Can you void a contract if there is no date on it?

Answer 1

AnswerIt has been suggested that "your contarct is viod if there is no date on it", however, this ignores a number of related issues. Further AnswerFor example, what "date" do you put on an oral contract? If I offer to pay someone for not smoking until they are 18 years old, does it matter whether the written contract has a date on it?

One of the necessary elements of a written contract is that it be dated. Without it being dated, the written contract is void as a matter of law. (this will not stop some sap judge from ruling contrary to law-they do it all the time.) The court will look to the other elements of a contract to decide what to do. If there has been offer, acceptance, consideration paid, reliance and performance by both parties during the course of the contract- another words, all the other elements of a contract are present including legality of purpose and capacity of the parties, then the court may very well rule that the contract is enforceable despite it not being dated. Doctrines of such things as unjust enrichment come into play.

Answer 2

Not necessarily -- they are very often used only to identify the specific contract, and there are usually other important dates -- when to put up earnest money, how long you might have to get a mortgage (although an undated contract may make it more difficult to figure this out) and most importantly, a closing date. If the parties agree to a closing date and sign the contract but do not date the contract, they should still be said to have intended to close on the stated day.