Irving, TX asked in Contracts, Real Estate Law and Landlord - Tenant for Texas

Q: I signed a sublease agreement a few weeks ago and I just noticed that they spelled my name wrong. Is it still valid?

I am looking to break my sublease for an office space and I just noticed the name error and want to find out if that makes the sublease invalid or does it even matter because I still signed it.

2 Lawyer Answers
Johnathan Spencer Young
Johnathan Spencer Young
Answered
  • Landlord Tenant Lawyer
  • Dallas, TX
  • Licensed in Texas

A: To constitute a contract, the minds of the parties must meet with respect to the subject matter of the

agreement, and as to all of its essential terms. If one's name is misspelled on a contract, the contract itself is most likely still valid and enforceable. Such errors are referred to as “scrivener’s errors” and do not materially affect the terms of the contract. Further, if one has knowledge of the error and executes the contract nonetheless, one may be deemed to have accepted and/or waived the error/defect.

Disclaimer: this is not legal advice

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: The misspelling of a name is not likely to invalidate a contract. It could be chalked up to a transcription error in many cases. Good luck

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