When you sign property-related legal documents, such as an offer to purchase, you need to initial every page and, on any alterations, made on the page.
However, you should be aware that the other party to the agreement could add in extra conditions or facts in the spaces that are left blank.
Some examples could include:
- A list of the fixtures and fittings in a home that are to be transferred as part of the property can often be added to, including items that were not originally discussed which should not be transferred.
- A clause stating that renovations or repairs will be carried out before the handover could possibly be extended to include faults that were not evident at the time of signing the document.
To prevent extra entries being added to a document, you should draw a line across the page from the point where the sentence or paragraph ends as well as across the following blank lines. All parties to the agreement need to initial next to these lines, to show that they are aware that nothing is to be added in this space.
Altered agreements
A signed sale agreement document becomes a binding contract. However, changes are permitted, provided they are in writing and are signed by all the parties to the agreement.
Any informal variation - for example a verbal agreement to do additional repairs - will be null and void. The original signed sale agreement will be considered to be the final agreement, because the variation was not recorded in writing.
A sale agreement can be changed for a variety of reasons including correcting mistakes. Sometimes one of the parties to the agreement mistakenly stipulates something which results in the terms of the agreement not reflecting the intentions of the parties. At other times one of the parties may wish to rectify some of the material terms. Alterations can be made by deleting words or adding new words, clauses or even entire pages to the sale agreement.
The bottom line is that there must be consensus between all the parties to the sale agreement to alter the terms. Provided all alterations are signed by the parties on the pages where they are made, the amended agreement will be valid. A sale agreement that is amended and signed by only one of the parties will be null and void.
Writer: Sarah-Jane Meyer