Do we have grounds to terminate the contract because no start date was entered?

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Do we have grounds to terminate the contract because no start date was entered?

We signed a contract with a realtor to sell our home. In the Term of Agreement section, it says

Asked on January 30, 2017 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Courts will "fill in blanks" using outside evidence if it is clear what was intended and there is undisputed evidence; so if there were discussions, emails, text messages about when the agreement would begin, a court would look to those to supply the start date, rather than void the contract. Since realtor contracts generally start on or shortly after signing, just having evidence or testimony about when it was signed could be enough. Or if the start date is largely irrelevant, since the termination or end date is critical and is known (since that date determines the contract duration), the contract would also be still in effect, because a contract will not be voided for lack of a not material, or unimportant, term. So based on what you write and how realtor contracts generally function, this probably does not provide grounds to terminate the agreement.


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