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Any lawyers out there!?!

CubanBride Posted:

Any lawyers out there!?!

I am wondering, if I make a change to a booking via fax, and the company sends a fax to confirm they received the changes, does that constitute a legal agreement that they must abide by?

LuvMyMichael Posted:

Re: Any lawyers out there!?!

ooohhhhh.....better ask Jennie

DebMaher Posted:

Re: Any lawyers out there!?!

Yep, ask lady sunshine!

Corduroy94 Posted:

Re: Any lawyers out there!?!

Better check that out with Jenniesunshine
BlondeJD Posted:

Re: Any lawyers out there!?!

Okay, not legal advice because I'm technically not admitted to the bar yet. But, what they taught us in law school is that if you make changes to a contract AFTER it's been signed by the other party (the vendor), the other party has to agree to those changes in order for it to be binding. So, in theory, you could argue that because they told you they received the changes and failed to say anything about disagreeing with them that this constitutes an agreement. This is a good theory here in particular because you're dealing with someone who is a business person and has superior knowledge with regard to drafting contracts.

If the vendor signed the contract AFTER you made then changes, however, then you're fine because they explicitly agreed to those changes when they signed it.

To be on the safe side, however...If it were me, I'd send back the contract, placing my initial by EACH change I made to the contract and provide a space for the vendor to initial each change as well. This is what I did when I made a few changes to my video contract. Hope this helps!
lrs2005 Posted:

Re: Any lawyers out there!?!

Non legal - legal advice - (I am only in law school and not a licensed attorney - therefore this is only a personal opinion).

Did they just reply that they received your fax (i.e. your fax was a counter offer) or did they return your fax with the changes that you made and sign the fax? (In which case that would indicate a meeting of the minds and a mutual manifestation of assent - thereby forming a contract). But Jenny was correct with everything she said too.

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