Replace Name Field from the Contract Addendum and eSign it in minutes

Aug 6th, 2022
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How to Replace Name Field from the Contract Addendum

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- When youre buying a property its very important to make sure you know what name is actually going on the contract. Now that may seem obvious or a little bit crazy to say, but we often have people who are unsure if its going to go in one persons name or both parties names, for example husband and wife. One name only, both names. Two brothers, one name or both names. Or individual names, or a company, or a business name, or a superannuation fund, family trust. A whole range of different things. Whats important is that before you come to purchase the property, that you check with your broker, your solicitor, perhaps your accountant, as to what name will actually go on the contract for sale, because its a legally binding document. We had one incident recently, people bought a property at auction. They wanted to change from an individual name into a company name. The perception was, quite simple to do, but when youve entered a binding contract at auction with no cooling-off period

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Always put a contract amendment in writing and make sure both parties sign and date it. Reference the title of the contract, if applicable; its original parties; and original signing date, so that it is clear what document you are amending. Attach the amendment to the original contract.
If you think about it, that would be a neat way to avoid debts, by just changing the name of the business. So, no, a name/entity type change doesnt mean a contract is void.
A name amendment is a form filed with the state in which your business is located to officially change the name with the states records.
If you have already signed the contract but you want to make a modification to it, you will have to create a document, generally called a deed. This document is the written agreement of the two parties, stating the fact that they agree to change the terms of the original contract.
A contract addendum is a post-contract attachment that modifies, alters, or totally changes some of the terms of a previously established contract. Typically, this adds something new to a preexisting document. Once all parties named in a contract agree to an addendum, it becomes a part of the new contract.
A contract amendment allows the parties to make a mutually agreed-upon change to an existing contract. An amendment can add to an existing contract, delete from it, or change parts of it. The original contract remains in place, only with some terms altered by way of the amendment.
If a contract sometimes uses the wrong name, is it still valid? Yes. It is valid as long as the contract as a whole permits identifying the parties (unequivocally) and ascertaining their role with respect to the contract.
It is not illegal to alter a contract once it has been signed. However, it must be materially changed, meaning that if an important part of the contract is altered by the change, it must be made by mutual consent of both parties.

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