What Does it Mean to Ratify a Contract?
What does it mean to ratify a contract? A business owner may want more than just a signed contract to bind an agreement.3 min read
What does it mean to ratify a contract? A business owner may want more than just a signed contract to bind an agreement. For instance, if an employee signs a document instead of you, the other party may want the document to be ratified to confirm you accept the terms.
If there's a signed contract but there are valid reasons to void it, ratifying it will show the contract can continue in force. Even if you ratify a contract, you have choices to refuse or invalidate it instead. Make sure to look over the agreement to understand the words and conditions. If you choose to ratify the document, you have to ratify it entirely, not just some terms.
How to Ratify a Contract
It's important to be clear about what you're agreeing to before ratifying a contract. Accepting the terms has to be either an expressed or implied declaration. Expressing that you want to keep the contract valid is done through writing or verbally. If there is no obvious expression but you continue to follow the contract terms, such as continuing payments, this is an implied declaration.
- When you ratify a contract, you are bound legally and are liable for a breach of the contract.
- Ratification makes the contract binding on the date the document is signed, not just the date it is ratified.
- If the company is a corporation, you also have to present your choices to stockholders for voting.
- The state law and corporate charter will determine what needs to be signed and which decisions need to be made for the owners to ratify them.
- Ratification is valid if it's intentional, voluntary, and done with the knowledge of the circumstances of the document.
- Refusing to ratify a document is also another option.
The moment the contract is ratified there are the steps that should be followed:
- Corresponding settlements
- Seller buying choice of home
- Buyer should have a gift-letter
- Third-party approval of the agreement
- Gathering the necessary number of parties of attorney
- Homeowner documents given to the buyer on time, and the buyer having these inspected on time.
What Does Ratified Mean?
When you are buying a house, ratification of the contract begins when all of the parties have agreed to the contract terms in writing. This is when everyone is committed and will follow the terms of the contract.
If you are a buyer, anyone else can negotiate with the seller up to being ratified, so it's important to have your contract ratified so that both parties are committed to each other. As a buyer, you will want to know the important deadlines like appraisals, home inspections, and financing. You have to make sure to meet the deadlines and keep with the dates to protect your interests in the contract.
Everyone has to sign off on everything within the contract and remove contingencies like inspections and sale of a home. During the escrow process, there are several documents that are required by law.
- Apply for a mortgage.
- File the documents and get them into escrow.
- The settlement company will do a title search and pay everyone.
- Your real estate agent will take all the documents to the other agent, who starts a case file and compiles information of those involved to pay everyone.
- Inspections are ordered depending on where you live in case any repairs have to be made and parties must agree on who will pay for them.
- Insurance has to be done for the new property.
- A homeowner's insurance policy has to be in place the day you settle in.
- The title insurance is also bought.
- It is important for buyers to understand what policy has been in place for the seller. There might be a discount if there is a transfer of policy instead of buying your own.
- Repairs should be ordered and supervised if needed for any termites, defects, or lead.
- Depending on the contract and law, the repairs will vary, as some houses sell "as-is" and if the buyer agrees to have no repairs done.
- Post-contract documents should be created, such as agreeing to settle in while the repairs are being done, or pre or post-settlement agreements.
If you need help with ratifying a contract, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.