Can a Contract Be Enforced Without a Signature?

Contracts can be enforced even without a signature, but it is much harder to do so than when a contract is duly signed. You will need other types of proof to show that it is valid and that both parties intended to keep it. If you find yourself dealing with a contract that hasn’t been properly signed, contact a Las Vegas contract law attorney right away to decide the next steps to protect yourself and your business.

For any contract to be valid, it must have certain elements. There must be an offer, there must be some consideration being given in exchange for something else, and there must be an acceptance of the offer. The two parties have to consent mutually: any genuine evidence of coercion would invalidate a contract.

Normally, a contract is signed to show agreement, but it can still be binding even if it has not been signed. Here’s the kind of evidence that can show both parties treated the contract as binding:

How They Behaved

Look at the behavior of both parties. If a contract, for example, requires that Party A give a certain amount of money in exchange for Party B giving a certain amount of goods, and Party B has been providing those goods for eight months now while Party A faithfully paid the required amount, it would be very difficult for either party to claim in the ninth month that there is no valid contract, even if they technically failed to sign. Their behavior shows that they agreed to the contract.

Communications

Another possible way to prove that both parties have agreed to a contract is by showing correspondence to that effect. The correspondence would need to show that there was mutual consent to the key terms, like deadlines and price. Emails, written documentation, and even text messages can all be used so long as they can be authenticated.

In some cases, you may be able to prove your case just with correspondence from one side, so long as it’s clear the other side received the communication and began acting on the contract at that point.

Financial Documentation

Another way to prove that a contract was in place and acknowledged by both parties is by showing financial transactions to that effect. If a party did not sign the contract but did issue invoices, this would indicate that they believed the contract was in effect.

The same is true if they made payments for services or goods rendered, even if those are only partial. Other documentation that may be helpful could include bank transfer confirmations and signed delivery or acceptance reports.

Talk to a Contract Law Attorney

If a contract has not been signed, things can get a bit tricky, particularly if the other party wishes to back out. But it’s not impossible to enforce an unsigned contract. You will want the help of a qualified attorney, however, so call us now at the Hutchings Law Group in Las Vegas, NV for help.

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