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jay_in_houston | A Client changed my contract without my knowing. I want to know the legality of this.? |
Here's the short story. I emailed a contract to a client via pdf form. They took it upon themselves to change the wording of my contract and pass it off as my unchanged contract at our meeting. I signed a copy for them without knowing of the changes. The client then mentions the changes later in a phone call. Now they have a contract with my signature agreeing to terms I had no idea were altered. I know this is unethical, but what does the law say about this? I am in Texas.
Additional Details
I do have a clause that states "Any changes must be written and signed by both Purchaser and [My Company]"
I assume its meant in an addendum to the altered agreement we have both already signed. |
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~Me~
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Ignorance is no excuse. YOU should READ everything before you sign it!!
Did they write it in on a typed contract? If so, they would have to have your signature next to the change, along with theirs for it to be a legally binding change/amendment.
IF they changed it such as retyped it, etc. and you simply didn't catch it and put your name on it, it's a legal contract.
There are a boatload of unethical ppl in this world. Disgusts me and many others for sure... there is such a thing as Karma however, so not to worry.. :o)
READ BEFORE YOU SIGN!!! |
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InspectorBudget
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Once you signed the contract, you're legally bound to accept the contract as it was written ( or doctored, in your situation )
You might be able to get a good lawyer to try argue that you were deceived, but it's difficult in this case, as you had the opportunity to review the contract before signing - and you did not sign under duress.
Just like in everything else, before signing something, READ THE FINE PRINT.
Unless you brought the document with you and prepared it yourself, always read it once over before putting pen to paper. |
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scottbradentx
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Well, don't make the problem worse by getting legal advice from a bunch of unqualified strangers on the internet.
If it's a potentially expensive/painful problem, Call a lawyer.
If it's not an expensive/painful problem, learn your lesson and move on.
Good luck
Scott |
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Michael Myklin
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Good luck with this one. Time to get down to your free legal clinic if you can't afford a lawyer. |
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girlwhoknowsitstrue
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Well, next time you know to send them a signed contract in the PDF file - but that is next time.
For this time, use a professional attorney to determine the extent of the damages - You haven't provided enough information (nor am I well versed enough in Texas law) to give a good legal opinion. |
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dragon_lord12832
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According to my buisness law class your contract would not be valid as you were unaware of the changes, however as I am just starting law school I am not legally allowed to give advice, I suggest you contact a lawyer. |
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knowledgablePT
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Wow, I hate to say this, but you're in trouble. I think your only hope is that you saved the pdf file that you emailed to your client. Even then, you are going to have a hard time proving that you haven't altered that file yourself. I hope your client didn't mess you up too bad, because this is going to be super hard to fix, especially when he has your autograph on the hard copy of the contract. All I can tell you is get a GOOD lawyer, and GOOD LUCK. |
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JFAD
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In a court proceeding you could arguably present the original pdf; additionally, if the changes made are "unilateral", favoring the other party, the contract is not enforceable. However, you did sign the agreement so the outcome of enforceability of the contract is a decision for the court.
If you had a clause stating the contract could not be altered, amended, or modified without written consent by either party you may have a defense. Another reason to consult an attorney who specializes in contract law. |
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smiling_freds_biz_info
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Usually changes must be initialled by both parties....except if they retyped the whole thing and changes were not obvious.
Latter case: get legal advice.
Sounds like you may want to distance yourself from such people as quickly as possible.....good luck. |
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Highly Favoured
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Inspecto said it all. |
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*****
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Better talk to an attorney. You did a very dumb thing. |
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TM
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You do need to talk to an attorney, but these people claiming you're screwed are just plain wrong. A contract requires a meeting of the minds -- in other words, you're flat-out not allowed to change a contract unilaterally, regardless of whether you trick the other side into signing. Some contracts are thousands of pages long -- do you think they really have time to keep double-checking every stage of the process?
You might be screwed if you didn't have any proof of this, but presumably you still have the original PDF you emailed them. You'll be fine in court, but you do need a lawyer. |
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