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 4 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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