HOW TO CORRECT OR AMEND A PROPERTY OR BUSINESS DOCUMENT
So you have discovered an error or you want to edit a portion of your property or business written Agreement.
If you are tempted to just grab a pen, cancel some part of the Agreement, write a correction and ask the parties to initial beside it, don’t do it. That’s not just untidy; it’s legally dangerous.
Even if all parties sign beside the handwritten change, it creates a breeding ground for disputes, denials and avoidable suspicion.
In legal matters, ambiguity is a weapon and handwritten corrections offer plenty of it.
Anyone can later claim they never saw or agreed to the amendment.
The two proper ways to correct a document are:
1. Draft a Supplementary Agreement:
If you only need to alter a specific clause or correct an error, prepare a separate document (called a supplemental Agreement or addendum). It must clearly make reference to the original contract, describe the specific changes and be duly signed by all parties. This method ensures clarity, preserves the original document and eliminates room for doubt.
2. Make a Fresh Agreement:
For major changes, it is safer to abandon the existing agreement and prepare a new one that eliminates the error and incorporates all agreed terms. Then all parties should sign afresh.
Don’t edit a contract with a pen.
Do it right or risk everything.
___
APEX CHAMBERS, top Law Firm of Property/Real Estate & Business Lawyers, Legal Practitioners rendering legal services, Legal Consultants, Attorneys, Barristers and Notary Public in Port Harcourt, Nigeria