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Can you back-date New mexico Real Estate contracts?

On July 15, 2009 / By Real Estate Law Help / In Real-Estate-Contracts

We’re the buyer and have a verbal aggreement with the seller and we all would like to put it in writing from the time of the verbal agreement.

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4 Responses to “Can you back-date New mexico Real Estate contracts?”

  1. newmexicorealestateforms said:

    Jul 15, 09 at 1:02 am

    Here in NM is the same as anywhere else. As long as the verbal is not in writing and has not been signed you can always agree to a new written contract.

  2. MICon said:

    Jul 15, 09 at 2:24 am

    Yes and no. You absolutely can not backdate. The date you sign the agreement must be correct. However, you already have an agreement and are now reducing it to writing. The contract needs to be drafted to reflect that on such and such date the parties agreed to such and such. The contract should also show that you are now reducing the prior agreement to writing as of this date. Make sure a competent attorney drafts all the documents and you should be fine. The agreement date stays the same you are just signing the papers later. If you’re clear then there is no fraud and anyone reading the contract can see what occurred.

  3. Kenneth_D said:

    Jul 15, 09 at 5:34 am

    The contract was formed when you agreed. Putting it in writing is just a formality to protect everyone involved so you are not backdating it but rather memorializing your prior agreement.

  4. sophieb said:

    Jul 15, 09 at 12:01 pm

    I don’t specifically know about New Mexico however legally I don’t know anyplace in the US where you can backdate something and get away with doing that. But, whatever you put in an agreement or contract that both you and the seller approve by initialling it, is legal. Make sure what all you talked about IS in the contract though, then there would be no need for backdating it, even if you signed it at a later date.

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