted by them created a binding contract.
Customer: replied 5 years ago.
In your first response you said it was "not binding and enforceable". I am coletely confused now. Please explain.
Expert:  Richard replied 5 years ago.
I'm so sorry! The "not" in the original was a typo! It is binding and enforceable as a new contract.
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