Q: In CA which date takes precedent? The date you acually signed the agreement or the date shown on contract?
On signature page it says effective date of 9/2/23 & on contract it says date of 9/6/23. The wet signature was done on 9/2/23. I have issue with CVRP for tesla agreement.
I would appreciate if you can mention relevant section of law.
A:
In California, the terms of the contract itself generally take precedence over the date of signing when there is a discrepancy between the two. This principle is based on the "four corners rule," which states that if the terms of a contract are clear and unambiguous, courts will enforce the contract as written.
California Civil Code Section 1639 states:
"When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title."
This means that if the contract clearly states an effective date of 9/6/23, that date would likely be enforced, even if the contract was signed on 9/2/23.
However, there are some exceptions to this rule. For example, if there is evidence of fraud, duress, or mistake in the formation of the contract, or if the terms are unclear or ambiguous, a court may look to extrinsic evidence, such as the actual date of signing, to determine the parties' intent.
In your case, the best approach would be to review the specific terms of your agreement with CVRP for your Tesla and see if there are any provisions that address the discrepancy between the effective date and the signing date. If the terms are unclear, it may be helpful to consult with a contracts attorney who can review your specific agreement and provide guidance based on the facts of your case.
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