Pflugerville, TX asked in Contracts and Energy, Oil and Gas for Texas

Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding

The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the "Design Services" Article states: American Power will be responsible for procuring the design

of the System (the "Design Services"). American Power has reviewed and approved the Design

Specifications attached hereto as Exhibit A, etc. The agreement does not have Exhibit A included or attached. All I was shown during the Sales meeting was an image of my roof with panel placement, but nothing about materials, etc. If this Exhibit is missing on the agreement, is it still binding?

2 Lawyer Answers

A: First question:

The Steve v. Stephen distinction is not likely to matter, especially if you signed the Agreement already. Your signature will be indicia that you understood who they were referencing by calling you "Steve" (i.e., you wouldn't have signed if it called you "John" or "Tom").

Second question:

You have a stronger case for having the contract voided due to the failure to attach Exhibit A, but it depends. Did you sign the contract at the same sales meeting? If yes, then a court might view those multiple documents as constituting one and the same document. If no, and it was just a mock-up used as a piece of marketing material at a different place and time, then you have a good argument for having an incomplete contract.

This analysis may also depend on how thorough the body of the contract is. If the body of contract contains terms like pricing, delivery date, other fees/expenses, then that would be evidence that you and American Power had a meeting of the minds at the time the contract was signed (i.e., if you both weren't talking about the same design with roughly the same attributes, then you couldn't have possibly agreed on a price or delivery date).

Aimee Hess
Aimee Hess
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: Whether these issues will invalidate the contract depends on the language in the rest of the contract and how the law of the state where you live applies.

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