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?
Thank you
Asked on December 7, 2016 under Business Law, Nevada
Answers:
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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