Q: In NYC, Signed agreement with a company without reading everything. Owner info they wrote is incorrect. Can we void?
I signed an agreement on behalf of my company, he put down my info as 100% ownership, my date of birth incorrect, my title as owner, which is all incorrect. I didn't look it over. They wrote in an early termination fee after I signed everything so it was not stated before I signed. We want to cancel the contract with them. Is the contract voidable?
A:
Were there witnesses other than "they" that the termination fee was included after you signed? If so then the potential for breach is increased as a factor allowing you to withdraw. The matters of dates, titles may be corrected as an administrative act.
It is presumed that a person signing an agreement has read the agreement. Your suggestion that you did not read would not likely be persuasive.
See an attorney.
Tim Akpinar agrees with this answer
A: If something was written after you signed, that can be challenged. Claiming you did not read something before you signed is not a defense.
Tim Akpinar agrees with this answer
A:
Once an agreement is signed, the general rule is that it cannot subsequently be modified by only one party - both must agree to modifications. As far as date of birth, etc., the significance of those items could depend on whether they are material to the terms of the contract. If it's purely clerical in nature, an error in date of birth is not usually a problem. If an element of the contract hinges on age, and the DOB makes a difference, then it could be significant. It's about context and the materiality of such things. Good luck
Tim Akpinar
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