A counterparts clause is a provision in a contract that allows the document to be executed in multiple copies, or counterparts. Each counterpart is considered an original document, enabling parties to sign the contract separately and still have a legally binding agreement. This clause is particularly useful in real property transactions where parties may not be able to sign in the same location.
This form is ideal for individuals or entities involved in real estate transactions, including buyers, sellers, and real estate agents. It is particularly beneficial for those who need to finalize agreements where the parties are in different locations and cannot meet in person for signatures.
The counterparts clause is commonly found in various types of agreements, including purchase agreements and lease agreements. Legally, it ensures that all signed copies of the document have the same effect as a single original document. This clause helps streamline the signing process and provides flexibility in executing contracts.
Using an online form for counterparts clauses offers several advantages:
When completing a counterparts clause, be cautious of the following common errors:
If notarization or witnessing is required, users can expect the following steps:
A counterparts clause makes up part of the general provisions of any contract you may enter. It establishes that though parties may sign documents separately, if the document's content is the same, you can read them together to form a legally binding agreement.
A boilerplate clause that allows parties to validly execute separate copies or counterparts of a deed or agreement, each of which will be considered an original.
The Counterparts clause states that parties need not sign the same copy of an agreement and any of the copies can be treated as an original for evidentiary purposes. Some clauses stipulate that the agreement is not effective until one party delivers their signed agreement to the other.
Generally, yes, but best practice is to have a specific clause. In short, contracts and deeds can usually be signed in counterpart. The absence of a specific counterpart clause should not affect the validity of a deed where a deed has been executed in counterpart.
In short, contracts and deeds can usually be signed in counterpart. The absence of a specific counterpart clause should not affect the validity of a deed where a deed has been executed in counterpart. However, having such a clause can help to prevent another party from claiming that an agreement is not binding.
Updated October 30, 2020: A counterparts clause states that the parties signing the agreement don't all need to sign the same copy. Any copy of the agreement may be treated as an original.
A Standard Clause found in real estate agreements such as a lease or purchase and sale agreement providing the parties with the option to execute separate copies of an agreement in counterparts. This clause typically appears among an agreement's boilerplate provisions.
A typical counterpart clause will look something like this: ?this agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.?