Legal Question in Business Law in Virginia

signed wrong draft of contract and faxed it

I was negotiating an agreement to sell part of my small business to an investor. I

signed an agreement that was not witnessed or notarized (there was a line for a

witness signature), and I faxed it to the other party. I reviewed the document 3

days later, preparing to have it witnessed and notarized, I realized then that I

faxed the signed draft instead of the corrected version. I called right away to

explain the mistake, and I never sent him a hard copy. He now says that my fax

signature is enforceable, and claims he can get the terms I mistakenly sent. He

won't accept a corrected agreement. Can I get any protection against his claim?


Asked on 9/23/05, 9:35 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: signed wrong draft of contract and faxed it

The first case in the contract law textbook is Lucy v. Zehmer (please google for it). There are cases that have gone in your favor, but the odds are against you.

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Answered on 9/23/05, 11:13 pm


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