Contract Cons
If you think the other side is sneaky, read this.
URL:
http://www.entrepreneur.com/magazine/entrepreneur/2001/october/44376.html
Forged signatures, replaced pages, retyped wording and the like
are all nasty realities for the deal-maker. Can you really
safeguard against fraudulent documents? If it weren't so
inconvenient, you could have a document examiner go over every
line. But that's like protecting against food poisoning by
bringing a personal taster and lab technician to every meal.
Instead, take a realistic approach and use these practical
precautions to help protect you from fraud:
1. Use your own eyes. In
1992, colorful Italian financier Giancarlo Parretti, who at one
time controlled MGM, was indicted for offering altered corporate
documents into evidence. The paper in question was a fax that had
phony date lines pasted onto it from another fax. Sometimes,
forgers are sloppy. So take some time to inspect. If it looks like
a valid signature was cut out and photocopied over, it probably
was.
The photocopier was
the best thing to happen to the document forger since the invention
of tracing paper.
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2. Keep originals of important
papers. Let others settle for copies. The photocopier
was the best thing to happen to the document forger since the
invention of tracing paper. Now, even an amateur can produce a
respectable counterfeit. Always sign with a blue ballpoint pen; it
makes it easier to identify originals.
3. Keep copies of everything-especially
of what you send out. Make sure it comes back without
alterations. This also gives you a record of what you signed and
what samples of your signature the other side has. On the flip
side, hold onto signature samples from the people on the other
side; it will make it much harder for them to deny later that they
signed something.
4. Sign every page. It's
easy for your opponent to slip phony pages into long contracts;
signing each page will help you prevent this. If there are
handwritten changes, make sure both sides initial each one of them
as well.
5. Never sign documents that have blank
areas. Make sure all the information is filled in.
Don't sign documents with lots of blank space between
paragraphs or ones with more than 2 inches between the last line of
text and your signature. It's just too easy for a con artist to
add new terms and conditions to your deal.
6. Consider notarization.
It's good protection; in fact, it's required for certain
public filings. A notary attests to a signature's validity
after witnessing the actual signing and reviewing proof that the
signator is who he or she claims to be. The notary then affixes a
notarial stamp or seal and signs and dates the document.
7. Read what you sign.
Obviously. If you're used to buzzing through stacks
of paper, you may later regret your "efficiency" at
signing things so quickly.
8. If necessary, use a local document
examiner. Thanks to high magnification and other
techniques, an examiner can analyze handwriting, paper, writing
instruments, type, ink, language, grammar and syntax to unmask a
fake.
A speaker and attorney in Los Angeles, Marc Diener is the author of Deal Power: 6 Foolproof Steps to Making Deals of
Any Size.
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