There can be adverse consequences that the parties will want to be aware of.
More often than not, in our experience, when parties type the date in ahead of signature, one or both parties fails to sign on the typed date.
Although it is probably rare that a criminal forgery is committed in these circumstance (it is not a strict liability offence, so criminal intent must be present), it is not something that most of us want to risk.
Meanwhile, the conflicting cases and legal theories have created uncertainty in one of the most important areas of automobile retail sales – the rewriting of automobile sales contracts – and highlight the contentious relationship between the auto industry and the law firm pursuing the backdating cases, the Rosner Law Firm of San Diego.
In the District, held that an auto dealer who placed the original date of the sale on a rewritten contract was “backdating” a contract in violation of certain state and federal laws.
Despite decision could put the brakes on at least a half dozen similar lawsuits against dealers throughout the state as legal analysts wait for the Fourth District to provide further guidance.