If a contract was signed when information was withheld from the party regarding the agreement, is the contract then void? 18 Answers as of April 01, 2013

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Durham Jones & Pinegar | Erven Nelson
Yes, there is a good argument that it was signed under false pretenses and should be declared invalid.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You can sue to rescind the contract.
Answer Applies to: Michigan
Replied: 2/25/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Probably not, unless you can prove that the information was purposely withheld from you as an inducement to enter into the contract. However, simply because one party is better informed than another, especially through its own efforts, is not necessarily a basis to rescind the contract.
Answer Applies to: Ohio
Replied: 2/20/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If the info was withheld to defraud someone probably so. If the agreement was signed just because you are generally ignorant and someone didn't teach you that is another matter.
Answer Applies to: North Carolina
Replied: 2/20/2013
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
If a judge believes the information was essential to your consent to the agreement, then it can be voided.
Answer Applies to: Florida
Replied: 2/20/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    Depends on what information was withheld. Potentially a fraud in the inducement claim.
    Answer Applies to: California
    Replied: 2/20/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the withholding of evidence amounts to a material misrepresentation, then not only be a void contract, it might be fraud.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Not necessarily. It depends on the nature of the contract and what information was withheld. In some situations there is no duty of full disclosure. For example, in the sale of used goods, normally the doctrine of caveat emptor (buyer beware) applies. The seller does not have to disclose defects. Where there is a duty to disclose and disclosure is not made, it does not necessarily make the contract void. It could be grounds for claim for damages, which is different than voiding a contract.
    Answer Applies to: South Carolina
    Replied: 2/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, although given the right circumstances it might be voidable. The problem is that you have not identified what was withheld. If it was material to the contract, then there is an issue. If it really has nothing to do with the performance under the contract, then you may not be able to void the contract. Call the Idaho State Bar and ask for a referral.
    Answer Applies to: Idaho
    Replied: 2/20/2013
    Gates' Law, PLLC | Thomas E. Gates
    It depends on the facts. The four corners of the contract govern the deal. If there was not a meeting of the minds due to missing/withheld information, the contract could be invalid.
    Answer Applies to: Washington
    Replied: 2/20/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    Assuming the information that was withheld was "material" information (information that would have affected your decision to enter into the agreement) you can seek rescission of the contract based on the withholding of the information. When a contract is rescinded, or cancelled, each party must return to the other all that it received as a result of entering into the contract. If the information was withheld intentionally, you may also sue for fraud and seek all consequential damages resulting from that fraud.
    Answer Applies to: California
    Replied: 2/20/2013
    Stephens Gourley & Bywater | David A. Stephens
    That depends on the representations in the contract.
    Answer Applies to: Nevada
    Replied: 2/20/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If pertinent information was withheld, that may constitute fraud or mistake if it was not intentional. That may be grounds to have the contract rescinded or at least voidable.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Not necessarily, though you may have a claim for fraud if the information withheld was material in your decision to enter into the contract and the other party knew that (or reasonably should have known that).
    Answer Applies to: California
    Replied: 2/20/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Assuming it is a "material misrepresentation", then yes, it is void as fraud.
    Answer Applies to: New York
    Replied: 2/20/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    It depends on the information that was withheld and whether it was material and /or relied on to enter into the contract.
    Answer Applies to: California
    Replied: 2/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, that is a complex question and can only be answered with all of the details. See an attorney, present the facts and gain a reasoned and knowledgeable opinion.
    Answer Applies to: Michigan
    Replied: 2/20/2013
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