Austin, TX asked in Contracts for Texas

Q: Is a security agreement still valid if it is not dated by the debtor himself (but rather dated in two other places)?

The agreement is dated at the top of it and at the bottom of it. It also reads something to the effect of: "The borrow acknowledges receipt of a copy of this agreement dated this ____ daye of __________ 2011" office staff simply writes in the date here. The other two dates (top and bottom of page) are generated by the computer when it spits out the agreement.

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1 Lawyer Answer
Douglas J. Shumway
Douglas J. Shumway
  • Salt Lake City, UT
  • Licensed in Texas

A: The problem with most contracts is that little errors rarely invalidate them. Without spending a number of pages discussing why this is, I can generally recommend that if you are seeking to invalidate a contract, or ensure that one is valid, that you should seek the counsel of a local lawyer who can go over the agreement and discuss its specifics with you. I often find that parties to contracts want to focus on the little things when there are disagreements when in reality, at the end of the litigation process, a judge is going to attempt to do what is right and such decision will be somewhat based upon the law and argument made by attorneys. So, my only suggestion to you would be to discover the pros and cons of whatever route you want to take and then understand the risks associated with such route before moving forward. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.

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