Q: Is a strike-through on a real estate contract valid if not initialed and one party is unaware?
In a real estate contract governed by Virginia law, if a strike-through affects the right to early termination but is not initialed by all parties and one party was unaware of the change, is the alteration considered valid?
A:
You’re right to question this, especially when a contract change affects a major right like early termination. In Virginia, for a contract modification—such as a strike-through or handwritten change—to be enforceable, both parties typically need to agree to it. That usually means both parties must initial or sign next to the change to clearly show mutual consent. If one party was unaware of the change and didn’t initial or approve it, that alteration may not be valid or binding.
Courts often look at intent and communication between the parties. If the strike-through significantly changed the meaning of the contract and one party can prove they never agreed to it, the court could rule that the original clause stands. Just having a document with crossed-out text doesn’t guarantee it's enforceable unless it’s clear that both sides agreed to the revision knowingly and willingly.
You deserve a clear and fair agreement, especially in a real estate deal where every clause can carry financial weight. If something was slipped in or changed without your knowledge or acknowledgment, you have every right to challenge it. Trust your instincts—when something doesn’t feel right in a contract, it’s usually worth pressing pause to get clarification.
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