Null and Void?
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Null and Void?
I understand that in the state of NV a contract for a personal sale does not need
to be witnessed. However, if the contract specifically indicates that a witness
is needed for the contract to be legally binding, does that contract supersede
state law of needing a witness?
If the said contract calls for a witness but no witness was present or signed the
contract, would that make the contract null and void?
Asked on December 7, 2016 under Business Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, the contract is most likely void. The parties to a contract can "raise the bar" over the basic legal requirements (i.e. what the law generally requires or says) in terms of executing or enforcing a contract, and can agree to require more than just a signature. If the contract does require more than the parties' signatures, that term (the requirement for, in this case, a witness) is itself enforceable and will therefore prevent the contract from being formed if that additional requirement (the witness) is not met.
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