I signed a JV Agreement a year ago. My business associate is now trying to get out of the agreement. He says the agreement isn’t valid because I didn’t get two witnesses to sign under my signature. Can I get two people to sign the contract now before he officially cancels?
Firstly, as a general rule, you do not need witnesses to enter into a valid contract. So just because you didn’t get witnesses to sign the JV Agreement doesn’t necessarily mean that the agreement isn’t valid.
Secondly, you can’t get witnesses to sign an agreement after the fact. The role of a witness to a contract is to witness that the signatory did indeed sign the document (ie. the signature isn’t fraudulent), the signatory was of sound mind at the time of signing (and wasn’t intoxicated, for example), and that the signatory voluntarily signed of their own volition (and wasn’t being forced to sign the document). Therefore, a witness must be present at the time that the signatory signs the contract.
If your business associate is questioning the agreement then it would probably be a good idea to consult an attorney who can read the agreement and advise you on its validity.