Contract for Resale has no Effective date

3 Replies

I have contract that never had the executed date section is not even filled in. I have had two people tell me that is not valid until it is done. Is this completed?

Form is the :ONE TO FOUR FAMILY RESTDENTTAL CONTRACT (RESALE) TAR 1601 / TREC 20-11

I meant to say "Is it critical?" I am told it is a month to month lease until complete or the contract completed and the effective date is completed. Hard to find information on the topic of "effective date".

Probably doesn't matter,mexcept for any deadlines tied to the effective date by a number of calendar days.  The closing should be stated as a date, not so many days after effective date.  The date the completely executed copy is delivered to the other party is usually the effective date, by law.  It certainly doesn't "convert to a lease" unless the contract somehow says it does. Is there a specific reason you are concerned?

This is an incorrectly done contract that ties a Residential lease to a One to four Residential Contract for Resale. the "Effective Date" section was never filled in or completed by Broker. The Lease and the Contract for Resale both tie into the "Effective date" in many places. Trying to find out legal options on how to correct, as currently the contract exposes liability on the Seller, and the Leasee does not care to correct it, Leasee could sue the owner due to the Real Estate Agent not having done the contract correctly. Just a Bad contract and the Seller (me) is trying to figure out how to correct. In contacting an eviction company they state that the contract is not legal due to no effective date and that  they are on a month to month lease. The eviction company recommends we just do new lease and send to them, if they fail to sign, then we evict.   The eviction guy has 29 years doing this, but it is the first I have heard of such a thing (not that I have been around really long in this).