QUESTION

My RE Agent entered an incorrect date as the "date the contract will end". the contract was signed by both parties. Can I void the contract and be und

Asked on Dec 01st, 2011 on Real Estate - Pennsylvania
More details to this question:
We entered into the contract on 9/21/2011. The contract reads "This contract ends on March 31, 2011", while it should read "this contract end on March 31, 2012".
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1 ANSWER

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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At the outset, it is highly recommended that you consult with a real estate and/or contract lawyer who can more specifically provide advice on this matter after reviewing the actual contract.  Thus, this preliminary response, based, on the limited information, should be considered as initial guidance.  You do not indicate what kind of "contract" this was; a contract to purchase in the future?  a lease?  As it is unclear as to the precise nature of contract, this response is further limited as there may be unique issues associated with a specific contract. Generally contracts are enforceable, no matter what kind they are, if the requirements of contract formation are met (offer, acceptance, consideration, etc);  the contract is legally binding on the parties.  An exception can be where there is a mistake - not all mistakes will permit an avoidance of contractual obligations.  And generally, if you sign a contract, it is presumed that you have read and understood the terms and agree to them.  However, when there is a mutual mistake concerning an important element of a contract, there perhaps will be grounds to void the agreement.  In the situation you present, if the contract was signed in September (after the mistaken date) and you and the other party have acted upon the contract, you might be hard-pressed to void the contract as it would be presumed that it was perhaps a typographical error and the courts would reform the contract to make it binding in accordance with the terms and presumed correct date in 2012.  Again, because you have not presented all of the relevant facts and circumstances and because it would be important to base legal advice on an actual review of the contract, it would be recommended that you consult with an attorney if your intention is to try to void the contract.  Hopefully, this has provided some initial guidance.
Answered on Dec 02nd, 2011 at 11:21 AM

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