Asked in Contracts for Florida

Q: Is it possible to create only one original contract copy by executing in counterpart?

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2 Lawyer Answers
Mark R. Osherow
Mark R. Osherow
  • Boca Raton, FL
  • Licensed in Florida

A: Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If the separate pages are initialed then they should be included. Frequently, one of the parties adds all the signature pages and creates a separate original draft containing all of the signatures and then circulates that as the final executed draft. If there is any doubt, include all of the pages from each signed original.

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Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Osherow. The issue is preventing any potential legal challenge to the contract as not being the true meeting of the minds of the parties - that is, a claim that someone switched out any of the language that comes before the signature pages.

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