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Post Dated Real Estate Contract | carangue-lms.com
There are any number of contexts where this comes up — some legitimate and others not exactly aboveboard — but the logistics of negotiating and signing contracts are such that the issue is unavoidable. For those with an hour to kill thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Business Lawyer in Setting aside such issues, avoiding unwanted side effects of backdating contracts can be tricky, especially when the purported effective date of an agreement is several months before the date it was actually signed, as can be seen in FH Partners, LLC v. Complete Home Concepts, Inc. FH Partners involves the ownership of a promissory note that was made to a bank in connection with a loan.
Post Dated Real Estate Contract
Hi Mike - good post. This highlights the importance of legal counsel for things that sometimes seem a bit inconsequential. Post a Comment.
If a contract does not specify its effective date, it goes into effect on the date it was signed by the person to whom the contract was offered for a signature. If a contract clearly specifies its effective date, then the contract is valid from the effective date regardless of whether its signatures are dated. Sometimes you will want the effective date to be different from the date of signing, either earlier i. Either is acceptable, provided that both you and the other party intended it. To be clear, having a later effective date does not mean that the contract will not be binding until that later date.